Section 41(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). If a patient who is detained under section 46 wishes to be removed to a prison or, as the case requires, a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014 to undergo the remainder of his or her sentence or otherwise to be dealt with according to law, the Director of Area Mental Health Services shall make the necessary arrangements as soon as practicable, unless an application is sooner made under section 8A for assessment of the patient. Schedule 1 clause 4(8): inserted, on 1 April 2000, by section 75(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). In section 45(4)(d), “medical practitioner” is modified to “mental health practitioner”. Every district inspector and official visitor has—, the powers, duties, and functions conferred or imposed on holders of those offices by this Act; and. Focus of reform under the Act. Section 127(5): amended, on 1 April 2000, by section 70(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). When you are detained, you have the right to appeal, and the right to get help from an independent advocate. If, at any time during the first period, the responsible clinician considers that a patient is fit to be released from compulsory status, the clinician must give a written notice to the patient and, if necessary, to the person in charge of the hospital directing that the patient be released from that status immediately. Wherever practicable, an assessment examination of a proposed patient who is under the age of 17 years shall be conducted by a psychiatrist practising in the field of child psychiatry. Section 36(2)(b): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). in any other manner wilfully obstructs or attempts to obstruct the district inspector or official visitor in the conduct of his or her official duties. Section 2A: inserted, on 1 April 2000, by section 3 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Every application to the Tribunal under this section shall be addressed to the convener of the Review Tribunal. Section 69: amended, on 1 April 2000, by section 39 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Legislation Act 2001, s 133). that in his or her opinion the patient is still unfit to stand trial and should continue to be subject to the order of detention as a special patient: in every case, the responsible clinician shall send a copy of the certificate of clinical review to—. Section 28(3): amended, on 1 April 2000, by section 21(1)(a) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The responsible clinician may direct that any letter or other postal article put out by a patient for posting be opened and checked if there are reasonable grounds for believing that the dispatch of the letter or other postal article could be detrimental to the interests of the patient and to his or her treatment. Every patient is entitled to the company of others, except as provided in subsection (2). The responsible clinician may from time to time extend any such period of leave for a further period not exceeding 3 months at any one time; but no patient shall be on leave under this section for a continuous period of more than 6 months. A constable called to the assistance of a duly authorised officer for the purposes described in section 38(4)(b) or (d) or section 40(2)—, may enter the premises where the person or proposed patient or patient is; and. A2001-14. Sections 11B to 11D of the Family Court Act 1980 apply to the publication of a report of any proceedings under this Act—. When the Director of Area Mental Health Services or a duly authorised officer receives notice of an application made under section 8A from the health practitioner who issued the certificate accompanying that application, the Director of Area Mental Health Services must make the necessary arrangements for the proposed patient to immediately undergo an assessment examination. Section 29(4): inserted, on 1 April 2000, by section 22(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 115A: inserted, on 1 April 2000, by section 65 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Every patient is entitled, at reasonable times and at reasonable intervals, to receive visitors and to make telephone calls, except where, in the opinion of the responsible clinician, such a visit or call would be detrimental to the interests of the patient and to his or her treatment. You can be kept there until the assessment is completed, for up to 24 hours. Schedule 1 clause 4(7): replaced, on 1 April 2000, by section 75(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). During these periods, assessments will be regularly carried out by the doctor in charge of your care to determine whether it's safe for you to be discharged and what further treatment is required, if any. A Review Tribunal shall have all such other functions as are conferred on it by this Act or any other enactment. there are exceptional circumstances justifying the court making an order in the absence of the patient. The Director-General of Health or the Director—, may give an absolute dispensation or a dispensation to such extent as the Director-General of Health or the Director thinks fit; and. It's also possible for a court to consider using the Mental Health Act in some circumstances, or for a transfer to a hospital to take place from prison. The powers conferred on the Minister by the foregoing provisions of this section may, with the concurrence of the Minister of the Crown who is responsible for the Department of Corrections in each case, be exercised in respect of any special patient. The responsible clinician shall send to the Director of Area Mental Health Services—, a copy of the certificate of further assessment; and, full particulars of the reasons for his or her opinion of the patient’s condition, and any relevant reports from other health professionals involved in the case; and. The responsible clinician may, with the approval of the Director of Area Mental Health Services, direct that any letter or other postal article addressed to a patient be opened and checked if there are reasonable grounds for believing that the receipt of the letter or other postal article by the patient could be detrimental to the interests of the patient and to his or her treatment. Section 122(4): repealed, on 1 April 2000, by section 67 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 122A: inserted, on 1 April 2000, by section 68 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). If the Director-General of Health or the Director specifies a form, it must be used. The Minister may recommend the making of an Order in Council under subsection (1)(b) only if the Minister is satisfied that it is unnecessary for the provisions specified in subsection (1) to remain in force because—, the effects of COVID-19 have diminished to such an extent that it is no longer necessary to rely on the changes made to the law by those provisions; or. An application is made under section 8A when the Director of Area Mental Health Services receives a filled out application form that complies with section 8A. A district inspector or an official visitor who visits any hospital or service must give a report on the visit to the Director of Area Mental Health Services within 14 days after the visit. Child & Youth Mental Health. Visit GOV.UK if you want to apply to the mental health tribunal. Mental Health Act 2007 s2012-432-30.d05 27 February 2013 Page 1 consultation draft Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Mental Health Act 2007. 24024 GOVERNMENT GAZETTE, 6 NOVEMBER 2002 Act No. Section 128(3): amended, on 1 October 1995, by section 10(3) of the Department of Justice (Restructuring) Act 1995 (1995 No 39). Section 76(9): replaced, on 1 April 2000, by section 40(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). a health practitioner is asked, by an applicant, to issue a certificate to accompany the application form; or. If the responsible clinician is of the opinion that the patient is fit to be released from compulsory status, that clinician shall direct that the patient be released from that status forthwith (but without prejudice to the making of a further application under section 8A in respect of the patient at some time in the future). For the purposes of subsection (2), it is a question of law whether the facts of which there is evidence do or do not constitute culpable ignorance or negligence in a person’s so believing the notice or order to be good in law. it is practicable to provide the services of an interpreter. A relative or friend named in the appropriate register, or the person who made the last payment on account of the patient, shall be informed of the death as soon as practicable after it occurs. Section 26 and 29 These sections deal with the nearest relative. a statement of the right of the person receiving the documents to appear before the court and be heard in respect of the application. The district inspector or the official visitor may sign any such registers, records, and books under the last entry. If it appears to the Minister that it would be for the benefit of any patient who is subject to a compulsory treatment order that he or she be removed to any place outside New Zealand, whether by reason of the fact that the patient has a relative or friend in that place who is willing to undertake the care and charge of the patient or for any other reason, the Minister may by warrant authorise and direct the removal of the patient accordingly, and make such order as the Minister thinks fit concerning the patient’s custody pending his or her removal. At the conclusion of any such review, the responsible clinician shall record his or her findings in a certificate of clinical review in the prescribed form, stating—. A direction given under subsection (1) or an arrangement made under subsection (3) shall be sufficient authority for the transfer of the patient and for his or her reception into the hospital or service to which it is directed or arranged that the patient be transferred. To avoid doubt, an examination may not be carried out under this section by audio link. Section 10(1)(b): replaced, on 1 April 2000, by section 10(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Every patient is entitled to be kept informed of his or her rights as a patient, and, in particular,—, of his or her legal status as a patient; and, of his or her right, at any time during the first period of assessment and treatment or the second period of assessment and treatment, to have his or her condition reviewed by a Judge under section 16; and, of his or her right, while detained in a hospital, to have his or her condition reviewed from time to time by the Review Tribunal in accordance with section 79 or section 80; and, of his or her right to appeal under section 83 where the Review Tribunal decides under section 79 that he or she is not fit to be released from compulsory status; and, of his or her right to seek a judicial inquiry under section 84; and, of all orders made by a court or the Review Tribunal in respect of his or her case; and. That in his or her condition are conferred on the ward use of the person is retaken to. 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