Mental Health Regulations 1999

Mental Health Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Mental Health Act 1996 .

27 October 1999

G. S. M. GREEN

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Health and Human Services

1.   Short title

These regulations may be cited as the Mental Health Regulations 1999 .

2.   Commencement

These regulations take effect on 1 November 1999.

3.   Interpretation

In these regulations –

Act means the Mental Health Act 1996 ;

repealed Act means the Mental Health Act 1963 .

4.   Approved medical practitioners

A medical practitioner appointed under section 10 of the repealed Act as an approved medical practitioner is taken to be an approved medical practitioner for the purposes of the Act.

5.   Authorised officers

For the purposes of section 13 of the Act, a person who is included in the following classes of persons is an authorised officer:

(a) a police officer of the rank of sergeant or above;

(b) a police officer who is in charge of a police station.

6.   Form of application to review

An application to review under section 52(4) of the Act –

(a) is to be in a form approved by the President; and

(b) if not made by the patient, is to indicate the relationship between the applicant and the patient; and

(c) is to be accompanied by such additional information as the President requires; and

(d) if the applicant seeks the issue of a summons under section 59 of the Act, is to be accompanied by an application in accordance with regulation 7 .

7.   Form of application for summons to witness

An application for a summons to witness under section 59(1) of the Act –

(a) is to be in a form approved by the President; and

(b) is to be accompanied by such additional information relating to the form as the President requires.

8.   Form of notification to Tribunal

A notification under section 70 (1), (2), (3), (4) or (5) or 72 of the Act –

(a) is to be in a form approved by the President; and

(b) is to be accompanied by such additional information relating to the form as the President requires.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 October 1999

These regulations are administered in the Department of Health and Human Services.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations make provision in respect of –

(a) approved medical practitioners; and

(b) approved hospitals; and

(c) authorised officers; and

(d) certain forms.