Mental Health Regulations 1998

Version No. 012

Mental Health Regulations 1998

S.R. No. 120/1998

Version incorporating amendments as at 11 October 2005

table of provisions

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—Statements of Patient's Rights

7.Statements to be provided on admission to approved mental health services

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

______

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—Particulars of Use of Restraint or Sedation

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—Hospital Order Patient

SCHEDULE 9—Statement of Legal Rights and Entitlements and other Information—Security Patient

SCHEDULE 10—Statement of rights—continuing treatment involuntarypatient

SCHEDULE 11—Statement of Legal Rights and Entitlements and otherInformation—Forensic Patient

SCHEDULES 12, 13—Revoked79

SCHEDULE 14—Statement of Legal Rights and Entitlements and otherInformation—Electroconvulsive Therapy

SCHEDULE 15—Statement of rights—psychosurgery

SCHEDULE 16—Statement of Legal Rights and Entitlements and otherInformation—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 themonth of

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ENDNOTES

1. General Information

2. Table of Amendments

3. Explanatory Details

Version No. 012

Mental Health Regulations 1998

S.R. No. 120/1998

Version incorporating amendments as at 11 October 2005

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

______

Part 3—Statements of Patient's Rights

Reg.7 substitutedby S.R. No. 157/2004 reg.4.

7.Statements to be provided on admission to approved mental health services

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;

(b)in the case of a person subject to a hospital order, be in the form set out in Schedule 8;

(d) in the case of a continuing treatment involuntary patient, be in the form set out in Schedule 10;

(e)in the case of—

(i)a forensic patient subject to a supervision order; or

(ii)a person detained in an approved mental health service under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth—

be in the form set out in Schedule 11.

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;

r. 8

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.

______

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 754fee 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 754fee 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.

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 *ADMITTING REGISTERED MEDICAL PRACTITIONER/ 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.

To arrange for a mental 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.

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 *ADMITTING REGISTERED MEDICAL PRACTITIONER/ 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

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).

Sch. 3

subject to a request (Schedule 1) and authority to transport (Schedule4).

subject to an involuntary treatment order (Schedule 6) and is to be taken to an approved mental health service under section 12(6) or section 12AC(4)(b) of the Mental Health Act 1986.

Sch. 3

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

______

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).

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) or section 12AC(4)(b) of the Mental Health Act 1986.

a patient absent without leave from an approved mental health service.

(Please cross  one option only.)

(3)The person has refused or is unable to consent to sedation. I consider that it is necessary to sedate the person so that the person can be taken safely to an approved mental health service. The reasons for my decision are:

(4)The following sedation is to be administered to the person:

Drug: Dose:

Route (IM, IV, Oral): Frequency:

(5)I administered the sedation myself at the following time/s: *am/pm

I direct the following "authorised person" to administer the sedation in the prescribed form:

(Please cross  one option only.)

Sch. 3

GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
authorised person

GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
prescribed registered medical practitioner

of:

address of prescribed registered medical practitioner

Signed: Qualifications: Date: / /

TO BE COMPLETED AS NECESSARY BY AUTHORISED PERSON

(1)I am an "authorised person" within the meaning of section 7 of the Mental Health Act 1986—an "authorised person" is a registered medical practitioner or a registered nurse.

(2)I administered the following sedation as prescribed by the abovenamed medical practitioner:

Drug: Dose:

Route (IM, IV, Oral): Time (1): *am/pm Time (2): *am/pm

GIVEN NAME/SFAMILY NAME (BLOCK LETTERS) of
authorised person

of:

address of authorised person

Signed: Qualifications: Date: / /

* delete as necessary

______

Sch. 4 substitutedby S.R. No. 149/2004 reg.11.

SCHEDULE 4

Sch. 4

Form of Authority to Transport Involuntary Patient

Mental Health Act 1986