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This is a Bill, not an Act. For current law, see the Acts databases.
MENTAL HEALTH (TREATMENT AND CARE) AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Mental
Health (Treatment and Care) Amendment Bill 2007
Contents
Page
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Mental Health
(Treatment and Care) Amendment Bill 2007
A Bill for
An Act to amend the
Mental Health (Treatment
and Care) Act 1994
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Mental Health (Treatment and Care) Amendment
Act 2007.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Mental Health (Treatment and Care) Act
1994.
4 Offences
against Act—application of Criminal Code
etcSection 4A, note 1, 3rd dot
point
substitute
• s 55C (Offence—electroconvulsive therapy on 10 or more
occasions since consent)
5 Section
4A, note 1, 6th dot point
substitute
• s 55J (Offence—electroconvulsive therapy on 10 or more
occasions since electroconvulsive therapy order)
substitute
5 People not to be regarded as mentally dysfunctional
or mentally ill
omit everything before paragraph (a), substitute
For this Act, a person is not to be regarded as mentally dysfunctional or
mentally ill only because of any of the following:
8 Definitions
for pt 5ASection 48B, definitions of
custodial order andnon-custodial
order
omit
9 Transfer
of custodial patients from ACTSection 48G
(1) (b)
substitute
(b) is subject to a psychiatric treatment order and is being detained
under—
(i) a restriction order made under section 30; or
(ii) action taken under section 35 (Powers in relation to detention,
restraint etc) or section 36K (Contravention of psychiatric treatment order or
community care order);
10 Application
of Act to persons transferred to ACTunder s
48KSection 48L (d)
omit
custodial order
substitute
custody order
substitute
Division 5A.4 Psychiatric treatment orders
and interstate non-custodial orders
substitute
48M Psychiatric treatment orders relating to
interstate people
omit everything before paragraph (a), substitute
(1) A psychiatric treatment order may be made under division 4.4 even
though the affected person does not reside in the ACT, if—
insert
(2) However, a restriction order mentioned in section 31 (a) (ii) may not
be made in relation to the affected person.
substitute
55C Offence—electroconvulsive therapy on 10 or
more occasions since consent
substitute
55J Offence—electroconvulsive therapy on 10 or
more occasions since electroconvulsive therapy order
17 Mental
health officersSection 119
(2)
omit
or social worker
insert
, occupational therapist or social worker
18 Dictionary,
definition of custodial order
omit
19 Dictionary,
definition of non-custodial order
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
© Australian Capital Territory
2007
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