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Mental Health Decree 2010

Fiji Government Country Resources Child and Youth General Policies, Laws, Strategies & Plans, Service Standards disability, Mental Health Legislation, Regulations and Implementation Guides Fiji 15 October 2010 Legislation/regulation Accessibility, advanced directives, child and adolescent, child and adolescent mental health, competency, consent, convicted, guardian, inpatient, involuntary admission, legal capacity, mental health promotion, outpatient, residential care, seclusion, severe mental illness

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Fiji Mental Health Decree (Decree no. 54 of 2010).

Part I: Preliminary
1. Short title, commencement and application
2. Interpretation
3. Persons not be regarded as having mental disorder
4. Principles of the Decree
5. Objectives of the Decree
6. Responsibilities on dealing with mental health issues
7. Anti-discrimination

Part 2: Administration
8. Declaration of mental health facilities
9. Private mental health facilities
10. National Advisory Council on Mental Health
11. Functions of the Advisory Council
12. Terms and conditions of membership
13. National mental Health Advisor
14. Authorised health care professionals
15. Medical directors

Part III: Voluntary Admission and Assessment
16. Principles for voluntary care, treatment and support
17. Voluntary admissions
18. Voluntary assessment
19. Discharge of voluntary patients
20. Detention of voluntary patients
21. Review of voluntary patients
22. Review of decision to refuse or discharge voluntary patients

Part IV: Detention and Involuntary Assessment
23. When detention is permissible
24.Detention on recommendation of medical practitioner
25. Detention after intervention of a police officer
26. Detention after intervention of an ambulance officer
27. Detention on order of a court
28. Detention after transfer from another health facility
29. Assistance by police officers
30. Assistance by ambulance officers
31. Detainee to be assessed
32. Involuntary assessment
33. Action following involuntary assessment

Part V: Principles for Care and Treatment
34. Principles for care, treatment and support
35. Right to be given order statement and explanation of rights
36. Offence to ill-treated patients
37. Seclusion and restraint
38. Assistance of interpreters
39. Confidentiality
40. Access to records

41. Primary carers
42. Nomination of primary carers
43. Information about medication
44. Information to be given to detained persons
45. Notification to detained persons of certain events
46. Notification to primary carers of events affecting detained persons

Movement of Patients:
47. Discharge and other planning
48. Transfer of patients to or from mental health facilities
49. Persons authorised to transport patients
50. Powers of person transporting or assisting in transport of patients

Control of Treatment and Drug Use:
51. Treatment may be given to patients
52. Prohibited treatments
53. Administration of excessive or inappropriate drugs
54. Review of drug use in mental health facilities

Advance Directives:
55. Right to make advance directives
56. Advance directives: Supplementary

Part VI: Types of Treatment
Community Treatment:
57. Community treatment orders
58. Issues, etc. of community treatment orders
59. Compliance with community treatment orders
60. Review of community treatment orders

Inpatient Treatment:
61. Making of inpatient treatment orders
62. Terms of an inpatient treatment order
63. Reception notices
64. Treatment team
65. Variation and renewal of inpatient treatment orders
66. Revocation of inpatient treatment orders
67. Compliance with inpatient treatment orders
68. Leave of absence for inpatients
69. Return of inpatients to mental health facility
70. Offences concerning removal of inpatients
71. Review of inpatient treatment orders

Administration of ECT:
72. Administration of ECT
73. Informed Consent requirements for ECT
74. Medical certificate requirements for ECt
75. ECT inquiries
76. ECT register

Surgery and Other Treatment
77. Requirement for informed consent to surgery or other treatment
78. Emergency surgery for involuntary patients
79. Non-emergency surgery for involuntary patients
80. Review Board may authorise surgery
81. Special medical treatment
82. Review Board may authorise special medical treatment

Part VII: Children and Young Adult Persons
83. Treatment, accommodation and rights of children and young persons
84. Informed consent of primary carer of a child

Part VIII: Persons in Custody and Prisoners
85. Application of Decree to persons in custody and prisoners
86. Rights of persons in custody and prisoners
87. Secure units for treatment of prisoners
88. Inquiry into mental health status of prisoner
89. Transfer of prisoners on order of Review Board
90. Procedure on transfer of prisoners
91. Internal review of mental health status of prisoners
92. Recovery of prisoners with a mental health disorder
93. Prisoners who abscond from mental health facilities
94. Expiry of term of imprisonment of prisoner with a mental disorder

Part IX: Review Mechanisms:
Mental Health Review Board:
95. Establishment of the Mental Health Review Board
96. Terms and conditions of membership of the Review Board
97. Functions of the Review Board
98. Applications for review
99. Powers of the Review Board
100. Procedure of the Review Board

Board of mental Health Visitors:
101. Board of Mental Health Visitors
102. Functions of Board of Mental Health Visitors
103. Visits by Board of mental health visitors
104. Complaints to board or mental health visitors
105. Reports by Board or mental health visitors
106. Inpatients' letters to Board or mental health visitors
10.7. Internal mental health inquiries

Part X: Management of Estate and Affairs of Persons with Mental Health Disorders
108. Management orders
109. Powers and duties of manager
110. Restriction on powers of person subject to a management order
111. Review of management orders
112. Manager may apply to Court for directions and further powers
113. Exercise of Court's powers under this part

Part XI: Miscellaneous Provisions:
114. International transfers
115. Visits by persons other than mental health visitors
116. Segregation of male and female patients
117. Mental health registers
118. delegation
119. Regulations and Orders
120. Forms
121. Repeal and savings
122. Consequential amendments
123. Transitional provisions


Fiji Mental Health Decree 2010
English, 2.5 MB pdf

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