Mental Health Regulations 2009

Mental Health Regulations 2009

I, the Lieutenant-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 .

E. C. CRAWFORD

Lieutenant-Governor

By His Excellency's Command,

LARA GIDDINGS

Minister for Health

1.   Short title

These regulations may be cited as the Mental Health Regulations 2009 .

2.   Commencement

These regulations take effect on 29 October 2009.

3.   Interpretation

In these regulations –

Act means the Mental Health Act 1996 ;

commencement day means the day on which these regulations take effect;

superseded regulations means the Mental Health Regulations 1999 .

4.   Approved medical practitioners

A person who, immediately before the commencement day, was taken to be an approved medical practitioner for the purposes of the Act by virtue of regulation 4 of the superseded regulations is taken to retain that status.

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 is to –

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

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

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

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

7.   Form of application for summons

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

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

(b) be accompanied by such additional information 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 is to –

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

(b) be accompanied by such additional information as the President requires.

9.   Corresponding laws

Pursuant to the definition of "corresponding law" in section 83A of the Act, the following laws are prescribed as corresponding laws for the purposes of Division 2 of Part 12 of the Act:

(a) the Mental Health Act 2007 of New South Wales;

(b) the Mental Health Act 1986 of Victoria;

(c) the Mental Health Act 2000 of Queensland;

(d) the Mental Health and Related Services Act of the Northern Territory;

(e) the Mental Health (Treatment and Care) Act 1994 of the Australian Capital Territory.

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

Notified in the Gazette on 7 October 2009

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

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) prescribe some administrative, procedural and other matters for the purposes of the Mental Health Act 1996 ; and

(b) are made consequentially on the repeal of the Mental Health Regulations 1999 under section 11 of the Subordinate Legislation Act 1992 .