Western Australian Consolidated Acts

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MENTAL HEALTH ACT 1996 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        authorised hospital means —

            (a)         a public hospital, or part of a public hospital, that is for the time being authorised under section 21; and

            (b)         a private hospital whose licence is endorsed under section 26DA of the Hospitals and Health Services Act 1927 ;

        authorised medical practitioner means a person designated under section 18 as an authorised medical practitioner;

        authorised mental health practitioner means a person designated under section 20 as an authorised mental health practitioner;

        Board means the Mental Health Review Board;

        CEO has the meaning given by section 3 of the Health Legislation Administration Act 1984 ;

        Chief Psychiatrist has the meaning given by section 8;

        community , in relation to a person who is confined within a restricted community, is a reference to that restricted community;

        community treatment order means an order of the kind provided for by Division 3 of Part 3;

        Council of Official Visitors means the Council of Official Visitors established under section 176;

        department means the department of the Public Service principally assisting the Minister in the administration of this Act;

        document includes any means of storing or recording information;

        hospital means a public hospital or private hospital;

        inspect , in relation to a document, includes to have the use of any process reasonably required for the purpose of viewing, hearing, or otherwise obtaining the information in the document;

        involuntary patient means a person who is for the time being the subject of —

            (a)         an order under section 43(2)(a), 49(3)(a), 50 or 70(1) for detention of the person in an authorised hospital as an involuntary patient; or

            (b)         a community treatment order;

        lawyer means an Australian lawyer within the meaning of that term in the Legal Profession Act 2008 section 3;

        legal practitioner means an Australian legal practitioner within the meaning of that term in the Legal Profession Act 2008 section 3;

        medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

        mental health practitioner has the meaning given by section 19;

        Mental Health Review Board means the board established by section 125;

        mental illness has the meaning given by section 4;

        mentally impaired accused has the same meaning as in Part 5 of the Criminal Law (Mentally Impaired Accused) Act 1996 ;

        Mentally Impaired Accused Review Board means the Board established under Part 6 of the Criminal Law (Mentally Impaired Accused) Act 1996 ;

        official visitor means a member of the Council of Official Visitors;

        patient means a person receiving psychiatric treatment;

        President means president of the Mental Health Review Board;

        prison has the same meaning as in the Prisons Act 1981 ;

        private hospital means premises at which a person is licensed under the Hospitals and Health Services Act 1927 to conduct a private hospital;

        psychiatric treatment means treatment for mental illness;

        psychiatrist means a person whose name is contained in the register of specialist psychiatrists kept by the Medical Board of Australia under the Health Practitioner Regulation National Law (Western Australia) section 223;

        psychologist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;

        public hospital means premises that are a public hospital as defined in the Hospitals and Health Services Act 1927 ;

        Registrar means the Registrar of the Board appointed in accordance with section 22;

        relative means spouse, de facto partner, parent, grandparent, child, sibling, uncle, or aunt, whether by the whole or half-blood or marriage or a relationship established by written law;

        senior mental health practitioner means a mental health practitioner with at least 5 years experience in the treatment of persons who have mental illnesses;

        superintendent has, in relation to a prison, the same meaning as in the Prisons Act 1981 ;

        supervising psychiatrist means the psychiatrist responsible for supervising the carrying out of a community treatment order;

        treating practitioner means the medical practitioner or mental health practitioner responsible for ensuring that the treatment plan specified in a community treatment order is carried out;

        treating psychiatrist , in relation to a patient, means the psychiatrist for the time being in charge of the treatment of the patient;

        treatment in the community means treatment other than as an in-patient of a hospital.

        [Section 3 amended by No. 28 of 2003 s. 136; No. 65 of 2003 s. 51(2); No. 84 of 2004 s. 82; No. 28 of 2005 Sch. 3 cl. 8; No. 28 of 2006 s. 274; No. 21 of 2008 s. 680(2); No. 22 of 2008 Sch. 3 cl. 34(2); No. 35 of 2010 s. 110.]



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