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Mental Health Amendment Act 2020

ACT Government, Health Directorate Country Resources Mental Health Legislation, Regulations and Implementation Guides Australian Capital Territory August 2020 Legislation/regulation mental health care, mental health service, mental health system

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Description

This Amendment Bill seeks to introduce amendments to pressing issues that can be remedied in a short time frame. The remaining possible legislative amendments will be considered in a second tranche of work scheduled to commence development and consultation in late 2020. The following amendments have been identified:
a. Amend section 77 of the Act to provide clarity in the circumstances that a contravention notice is in force but the patient consents to treatment
b. Amend section 80 of the Act to include as a criterion for emergency apprehension that the person has not agreed to treatment and include a review provision for a decision made under this section and provide a review power for the ACT Administrative and Civil Tribunal (ACAT)
c. Expand the definition of forensic patient in section 127, and any consequential amendments including to sections 56,134,180,182,188 and 190 to include people who are within the ACAT mental health jurisdiction through a criminal justice pathway
d. Include a new section requiring a further review of the mental health order provisions of the Act in five years and provisions added or amended by this [Act]
e. Include provision for the Chief Psychiatrist to issue guidelines.

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