Version No. 014
Mental Health Regulations 1998
S.R. No. 120/1998
Version incorporating amendments as at 19 December 2006
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1.Objective
2.Authorising provisions
3.Commencement
4.Definition
Part 2—Involuntary Patients
5. Initiation of involuntary treatment
6.Special warrant
6A.Involuntary treatment orders
Part 3—Patient's Rights
7.Statements to be provided to persons on becoming patients
7A.Treatment plans
8.Statements to be provided with respect to treatment
Part 4—Electroconvulsive Therapy
9.Application for licence to perform electroconvulsive therapy
10.Form of licence to perform electroconvulsive therapy
11.Form of application for renewal of licence
12.Form of application for amendment of licence
13.Form of monthly return by licence holder
Part 5—Register of Major Non-Psychiatric Treatment
14.Form of register of major non-psychiatric treatment
Part 6—Patient's Money
15.Limits on patient's trust accounts
Part 7—Community Support Services
16.Form of application for registration of community support service
Part 8—Community Visitors
17.Record of visits by community visitors
18.Manner of electing Community (Psychiatric Services) Visitors Board
Part 9—Miscellaneous
19.Release of patient information
20.Recommendation fee
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SCHEDULES
SCHEDULE 1—Form of Request for a Person to Receive Involuntary Treatment
SCHEDULE 2—Form of Recommendation for a Person to receive Involuntary Treatment
SCHEDULE 3
Form 1—Particulars of Use of Restraint
Form 2—Particulars of Use of Sedation
SCHEDULE 4—Form of Authority to Transport Involuntary Patient
SCHEDULE 5—Special warrant
SCHEDULE 6—Involuntary Treatment Order
SCHEDULE 7—Statement of Legal Rights and Entitlements and other Information—Involuntary Patient
SCHEDULE 8—Statement of Legal Rights and Entitlements and other Information—Restricted Involuntary Treatment Orders
SCHEDULE 9—Statement of Legal Rights and Entitlements and other Information—Security Patient
SCHEDULE 10—Statement of Legal Rights and Entitlements and other Information—Continuing Treatment Involuntary Patient (Section 12A–12D)
SCHEDULE 11—Statement of Legal Rights and Entitlements and Other Information—Forensic Patient
SCHEDULE 12—Statement of Legal Rights and Entitlements and other Information—Assessment Orders; Diagnosis, Assessment and Treatment Orders
SCHEDULE 13—Statement of Legal Rights and Entitlements and other Information—Forensic Patient (Remand and Interim Disposition Orders)
SCHEDULE 14—Statement of Legal Rights and Entitlements and otherInformation—Electroconvulsive Therapy
SCHEDULE 15—Statement of Legal Rights and Entitlements and otherInformation—Psychosurgery
SCHEDULE 16—Statement of Legal Rights and Entitlements and other Information—Major NonPsychiatric Treatment
SCHEDULE 17—Application for licence to permit the performance of electroconvulsive therapy
SCHEDULE 18—Licence authorising performance of electroconvulsivetherapy
SCHEDULE 19—Application for renewal of an electroconvulsive
therapy licence
SCHEDULE 20—Application for amendment of an electroconvulsive therapy licence
SCHEDULE 21—Electroconvulsive Therapy Return
SCHEDULE 22—Form of register of major non-psychiatric treatment
SCHEDULE 23—Application for registration of an association or organisation providing community support services
SCHEDULE 24—Record of visits by community visitors return for the month of
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 014
Mental Health Regulations 1998
S.R. No. 120/1998
Version incorporating amendments as at 19 December 2006
1
Mental Health Regulations 1998
S.R. No. 120/1998
Part 1—Preliminary
1.Objective
The objective of these Regulations is to prescribe forms, fees and other matters necessary or convenient to be prescribed for the purpose of giving effect to the Mental Health Act 1986.
2.Authorising provisions
These Regulations are made under sections 9, 11, 18, 43, 53, 53B, 75, 76, 77, 78, 80, 85, 91, 100, 114, 116, 120A, 127 and 142 of the Mental Health Act 1986.
3.Commencement
These Regulations come into operation on 29September 1998.
4.Definition
In these Regulations—
"the Act" means the Mental Health Act 1986.
______
Pt 2 (Heading) substitutedby S.R. No. 149/2004 reg.5(1).
Part 2—Involuntary Patients
Reg. 5 (Heading) insertedby S.R. No. 149/2004 reg.5(2).
5. Initiation of involuntary treatment
r. 5
Reg.5(1) substitutedby S.R. No. 149/2004 reg.5(3).
(1)For the purposes of section 9(1)(a) of the Act, a request to initiate involuntary treatment must be in the form of Schedule1.
(2)For the purposes of section 9(1)(b) of the Act, a recommendation by a registered medical practitioner must be in the form of Schedule 2.
Reg.5(3) amendedby S.R. No. 149/2004 reg.5(4).
(3)For the purposes of section 9B(4), 43(1A) and 53(1A) of the Act, the form of particulars of restraint or sedation must be—
(a)in the form of Form 1 or Form 2 of Schedule3 (as the case requires); and
(b)completed by—
(i)the person who administered the restraint, immediately the restraint ceases to be used;
(ii)the person who administers the sedation, immediately after that administration;
(iii)the person who authorised the administration, before the sedation is administered.
Reg.5(4) amendedby S.R. No. 149/2004 reg.5(5).
(4)For the purposes of section 9A(1)(c) of the Act, an authority to transport a person to an approved mental health service must be in the form of Schedule 4.
Reg.5(5) amendedby S.R. Nos45/2001 reg.4(a), 149/2004 reg.5(6), substituted by S.R. No. 127/2005 reg.3.
(5)For the purposes of the definition of "mental health practitioner" in section 7 of the Act, the prescribed class is those health service providers who are—
(a)either—
(i)registered nurses; or
(ii)psychologists registered under section 6 of the Psychologists Registration Act 2000; or
(iii)social workers; or
(iv)occupational therapists; and
(b)employed by a public sector mental health service within the meaning of section 120A of the Act that is an approved mental health service or a community mental health service; and
(c)engaged in the provision of acute psychiatric assessment and treatment functions in the community.
Reg.5(6) amendedby S.R. No. 149/2004 reg.5(6).
(6)For the purposes of the definition of "prescribed registered medical practitioner" in section 7 of the Act, a registered medical practitioner is of a prescribed class if the registered medical practitioner is—
(a)in general practice; or
r. 5
Reg. 5(6)(b) amendedby S.R. No. 149/2004 reg.5(7).
(b)the registered medical practitioner who recommended that the person receive involuntary treatment from an approved mental health service; or
(c)the head of the emergency department of a hospital; or
(d)employed as such in or by a psychiatric service within the meaning of section 106 of the Act; or
(e)a psychiatrist; or
(f)forensic physician.
Reg.5(7) amendedby S.R. No. 149/2004 reg.5(6).
(7)For the purposes of the definition of "prescribed person" in section 7 of the Act, the prescribed classes are—
(a)registered medical practitioners;
(b)registered nurses;
Reg. 5(7)(c) substituted by S.R. No. 45/2001 reg.4(b).
(c)psychologists registered under section 6 of the Psychologists Registration Act 2000;
(d)social workers;
(e)occupational therapists—
employed, appointed or engaged to provide care and treatment to persons with a mental disorder in an approved mental health service, a State child and adolescent psychiatry service, any premises licensed under section 75 of the Act, a hospital admitting or caring for persons with a mental disorder, a mental health service of a community health centre, a psychiatric outpatient clinic, or a community mental health service.
6.Special warrant
r. 6
For the purposes of section 11(3) of the Act, a special warrant must be in the form of Schedule 5.
Reg.6A insertedby S.R. No. 149/2004 reg.6.
6A.Involuntary treatment orders
For the purposes of sections 12 and 12AA of the Act, an involuntary treatment order must be in the form of Schedule 6.
r. 6A
______
Pt 3 (Heading) substituted by S.R. No. 39/2006 reg.4(1).
Part 3—Patient's Rights
Reg.7 substitutedby S.R. No. 157/2004 reg.4.
Reg.7 (Heading) substitutedby S.R. No. 174/2006 reg.4(1)
7.Statements to be provided to persons on becoming patients
r. 7
For the purposes of section 18(1) of the Act, the prescribed printed statement to be given to every person on becoming a patient must—
(a) in the case of a person subject to an involuntary treatment order, be in the form set out in Schedule 7;
Reg. 7(b) amendedby S.R. No. 174/2006 reg.4(2).
(b)in the case of a person subject to a restricted involuntary treatment order, be in the form set out in Schedule 8;
(c) in the case of a security patient, be in the form set out in Schedule 9;
(d) in the case of a continuing treatment involuntary patient, be in the form set out in Schedule 10;
Reg.7(e) amendedby S.R. No. 39/2006 reg.4(2).
(e)in the case of—
(i)a forensic patient subject to a supervision order; or
Reg.7(e)(ii) substitutedby S.R. No. 39/2006 reg.4(2).
(ii)a person detained in an approved mental health service under section 20BJ(1) or 20BM of the Crimes Act1914 of the Commonwealth—
be in the form set out in Schedule 11;
Reg.7(f) insertedby S.R. No. 39/2006 reg.4(2).
(f)in the case of a person subject to an assessment order, or a diagnosis, assessment and treatment order, be in the form set out in Schedule 12;
Reg.7(g) insertedby S.R. No. 39/2006 reg.4(2).
(g)in the case of a forensic patient subject to a remand or interim disposition order, be in the form set out in Schedule 13.
Reg.7A insertedby S.R. No. 39/2006 reg.5.
7A.Treatment plans
r. 7A
For the purposes of section 19A(6)(b) of the Act, the prescribed class is those health service providers who are—
(a)either—
(i)registered nurses; or
(ii)psychologists registered under section 6 of the Psychologists Registration Act 2000; or
(iii)social workers; or
(iv)occupational therapists; and
(b)employed by a public sector mental health service within the meaning of section 120A of the Act.
8.Statements to be provided with respect to treatment
For the purposes of section 53B(2) of the Act, the prescribed printed statement to be given to a person prior to that person giving his or her consent to the performance on him or her of treatment, must—
(a)in relation to a person upon whom it is proposed to perform electroconvulsive therapy, be in the form in Schedule 14;
(b)in relation to a person upon whom it is proposed to perform psychosurgery, be in the form in Schedule 15;
Reg.8(c) amendedby S.R. No. 157/2004 reg.5.
(c)in relation to a person upon whom it is proposed to perform a major non-psychiatric treatment, be in the form in Schedule 16.
r. 8
______
Part 4—Electroconvulsive Therapy
9.Application for licence to perform electroconvulsive therapy
r. 9
(1)For the purposes of section 75(3)(a) and (b) of the Act, an application for a licence to perform electroconvulsive therapy, must be in the form of Schedule 17.
Reg.9(2) amendedby S.R. Nos 111/2003 reg.4,
111/2005 reg.3.
(2)For the purposes of section 75(3)(c) of the Act, the prescribed fee is 754fee units.
10.Form of licence to perform electroconvulsive therapy
For the purpose of section 76(1)(b) of the Act, a licence to perform electroconvulsive therapy must be in the form of Schedule 18.
11.Form of application for renewal of licence
Reg.11(1) amendedby S.R. No. 149/2004 reg.7.
(1)For the purposes of section 77(2)(b) of the Act, an application for the renewal of a licence to perform electroconvulsive therapy must be in the form of Schedule 19.
Reg.11(2) amendedby S.R. Nos 111/2003 reg.5,
111/2005 reg.4.
(2)For the purposes of section 77(2)(c) of the Act, the prescribed fee is 754fee units.
12.Form of application for amendment of licence
For the purposes of section 78(2) of the Act, an application for amendment of a licence must be in the form of Schedule 20.
13.Form of monthly return by licence holder
r. 13
For the purposes of section 80 of the Act, a monthly return must be in the form of Schedule21.
______
Part 5—Register of Major Non-Psychiatric Treatment
14.Form of register of major non-psychiatric treatment
r. 14
For the purposes of section 85 of the Act, a register of major non-psychiatric treatment performed must be in the form of Schedule 22.
______
Part 6—Patient's Money
15.Limits on patient's trust accounts
r. 15
For the purposes of section 91(2) of the Act, the prescribed amount of money held in a Patients Trust Account which may not be exceeded is $5000.00.
______
Part 7—Community Support Services
16.Form of application for registration of community support service
r. 16
For the purposes section 100(1) of the Act, an application for the registration of an association or organisation which provides community support services must be in the form of Schedule 23.
______
Part 8—Community Visitors
17.Record of visits by community visitors
r. 17
For the purposes of section 114 of the Act, a record of visits by community visitors must be in the form of Schedule 24.
18.Manner of electing Community (Psychiatric Services) Visitors Board
For the purposes of section 116(2)(b) of the Act—
(a)the election of community visitors to the Community (Psychiatric Services) Visitors Board must be held annually;
(b)the procedure for the election is to be determined by the Public Advocate.
______
Part 9—Miscellaneous
19.Release of patient information
r. 19
For the purposes of section 120A(3)(ca) of the Act, the following classes of staff of a psychiatric service are prescribed—
(a)registered nurses;
Reg. 19(b) substituted by S.R. No. 45/2001 reg.4(c).
(b)psychologists registered under section 6 of the Psychologists Registration Act 2000;
(c)social workers;
(d)occupational therapists—
employed, appointed or engaged by the relevant psychiatric service.
20.Recommendation fee
For the purposes of section 127 of the Act, the prescribed recommendation fee that may be paid to a registered medical practitioner is $91.00.
______
SCHEDULES
Sch. 1 substitutedby S.R. No. 149/2004 reg.8, amended by S.R. No. 39/2006 reg.6.
Sch. 1
SCHEDULE 1
Form of Request for a Person to Receive Involuntary Treatment
Mental Health Act 1986
Section 9
Mental Health Regulations 1998
Regulation 5(1) Schedule 1
REQUEST
FOR PERSON TO RECEIVE INVOLUNTARY TREATMENT FROM
AN APPROVED MENTAL HEALTH SERVICE
TO THE *REGISTERED MEDICAL PRACTITIONER EMPLOYED BY AN APPROVED MENTAL HEALTH SERVICE/MENTAL HEALTH PRACTITIONER
Please make an involuntary treatment order for:
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
person who should be made subject to an
Involuntary Treatment Order
of:
address of person who should be made subject to an involuntary treatment order
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
person making the request
of:
address of person making the request
Signed: Date://
AUTHORISATION (Optional)
I authorise:
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of other
person authorised by the person making the request
of:
address of other person authorised by the person making the request
To take the abovenamed person to an appropriate approved mental health service.
OR
To arrange for a registered medical practitioner employed by an approved mental health service or amental health practitioner to assess the person.
(please cross one option only.)
Signed:Date: //
signature of person making the request
* delete as necessary
Sch. 1
______
Sch. 2 substitutedby S.R. No. 149/2004 reg.9, amended by S.R. No. 39/2006 reg.7.
SCHEDULE 2
Sch. 2
Form of Recommendation for a Person to receive Involuntary Treatment
Mental Health Act 1986
Section 9
Mental Health Regulations 1998
Regulation 5(2) Schedule 2
RECOMMENDATION
FOR PERSON TO RECEIVE INVOLUNTARY TREATMENT FROM AN APPROVED MENTAL HEALTH SERVICE
PART A
TO THE *REGISTERED MEDICAL PRACTITIONER EMPLOYED BY AN APPROVED MENTAL HEALTH SERVICE/MENTAL HEALTH PRACTITIONER
Please make an involuntary treatment order for:
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of person
who should be made subject to an involuntary
treatment order
of:
address of person who should be made subject to an involuntary treatment order
(1)I am a registered medical practitioner.
(2)I personally examined the abovenamed person:
on theday of20at*am/pm.
(3)It is my opinion that all the following criteria in section 8(1) of the Mental Health Act 1986 apply to the person:
(a)the person appears to be mentally ill (a person is mentally ill if he or she has a mental illness, being a medical condition that is characterised by a significant disturbance of thought, mood, perception or memory); and
(b)the person's mental illness requires immediate treatment and that treatment can be obtained by the person being subject to an involuntary treatment order; and
(c)because of the person's mental illness, involuntary treatment of the person is necessary for his or her health or safety (whether to prevent a deterioration in the person's physical or mental condition or otherwise) or for the protection of members of the public; and
(d)the person has refused or is unable to consent to the necessary treatment for the mental illness; and
(e)the person cannot receive adequate treatment for the mental illness in a manner less restrictive of his or her freedom of decision and action.
(4)I do not consider the person to be mentally ill by reason only of any one or more of the exclusion criteria listed in section 8(2) of the Mental Health Act 1986.
(5)I base my opinion on the following facts.
Facts personally observed by me on examination to support this recommendation:
Sch. 2
Facts communicated to me by another person to support this recommendation:
* delete as necessary
PART B
TO BE COMPLETED WHERE NO FACTS ARE PERSONALLY OBSERVED
(6)As no facts were personally observed by me to support this recommendation, the following facts were communicated directly to me *in person/in writing/by telephone/by electronic communication by:
Dr.
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
other registered medical practitioner
of:
address of other registered medical practitioner
doctor's telephone number:
who examined the person on the day of 20
(being a period not more than 28 days prior to today's date)
Facts communicated to me by other examining registered medical practitioner:
PART C
SIGNATURE
Sch. 2
(7)I consider that an involuntary treatment order should be made for the abovenamed person.
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
recommending registered medical practitioner
Signed: Date: / /
signature of recommending registered medical practitioner
Qualifications:
Address:
Telephone no:
* delete as necessary
______
Sch. 3 substitutedby S.R. No. 149/2004 reg.10.
SCHEDULE 3
Sch. 3
Sch. 3 Form 1 amended by S.R. No. 39/2006 reg.8.
Form 1—Particulars of Use of Restraint
Mental Health Act 1986
Section 9B
Mental Health Regulations 1998
Regulation 5(3) Schedule 3 Form 1
RESTRAINT
FOR THE PURPOSES OF SAFELY TRANSPORTING A PERSON TO AN APPROVED MENTAL HEALTH SERVICE
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
person restrained for safe transport
of:
address of person restrained for the purposes of safe transport
(1)I am a "prescribed person" within the meaning of section 7 of the Mental Health Act 1986—a "prescribed person" is a member of the police force, an ambulance officer or a:
Registered medical practitioner
Registered nurse
Registered psychologist
Social worker
Occupational therapist—
—employed, appointed or engaged to provide care and treatment to persons with a mental disorder in an approved mental health service, a State child and adolescent psychiatry service, any premises licensed under section 75 of the Act, a hospital admitting or caring for persons with a mental disorder, a mental health service of a community health centre, a psychiatric outpatient clinic or a community mental health service.
(2)The abovenamed person is:
subject to a request (Schedule 1) and recommendation (Schedule 2).
OR
Sch. 3
subject to a request (Schedule 1) and authority to transport (Schedule4).
OR
subject to an involuntary treatment order (Schedule 6) and is to be taken to an approved mental health service under section 12(6), section 12AA(7) or section 12AC(4)(b) of the Mental Health Act 1986.
Sch. 3
OR
a patient absent without leave from an approved mental health service.
(Please cross one option only.)
(3)I applied the following restraint/s to the abovenamed person to enable her/him to be taken safely to an approved mental health service:
(Specify the type of restraint applied and the reason, each time restraint is used.)
(a)Restraint: Reason applied:
Date: Time applied: *am/pmTime removed: *am/pm.
(b)Restraint: Reason applied:
Date: Time applied: *am/pmTime removed: *am/pm.
(c)Restraint: Reason applied:
Date: Time applied: *am/pmTime removed: *am/pm.
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of prescribed person
employed by:
* Victoria Police / Ambulance Service (MAS/RAV)/mental health service/ other (please specify)
of:
business address of prescribed person
Signed: Designation: Date: / /
* delete as necessary
______
Sch. 3 Form 2 amended by S.R. No. 39/2006 reg.8.
Form 2—Particulars of Use of Sedation
Mental Health Act 1986
Section 9B
Mental Health Regulations 1998
Regulation 5(3) Schedule 3 Form 2
SEDATION
FOR THE PURPOSES OF SAFELY TRANSPORTING A PERSON TO AN APPROVED MENTAL HEALTH SERVICE
GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
person sedated for safe transport
of:
address of person sedated for the purposes of safe transport
(1)I am a "prescribed registered medical practitioner" within the meaning of section7 of the Mental Health Act 1986.
(2)The abovenamed person is:
subject to a request (Schedule 1) and recommendation (Schedule 2).
OR
Sch. 3
subject to an involuntary treatment order (Schedule 6) and is to be taken to an approved mental health service under section 12(6), section 12AA(7) or section 12AC(4)(b) of the Mental Health Act 1986.