Version No. 003
Mental Health Regulations 2008
S.R. No. 111/2008
Version incorporating amendments as at
3 April 2013
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
1
Objective
Authorising provision
Commencement and revocation
Definition
PART 2—INVOLUNTARY PATIENTS
5
6
7
8
Prescribed definitions
Initiation of involuntary treatment
Special warrant
Involuntary treatment orders
PART 3—PATIENT'S RIGHTS
9
10
11
Statements to be provided to persons on becoming patients
Treatment plans
Statements to be provided with respect to treatment
Application for licence to perform electroconvulsive therapy
Licence to perform electroconvulsive therapy
Application for renewal of licence
Application for amendment of licence
Monthly return by licence holder
PART 5—REGISTER OF MAJOR NON-PSYCHIATRIC
TREATMENT
17
Register of major non-psychiatric treatment
PART 6—PATIENT'S MONEY
18
3
3
5
5
6
7
PART 4—ELECTROCONVULSIVE THERAPY
12
13
14
15
16
1
1
1
2
7
8
8
9
9
9
9
9
9
12
12
13
Limits on Patients Trust Account
i
13
Regulation
Page
PART 7—COMMUNITY VISITORS
14
Division 1—Record of visits by community visitors
14
19
Prescribed particulars for record of visits
Division 2—Election of community visitors to the Community
(Psychiatric Services) Visitors Board
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
When elections must be held
Returning officer appointed
Notice of an election
Information in notice
Nomination and polling days
Method of nominating
Form of nomination paper
Withdrawal of nomination
Contested election
Order of names on ballot paper
Distribution of ballot papers
Candidate's personal statement
Method of voting
Manner of lodging vote
Receipt of reply paid return envelopes
Invalid votes
Method of counting votes and declaration of result
Recounts
Disputes
Notification of the election results
Custody and destruction of election papers
Division 3—Casual vacancies
41
42
14
14
14
15
15
15
16
16
17
17
17
18
18
19
19
19
20
20
21
21
21
21
21
Method for filling casual vacancies
Transitional provisions for the Community (Psychiatric
Services) Visitors Board
PART 8—MISCELLANEOUS
43
44
14
21
23
26
Release of patient information
Recommendation fee
__________________
26
26
SCHEDULES
27
SCHEDULE 1—Form of Request for a Person to Receive Involuntary
Treatment
27
SCHEDULE 2—Form of Recommendation for a Person to receive
Involuntary Treatment
29
SCHEDULE 3—Form of Authority to Transport Involuntary Patient
32
ii
Regulation
Page
SCHEDULE 4
34
Form 1—Particulars of Use of Restraint
34
Form 2—Particulars of Use of Sedation
36
SCHEDULE 5—Special warrant
38
SCHEDULE 6—Involuntary Treatment Order
39
SCHEDULE 7—Statement of Legal Rights and Entitlements and
other Information—Involuntary Patient
40
SCHEDULE 8—Statement of Legal Rights and Entitlements and
other Information—Restricted Involuntary Treatment
Orders
53
SCHEDULE 9—Statement of Legal Rights and Entitlements and
other Information—Security Patient
66
SCHEDULE 10—Statement of Legal Rights and Entitlements and
other Information—Continuing Treatment
Involuntary Patient (Section 12A–12D)
78
SCHEDULE 11—Statement of Legal Rights and Entitlements and
other Information—Forensic Patient
89
SCHEDULE 12—Statement of Legal Rights and Entitlements and
other Information—Assessment Orders; Diagnosis,
Assessment and Treatment Orders
104
SCHEDULE 13—Statement of Legal Rights and Entitlements and
other Information—Forensic Patient (Remand and
Interim Disposition Orders)
115
SCHEDULE 14—Statement of Legal Rights and Entitlements and
other Information—Electroconvulsive Therapy
127
SCHEDULE 15—Statement of Legal Rights and Entitlements and
other Information—Psychosurgery
133
SCHEDULE 16—Statement of Legal Rights and Entitlements and
other Information—Major Non-Psychiatric
Treatment
141
SCHEDULE 17—Application for Licence to Permit the Performance
of Electroconvulsive Therapy
148
SCHEDULE 18—Licence Authorising Performance of
Electroconvulsive Therapy
149
iii
Regulation
Page
SCHEDULE 19—Application for Renewal of an Electroconvulsive
Therapy Licence
150
SCHEDULE 20—Application for Amendment of an Electroconvulsive
Therapy Licence
151
SCHEDULE 21—Form of Register of Major Non-Psychiatric
Treatment
152
SCHEDULE 22—Record of Visits by Community Visitors Return for
the Month of
153
═══════════════
ENDNOTES
154
1. General Information
154
2. Table of Amendments
155
3. Explanatory Details
156
iv
Version No. 003
Mental Health Regulations 2008
S.R. No. 111/2008
Version incorporating amendments as at
3 April 2013
PART 1—PRELIMINARY
1 Objective
The objective of these Regulations is to prescribe
forms, fees and other matters necessary to be
prescribed for the purpose of giving effect to the
Mental Health Act 1986.
2 Authorising provision
These Regulations are made under section 142 of
the Mental Health Act 1986.
3 Commencement and revocation
(1) These Regulations come into operation on
21 September 2008.
(2) The following Regulations are revoked—
(a) the Mental Health Regulations 19981;
(b) the Mental Health (Amendment) Regulations
20012;
(c) the Mental Health (Fees) Regulations 20033;
(d) the Mental Health (Forms) Regulations
20044;
(e) the Mental Health (Statements) Regulations
20045;
(f) the Mental Health (Fees) Regulations 20056;
(g) the Mental Health (Amendment) Regulations
20057;
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Part 1—Preliminary
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(h) the Mental Health (Forms and Patient's
Rights) Regulations 20068;
(i) the Mental Health (Patient's Rights)
Regulations 20069.
4 Definition
In these Regulations—
Reg. 4 def. of
registered
psychologist
inserted by
S.R. No.
81/2010 reg. 4.
registered psychologist means a person registered
under the Health Practitioner Regulation
National Law to practise in the psychology
profession (other than as a student);
the Act means the Mental Health Act 1986.
__________________
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PART 2—INVOLUNTARY PATIENTS
5 Prescribed definitions
(1) For the purposes of the definition of mental
health practitioner in section 7 of the Act, the
prescribed class for the purposes of Part 3 of the
Act is those health service providers who are
employed by a public sector mental health service
(within the meaning of section 120A of the Act)
that is an approved mental health service or a
community mental health service and are engaged
in the provision of acute psychiatric assessment
and treatment functions in the community and
are—
(a) registered nurses; or
(b) registered psychologists; or
Reg. 5(1)(b)
substituted by
S.R. No.
81/2010
reg. 5(a).
(c) social workers; or
(d) occupational therapists.
(2) For the purposes of the definition of prescribed
person in section 7 of the Act, the prescribed
classes for the purposes of Part 3 of the Act are—
(a) registered medical practitioners;
(b) registered nurses;
(c) registered psychologists;
(d) social workers;
3
Reg. 5(2)(c)
substituted by
S.R. No.
81/2010
reg. 5(b).
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(e) occupational therapists—
employed, appointed or engaged to provide care
and treatment to persons with a mental disorder
in—
(f) an approved mental health service; or
(g) a child and adolescent psychiatry service; or
(h) a premises licensed under section 75 of the
Act; or
(i) a hospital admitting or caring for persons
with a mental disorder; or
(j) a mental health service of a community
health centre; or
(k) a psychiatric outpatient clinic; or
(l) a community mental health service.
(3) For the purposes of the definition of prescribed
registered medical practitioner in section 7 of the
Act, a registered medical practitioner is of a
prescribed class for the purposes of Part 3 of the
Act if the registered medical practitioner is—
(a) in general practice; or
(b) the registered medical practitioner who
recommended that the person receive
involuntary treatment from an approved
mental health service; or
(c) the head of the emergency department of a
hospital; or
(d) employed as a registered medical practitioner
by a psychiatric service within the meaning
of section 106 of the Act; or
(e) a psychiatrist; or
(f) a forensic physician.
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6 Initiation of involuntary treatment
(1) For the purposes of section 9(1)(a) of the Act, the
prescribed form of a request to initiate involuntary
treatment is the form set out in Schedule 1.
(2) For the purposes of section 9(1)(b) of the Act, the
prescribed form of a recommendation by a
registered medical practitioner is the form set out
in Schedule 2.
(3) For the purposes of section 9A(1)(c) of the Act,
the prescribed form of an authority to transport a
person to an approved mental health service is the
form set out in Schedule 3.
(4) For the purposes of section 9B(4) of the Act, the
form of particulars of restraint or sedation—
(a) is Form 1 or Form 2 in Schedule 4 (as the
case requires); and
(b) must be completed by—
(i) the person who used the restraint,
immediately after the restraint ceases to
be used; or
(ii) the person who administered the
sedation, immediately after that
administration; or
(iii) the person who authorised the
administration of the sedation, before
the sedation is administered.
7 Special warrant
For the purposes of section 11(3) of the Act, the
prescribed form of a special warrant is the form
set out in Schedule 5.
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8 Involuntary treatment orders
For the purposes of sections 12(4) and 12AA(3) of
the Act, the prescribed form of an involuntary
treatment order is the form set out in Schedule 6.
__________________
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PART 3—PATIENT'S RIGHTS
9 Statements to be provided to persons on becoming
patients
For the purposes of section 18(1) of the Act, the
prescribed printed statement to be given to every
person on becoming a patient—
(a) in the case of a person subject to an
involuntary treatment order, is the form set
out in Schedule 7;
(b) in the case of a person subject to a restricted
involuntary treatment order, is the form set
out in Schedule 8;
(c) in the case of a security patient, is the form
set out in Schedule 9;
(d) in the case of a person who is detained in an
approved mental health service under section
12A(4) or 12C(1) of the Act, is the form set
out in Schedule 10;
(e) is the form set out in Schedule 11 in the case
of—
(i) a forensic patient subject to a
supervision order made under the
Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997; or
(ii) a person detained in an approved
mental health service under section
20BJ(1) or 20BM of the Crimes
Act 1914 of the Commonwealth;
(f) in the case of a person subject to an
assessment order or a diagnosis, assessment
and treatment order, is the form set out in
Schedule 12;
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(g) in the case of a person subject to a remand
order made under the Crimes (Mental
Impairment and Unfitness to be Tried)
Act 1997 or a person deemed to be a forensic
patient by section 73E(4) and 73K(8) of that
Act, is the form set out in Schedule 13.
10 Treatment plans
For the purposes of section 19A(6)(b) of the Act,
the prescribed class is those health service
providers who are employed by a public sector
mental health service within the meaning of
section 120A of the Act and are—
(a) registered nurses; or
Reg. 10(b)
substituted by
S.R. No.
81/2010 reg. 6.
(b) registered psychologists; or
(c) social workers; or
(d) occupational therapists.
11 Statements to be provided with respect to treatment
For the purposes of section 53B(2) of the Act, the
prescribed printed statement to be given to a
person before that person gives his or her consent
to the performance on him or her of treatment—
(a) if it is proposed to perform electroconvulsive
therapy on the person, is the form set out in
Schedule 14;
(b) if it is proposed to perform psychosurgery on
the person, is the form set out in
Schedule 15;
(c) if it is proposed to perform a major nonpsychiatric treatment on the person, is the
form set out in Schedule 16.
__________________
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PART 4—ELECTROCONVULSIVE THERAPY
12 Application for licence to perform electroconvulsive
therapy
(1) For the purposes of section 75(3)(b) of the Act,
the prescribed particulars are the particulars set
out in the form in Schedule 17.
(2) For the purposes of section 75(3)(c) of the Act,
the prescribed fee is 754 fee units.
13 Licence to perform electroconvulsive therapy
For the purpose of section 76(1)(b) of the Act, the
prescribed particulars are the particulars set out in
the form in Schedule 18.
14 Application for renewal of licence
(1) For the purposes of section 77(2)(b) of the Act,
the prescribed particulars are the particulars set
out in the form in Schedule 19.
(2) For the purposes of section 77(2)(c) of the Act,
the prescribed fee is 754 fee units.
15 Application for amendment of licence
For the purposes of section 78(3) of the Act, the
prescribed particulars are the particulars set out in
the form in Schedule 20.
16 Monthly return by licence holder
For the purposes of section 80 of the Act, the
prescribed details in relation to each occasion
when electroconvulsive therapy is performed
are—
(a) the date on which the treatment was
performed;
(b) the name of the registered medical
practitioner who performed the treatment;
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(c) the Mental Health Statewide Patient Number
or Private Hospital Unit Record Number of
the person on whom electroconvulsive
therapy was performed;
(d) the sex, date of birth and country of birth of
the person on whom electroconvulsive
therapy was performed;
(e) whether the person on whom
electroconvulsive therapy was performed
was an inpatient or outpatient when the
treatment was performed;
(f) at the time treatment was performed, whether
the person on whom electroconvulsive
therapy was performed was—
(i) a forensic patient; or
(ii) an involuntary patient; or
(iii) a security patient;
(g) if the person on whom electroconvulsive
therapy was performed was a forensic
patient, involuntary patient or security
patient, the Act under which the patient was
detained or given treatment;
(h) if the person on whom electroconvulsive
therapy was performed was referred for
electroconvulsive therapy by an approved
mental health service, a private hospital or a
registered medical practitioner, the name of
the approved mental health service, private
hospital or registered medical practitioner
who provided the referral;
(i) the principal diagnosis of the person on
whom electroconvulsive therapy was
performed that was treated by performing
that therapy;
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(j) whether the person on whom
electroconvulsive therapy was performed
gave informed consent to that therapy or an
authorised psychiatrist authorised the
performance of that therapy;
(k) the phase of the treatment, namely acute or
maintenance, of the person on whom
electroconvulsive therapy was performed;
(l) the type of treatment performed on the
person, namely unilateral, bifrontal or
bitemporal;
(m) the name of the licence holder;
(n) the date on which the return was completed;
(o) the name of the natural person who
completed the document on behalf of the
licence holder.
__________________
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Part 5—Register of Major Non-Psychiatric Treatment
r. 17
PART 5—REGISTER OF MAJOR NON-PSYCHIATRIC
TREATMENT
17 Register of major non-psychiatric treatment
For the purposes of section 85 of the Act, the
prescribed details are the details set out in the
form in Schedule 21.
__________________
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Part 6—Patient's Money
r. 18
PART 6—PATIENT'S MONEY
18 Limits on Patients Trust Account
For the purposes of section 91(2) of the Act, the
prescribed amount of money held in a Patients
Trust Account which may not be exceeded is
$5000.
__________________
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Part 7—Community Visitors
r. 19
PART 7—COMMUNITY VISITORS
Division 1—Record of visits by community visitors
19 Prescribed particulars for record of visits
For the purposes of section 114 of the Act, the
prescribed particulars are the particulars set out in
the form in Schedule 22.
Division 2—Election of community visitors to the
Community (Psychiatric Services) Visitors Board
20 When elections must be held
(1) For the purposes of section 116(2)(b) of the Act,
elections must be—
(a) held before 30 June in each year; and
(b) conducted in accordance with this Division
and Division 3 of this Part.
(2) The office of one community visitor elected to the
Community (Psychiatric Services) Visitors Board
falls vacant each year.
(3) A community visitor elected to the Community
(Psychiatric Services) Visitors Board holds office
from 1 July of the year that he or she was elected
for a period of 2 years unless—
(a) the community visitor resigns; or
(b) the office of the community visitor becomes
vacant before the end of that period.
21 Returning officer appointed
The Public Advocate must appoint a returning
officer—
(a) to conduct elections of members to the
Community (Psychiatric Services) Visitors
Board;
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(b) to ensure that a list of names and addresses
of community visitors is kept and
maintained;
(c) to fix the dates for nomination day and
polling day;
(d) to determine questions relating to the validity
or regularity of votes.
22 Notice of an election
(1) The returning officer must give notice of an
election in accordance with subregulation (2) not
later than 1 April in each year.
(2) Notice of the election must be given by sending a
copy of the notice to the postal address of each
community visitor on the list of community
visitors provided to the returning officer by the
Public Advocate.
23 Information in notice
The notice of an election must specify—
(a) the nomination day, on or before which
nomination of candidates for election must
be lodged;
(b) the place where nominations must be lodged;
(c) the polling day.
24 Nomination and polling days
(1) The nomination day must be on or before 1 May
in each year.
(2) The polling day must be—
(a) on or before 1 June in each year; and
(b) at least 21 days after the nomination day.
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25 Method of nominating
(1) A community visitor who intends to be a
candidate at an election must lodge, or cause to be
lodged, a nomination paper with the returning
officer not later than 12 noon on the nomination
day.
(2) A nomination paper may be lodged—
(a) in person; or
(b) by sending the paper by post; or
(c) by sending a copy of the paper by facsimile
or by other electronic transmission.
(3) The returning officer must give a receipt for a
nomination to any candidate—
(a) whose nomination paper is lodged no later
than 12 noon on the nomination day; and
(b) who requests a receipt.
26 Form of nomination paper
A nomination paper must—
(a) be in writing; and
(b) state that the community visitor is
nominating himself or herself as a candidate
for election to the Community (Psychiatric
Services) Visitors Board; and
(c) contain the full name and address of the
community visitor nominating as a
candidate; and
(d) contain the signature of the candidate and the
date of the signing of that nomination paper.
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27 Withdrawal of nomination
(1) A community visitor who has nominated as a
candidate for an election may withdraw from the
election by giving notice of withdrawal in writing
by a method referred to in regulation 25(2) to the
returning officer not later than 12 noon on
nomination day.
(2) The returning officer must not include the name of
a community visitor who has withdrawn under
subregulation (1) on any ballot paper for the
election.
28 Contested election
(1) If more than one nomination is received, the
returning officer must conduct an election.
(2) The returning officer must prepare ballot papers,
postal ballot envelopes, and reply paid return
envelopes for the election.
(3) A ballot paper must contain—
(a) the full name of each candidate who has
nominated for election to the Community
(Psychiatric Services) Visitors Board and
who has not withdrawn under regulation 27;
and
(b) written advice regarding the method of
voting set out in regulation 32.
29 Order of names on ballot paper
(1) The returning officer must determine by lot the
order in which the names of the candidates are to
appear on the ballot paper.
(2) The determination of the order of appearance of
the names of the candidates must be conducted by
the returning officer in the presence of—
(a) at least one other person; and
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r. 30
(b) any candidate who wishes to be present or
his or her representative.
30 Distribution of ballot papers
At least 14 days before the polling day, the
returning officer must send to the postal address
of each community visitor a postal ballot envelope
containing—
(a) voting instructions;
(b) a ballot paper;
(c) a ballot paper envelope;
(d) a reply paid return envelope addressed to the
returning officer;
(e) each candidate's personal statement or advice
that the candidate has not lodged a personal
statement.
31 Candidate's personal statement
(1) A candidate may lodge a personal statement for
inclusion in the postal ballot envelope.
(2) A candidate's personal statement must be—
(a) no longer than 150 words; and
(b) signed by the candidate; and
(c) lodged with the returning officer no later
than 12 noon on the third day after
nomination day.
(3) A candidate's personal statement may be lodged—
(a) in person; or
(b) by sending the statement by post; or
(c) sending a copy of the statement by facsimile
or by other electronic transmission.
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(4) A candidate must not in his or her personal
statement refer to another candidate standing for
election without the written consent of that other
candidate.
32 Method of voting
To record a valid vote, a community visitor must
insert the number "1" on the ballot paper opposite
the name of the candidate who is the community
visitor's choice for the member of the Community
(Psychiatric Services) Visitors Board.
33 Manner of lodging vote
After marking the ballot paper, the elector must—
(a) place the ballot paper in the ballot paper
envelope and seal the envelope; and
(b) sign his or her name on that envelope and
include the date of the signing of that
envelope; and
(c) place the ballot paper envelope in the reply
paid return envelope and seal that envelope;
and
(d) post or deliver the reply paid return envelope
to reach the returning officer before 4 p.m.
on polling day.
34 Receipt of reply paid return envelopes
In the presence of a person nominated by the
Public Advocate and as soon as practicable after
the close of the election, the returning officer
must—
(a) remove the ballot paper envelope from each
reply paid return envelope received before
4 p.m. on polling day; and
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(b) record receipt of the ballot paper envelope on
the list of community visitors; and
(c) separate the signed ballot paper envelopes
from the unsigned ballot paper envelopes;
and
(d) disallow the unsigned ballot paper
envelopes; and
(e) remove and separate the ballot papers from
the signed ballot paper envelopes; and
(f) count the votes.
35 Invalid votes
A ballot paper must not be counted if it—
(a) is not enclosed in a ballot paper envelope
signed by a community visitor; or
(b) is received from a person whose name is not
on the list of community visitors; or
(c) does not have a number "1" placed opposite
one of the candidates' names in accordance
with regulation 32.
36 Method of counting votes and declaration of result
(1) The returning officer must declare as elected to
the Community (Psychiatric Services) Visitors
Board the candidate who received the most votes.
(2) In the event of a tie of votes between candidates,
the returning officer must separately place the
names of those candidates in a container and
arrange for another person to draw out the name
of one of those candidates as the elected
candidate.
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37 Recounts
(1) The returning officer may recount the votes at any
time before the declaration of the election—
(a) on the written request of any candidate
stating the reasons for the request; or
(b) on his or her own motion.
(2) The returning officer must advise all candidates if
a recount is to be conducted.
38 Disputes
The Public Advocate must determine any question
arising as to the validity or regularity of any vote.
39 Notification of the election results
(1) As soon as practicable after declaring the results
of the election, the returning officer must notify
the results of the election to the Public Advocate
and each candidate.
(2) The Public Advocate must inform each
community visitor in writing of the results of the
election within 14 days after the day on which the
results of the election are declared.
40 Custody and destruction of election papers
The returning officer must ensure the safe custody
of all materials used in an election for 30 days
from the day on which the results of that election
are declared.
Division 3—Casual vacancies
41 Method for filling casual vacancies
(1) If a vacancy arises in an office of an elected
member of the Community (Psychiatric Services)
Visitors Board other than by expiry of the
member's office, the Public Advocate must
appoint a returning officer to conduct an election
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for a community visitor to fill the casual vacancy
for the remainder of the current office.
(2) The returning officer must comply with the
requirements of Division 2 to the extent that they
are applicable to the filling of a casual vacancy.
(3) The returning officer must record the name of the
candidate—
(a) who is a sole nominee; or
(b) if more than one nomination is received, the
candidate who received the most votes at the
election conducted to fill the casual
vacancy—
as elected to the Community (Psychiatric
Services) Visitors Board and advise the Public
Advocate and each of the candidates accordingly.
(4) Despite subregulation (1), if a casual vacancy
occurs less than 2 months before the office
expires, the Public Advocate is not required to
comply with that subregulation and the office may
remain vacant until a community visitor is elected
under Division 2.
(5) Despite subregulation (2), if a casual vacancy
occurs less than 4 months before the office
expires, the returning officer is not required to
comply with any requirements as to time in
Division 2 if the returning officer is satisfied that
it is necessary to dispense with those requirements
in order to conduct the election to fill the casual
vacancy as expeditiously as is practicable and
appropriate in the circumstances.
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S.R. No. 111/2008
Part 7—Community Visitors
r. 42
42 Transitional provisions for the Community
(Psychiatric Services) Visitors Board
(1) A community visitor holding office as a member
of the Community (Psychiatric Services) Visitors
Board immediately before 21 September 2008
continues as a member of the Board until 30 June
2009 unless he or she sooner resigns or the office
of that community visitor becomes vacant.
(2) Despite regulation 20, both offices referred to in
section 116(2)(b) of the Act will fall vacant on
30 June 2009.
(3) The election held to fill the vacancies that arise as
a result of subregulation (2) must be conducted in
accordance with Division 2 of this Part except to
the extent that these requirements are varied by
subregulations (4), (5), (6), (7), (8), (9) and (10).
(4) To record a valid vote in the election to be held
before 30 June 2009, a community visitor must
insert—
(a) the number "1" on the ballot paper opposite
the name of the candidate who is the
community visitor's first choice for member
of the Community (Psychiatric Services)
Visitors Board; and
(b) the number "2" on the ballot paper opposite
the name of the candidate who is the
community visitor's second choice for
member of the Community (Psychiatric
Services) Visitors Board.
(5) A ballot paper must not be counted if it—
(a) is not enclosed in a ballot paper envelope
signed by a community visitor; or
(b) is received from a person whose name is not
on the list of community visitors; or
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S.R. No. 111/2008
Part 7—Community Visitors
r. 42
(c) does not have a number "1" or "2" placed
opposite 2 of the candidates' names in
accordance with subregulation (4).
(6) The returning officer must count each "1" or "2"
vote received by each candidate as one vote.
(7) The candidate who receives the most votes in the
election holds office from 1 July 2009 until
30 June 2011 and the candidate who receives the
second most votes in the election holds office
from 1 July 2009 until 30 June 2010.
(8) In the event of a tie of votes between the
candidates who received the most votes, the
returning officer must determine from those tied
number of votes which of the candidates received
the first and second most "1" votes and declare
that—
(a) the candidate who received the most "1"
votes holds office from 1 July 2009 until
30 June 2011; and
(b) the candidate who received the second most
"1" votes holds office from 1 July 2009 until
30 June 2010.
(9) If, after following the procedure set out in
subregulation (8) there remains a tied vote, the
returning officer must separately place the names
of those candidates in a container and arrange for
another person to draw out the name of—
(a) one candidate and declare that this candidate
holds office from 1 July 2009 until 30 June
2011; and
(b) a second candidate and declare that this
candidate holds office from 1 July 2009 until
30 June 2010.
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S.R. No. 111/2008
Part 7—Community Visitors
r. 42
(10) In the event that subregulation (8) does not apply
but there is a tie of votes between the candidates
who received the second most votes, the returning
officer must—
(a) determine from those tied number of votes
which of the candidates received the most
"1" votes; and
(b) declare that the candidate holds office from
1 July 2009 until 30 June 2010.
(11) If, after following the procedure set out in
subregulation (10) there remains a tied vote, the
returning officer must—
(a) separately place the names of those
candidates in a container and arrange for
another person to draw out the name of
one candidate; and
(b) declare that the candidate holds office from
1 July 2009 until 30 June 2010.
(12) If a vacancy arises in the office of an elected
member of the Community (Psychiatric Services)
Visitors Board before 30 June 2009—
(a) the casual vacancy must be filled in
accordance with the procedure set out in
regulation 41; and
(b) the candidate who is elected holds office
until 30 June 2009 unless he or she sooner
resigns or the office of that community
visitor becomes vacant.
__________________
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S.R. No. 111/2008
Part 8—Miscellaneous
r. 43
PART 8—MISCELLANEOUS
43 Release of patient information
For the purposes of section 120A(3)(ca) of the
Act, the following classes of staff of a psychiatric
service are prescribed—
(a) registered nurses;
Reg. 43(b)
substituted by
S.R. No.
81/2010 reg. 7.
(b) registered psychologists;
(c) social workers;
(d) occupational therapists.
44 Recommendation fee
For the purposes of section 127 of the Act, the
prescribed recommendation fee is the fee that
would be applicable in respect of that item of
medical service in the table of medical services
prescribed under section 4 of the Health Insurance
Act 1973 of the Commonwealth.
__________________
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S.R. No. 111/2008
Sch. 1
SCHEDULES
SCHEDULE 1
FORM OF REQUEST FOR A PERSON TO RECEIVE
INVOLUNTARY TREATMENT
Mental Health Act 1986
Section 9
Mental Health Regulations 2008
Regulation 6(1) Schedule 1
REQUEST
FOR PERSON TO RECEIVE INVOLUNTARY TREATMENT FROM
AN APPROVED MENTAL HEALTH SERVICE
TO THE *REGISTERED MEDICAL PRACTITIONER EMPLOYED
BY AN APPROVED MENTAL HEALTH SERVICE/MENTAL
HEALTH PRACTITIONER
Please make an involuntary treatment order for:
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
person who should be made subject to an
involuntary treatment order
of:
address of person who should be made subject to an involuntary treatment order
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
person making the request
of:
address of person making the request
Signed:
Date:
/
/
AUTHORISATION (Optional)
I authorise:
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of other
person authorised by the person making the request
of:
address of other person authorised by the person making the request
 To take the abovenamed person to an appropriate approved mental health
service.
OR
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S.R. No. 111/2008
Sch. 1
 To arrange for a registered medical practitioner employed by an
approved mental health service or a mental health practitioner to assess
the person.
(please cross  1 option only.)
Signed:
Date:
/
/
signature of person making the request
*delete as necessary
__________________
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S.R. No. 111/2008
Sch. 2
SCHEDULE 2
FORM OF RECOMMENDATION FOR A PERSON TO
RECEIVE INVOLUNTARY TREATMENT
Mental Health Act 1986
Section 9
Mental Health Regulations 2008
Regulation 6(2) Schedule 2
RECOMMENDATION
FOR PERSON TO RECEIVE INVOLUNTARY TREATMENT FROM
AN APPROVED MENTAL HEALTH SERVICE
PART A
TO THE *REGISTERED MEDICAL PRACTITIONER EMPLOYED
BY AN APPROVED MENTAL HEALTH SERVICE/MENTAL
HEALTH PRACTITIONER
Please make an involuntary treatment order for:
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of person
who should be made subject to an involuntary
treatment order
of:
address of person who should be made subject to an involuntary treatment order
(1) I am a registered medical practitioner.
(2) I personally examined the abovenamed person:
on the
day of
20
at
*am/pm.
(3) It is my opinion that all the following criteria in section 8(1) of the
Mental Health Act 1986 apply to the person—
(a) the person appears to be mentally ill (a person is mentally ill if he
or she has a mental illness, being a medical condition that is
characterised by a significant disturbance of thought, mood,
perception or memory); and
(b) the person's mental illness requires immediate treatment and that
treatment can be obtained by the person being subject to an
involuntary treatment order; and
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Sch. 2
(c) because of the person's mental illness, involuntary treatment of the
person is necessary for his or her health or safety (whether to
prevent a deterioration in the person's physical or mental condition
or otherwise) or for the protection of members of the public; and
(d) the person has refused or is unable to consent to the necessary
treatment for the mental illness; and
(e) the person cannot receive adequate treatment for the mental illness
in a manner less restrictive of his or her freedom of decision and
action.
(4) I do not consider the person to be mentally ill by reason only of any one
or more of the exclusion criteria listed in section 8(2) of the Mental
Health Act 1986.
(5) I base my opinion on the following facts.
Facts personally observed by me on examination to support this
recommendation:
Facts communicated to me by another person to support this
recommendation:
*delete as necessary
PART B
TO BE COMPLETED WHERE NO FACTS ARE PERSONALLY
OBSERVED
(6) As no facts were personally observed by me to support this
recommendation, the following facts were communicated directly to me
*in person/in writing/by telephone/by electronic communication by:
Dr.
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
other registered medical practitioner
of:
address of other registered medical practitioner
doctor's telephone number:
who examined the person on the
day of
20
(being a date not more than 28 days before today's date)
Facts communicated to me by abovenamed examining registered medical
practitioner:
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S.R. No. 111/2008
Sch. 2
PART C
SIGNATURE
(7) I consider that an involuntary treatment order should be made for the
abovenamed person.
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
recommending registered medical practitioner
Signed:
Date:
signature of recommending registered medical practitioner
Qualifications:
Address:
Telephone no:
*delete as necessary
__________________
31
/
/
Mental Health Regulations 2008
S.R. No. 111/2008
Sch. 3
SCHEDULE 3
FORM OF AUTHORITY TO TRANSPORT INVOLUNTARY
PATIENT
Mental Health Act 1986
Section 9A
Mental Health Regulations 2008
Regulation 6(3) Schedule 3
AUTHORITY TO TRANSPORT WITHOUT RECOMMENDATION
TO THE ADMITTING REGISTERED MEDICAL PRACTITIONER
Please examine:
GIVEN NAME/S
NAME (BLOCK LETTERS) of person
of:
address of person
for the purpose of making a recommendation under section 9 of the Mental
Health Act 1986.
(1) I am a mental health practitioner within the meaning of section 7 of the
Mental Health Act 1986.
(2) I have sighted a completed request relating to the abovenamed person.
(3) A recommendation has not been completed because a registered medical
practitioner was not available within a reasonable period to consider
making a recommendation, despite all reasonable steps having been
taken to secure the attendance of one.
(4) It is my opinion that all the following criteria in section 8(1) of the
Mental Health Act 1986 apply to the person:
(a) the person appears to be mentally ill (a person is mentally ill if he
or she has a mental illness, being a medical condition that is
characterised by a significant disturbance of thought, mood,
perception or memory); and
(b) the person's mental illness requires immediate treatment and that
treatment can be obtained by the person being subject to an
involuntary treatment order; and
(c) because of the person's mental illness, involuntary treatment of the
person is necessary for his or her health or safety (whether to
prevent a deterioration in the person's physical or mental condition
or otherwise) or for the protection of members of the public; and
(d) the person has refused or is unable to consent to the necessary
treatment for the mental illness; and
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Sch. 3
(e) the person cannot receive adequate treatment for the mental illness
in a manner less restrictive of his or her freedom of decision and
action.
(5) I do not consider the person to be mentally ill by reason only of any one
or more of the exclusion criteria listed in section 8(2) of the Mental
Health Act 1986.
(6) I base my opinion on the following facts personally observed by me on
examination:
(7) I consider that the person should be taken to an approved mental health
service for examination by a registered medical practitioner for the
purpose of making a recommendation under section 9 of the Mental
Health Act 1986.
GIVEN NAME/S
Signed:
NAME (BLOCK LETTERS) of mental health practitioner
Date:
Employed by:
/
/
Designation:
approved mental health service
*delete as necessary
__________________
33
Time:
*am/pm
Mental Health Regulations 2008
S.R. No. 111/2008
Sch. 4
SCHEDULE 4
FORM 1—PARTICULARS OF USE OF RESTRAINT
Mental Health Act 1986
Section 9B
Mental Health Regulations 2008
Regulation 6(4) Schedule 4 Form 1
RESTRAINT
FOR THE PURPOSES OF SAFELY TRANSPORTING A PERSON TO
AN APPROVED MENTAL HEALTH SERVICE
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
person restrained for the purposes of safe transport
of:
address of person restrained for the purposes of safe transport
(1) I am a prescribed person within the meaning of section 7 of the Mental
Health Act 1986—a prescribed person is a member of the police force,
an ambulance officer or a:
 registered medical practitioner; or
 registered nurse; or
 registered psychologist; or
 social worker; or
 an occupational therapist—
employed, appointed or engaged to provide care and treatment to persons
with a mental disorder in—
 an approved mental health service; or
 a child and adolescent psychiatry service; or
 a premises licensed under section 75 of the Act; or
 a hospital admitting or caring for persons with a mental disorder;
or
 a mental health service of a community health centre; or
 a psychiatric outpatient clinic; or
 a community mental health service.
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Sch. 4
(2) The abovenamed person is:

subject to a request (Schedule 1) and recommendation (Schedule 2).
OR

subject to a request (Schedule 1) and authority to transport
(Schedule 3).
OR

subject to an involuntary treatment order (Schedule 6) and is to be
taken to an approved mental health service under section 12(6),
section 12AA(7) or section 12AC(4)(b) of the Mental Health Act
1986.
OR

a patient absent without leave from an approved mental health
service.
(Please cross  1 option only.)
(3) I applied the following restraint/s to the abovenamed person to enable
her/him to be taken safely to an approved mental health service:
(Specify the type of restraint applied and the reason, each time restraint is
used.)
(a) Restraint:
Date:
Reason applied:
Time applied:
*am/pm Time removed:
(b) Restraint:
Date:
Reason applied:
Time applied:
*am/pm Time removed:
(c) Restraint:
Date:
GIVEN NAME/S
*am/pm.
*am/pm.
Reason applied:
Time applied:
*am/pm Time removed:
*am/pm.
FAMILY NAME (BLOCK LETTERS) of prescribed person
employed by:
*Victoria Police/Ambulance Service/mental health service/other (please
specify)
of:
business address of prescribed person
Signed:
Designation:
*delete as necessary
__________________
35
Date:
/
/
Mental Health Regulations 2008
S.R. No. 111/2008
Sch. 4
FORM 2—PARTICULARS OF USE OF SEDATION
Mental Health Act 1986
Section 9B
Mental Health Regulations 2008
Regulation 6(4) Schedule 4 Form 2
SEDATION
FOR THE PURPOSES OF SAFELY TRANSPORTING A PERSON TO
AN APPROVED MENTAL HEALTH SERVICE
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
person sedated for the purposes of safe transport
of:
address of person sedated for the purposes of safe transport
(1) I am a prescribed registered medical practitioner within the meaning of
section 7 of the Mental Health Act 1986.
(2) The abovenamed person is:

subject to a request (Schedule 1) and recommendation (Schedule 2).
OR

subject to an involuntary treatment order (Schedule 6) and is to be
taken to an approved mental health service under section 12(6),
section 12AA(7) or section 12AC(4)(b) of the Mental Health Act
1986.
OR

a patient absent without leave from an approved mental health
service.
(Please cross  1 option only.)
(3) The person has refused or is unable to consent to sedation. I consider that
it is necessary to sedate the person so that the person can be taken safely
to an approved mental health service. The reasons for my decision are:
(4) The following sedation is to be administered to the person:
Drug:
Route (IM, IV, Oral):
Dose:
Frequency:
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Sch. 4
(5) 
I administered the sedation myself at the following time/s: *am/pm
OR

I direct the belownamed authorised person to administer the
sedation in the prescribed form:
(Please cross  1 option only.)
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
authorised person
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
prescribed registered medical practitioner
of:
address of prescribed registered medical practitioner
Signed:
Qualifications:
Date:
/
/
TO BE COMPLETED AS NECESSARY BY AUTHORISED PERSON
(1) I am an authorised person within the meaning of section 7 of the Mental
Health Act 1986. An authorised person is a registered medical
practitioner or a registered nurse.
(2) I administered the following sedation as prescribed by the abovenamed
medical practitioner:
Drug:
Dose:
Route (IM, IV, Oral):
GIVEN NAME/S
Time (1):
*am/pm Time (2):
am/pm
FAMILY NAME (BLOCK LETTERS) of
authorised person
of:
address of authorised person
Signed:
Qualifications:
*delete as necessary
__________________
37
Date:
/
/
Mental Health Regulations 2008
S.R. No. 111/2008
Sch. 5
SCHEDULE 5
SPECIAL WARRANT
Mental Health Act 1986
Section 11
Mental Health Regulations 2008
Regulation 7 Schedule 5
IN THE MAGISTRATES' COURT AT
UPON the sworn information of
of
CONCERNING
(Name of person)
of
who appears to be mentally ill and incapable of caring for herself or himself.
I AUTHORISE AND DIRECT
a member of Victoria Police accompanied by a registered medical
practitioner to enter any premises and to use such force as may be reasonably
necessary to enable the registered medical practitioner to examine the person
appearing to be mentally ill.
DATED this
day of
(year)
Signed Magistrate
__________________
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Sch. 6
SCHEDULE 6
INVOLUNTARY TREATMENT ORDER
Mental Health Act 1986
Sections 12 and 12AA
Mental Health Regulations 2008
Regulation 8 Schedule 6
INVOLUNTARY TREATMENT ORDER
GIVEN NAME/S
FAMILY NAME (BLOCK LETTERS) of
person subject to involuntary treatment order
of:
address of person subject to involuntary treatment order
To be completed by the registered medical practitioner employed by an
approved mental health service/mental health practitioner
(1) 
I am a registered medical practitioner employed by the approved
mental health service.
OR

I am a mental health practitioner within the meaning of section 7 of
the Mental Health Act 1986.
(please cross  1 option only.)
(2) I have sighted a completed request and recommendation relating to the
person.
(3) I hereby make an involuntary treatment order for the person on:
the
day of
20
at
*am/pm.
(4) The approved mental health service is:
name of approved mental health service
GIVEN NAME/S/FAMILY NAME (BLOCK LETTERS) of
*registered medical practitioner employed by an approved
mental health service/mental health practitioner
Signed:
Designation:
Address:
Telephone no:
*delete as necessary
__________________
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Sch. 7
SCHEDULE 7
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—INVOLUNTARY PATIENT
Mental Health Act 1986
Section 18
Mental Health Regulations 2008
Regulation 9(a) Schedule 7
IN SUMMARY
When you are on an involuntary treatment order or a community treatment
order you—
 will have a treatment plan and can be involved in planning your
treatment;
 have a right to obtain a second opinion from a psychiatrist about your
treatment;
 have a right to appeal to the Mental Health Review Board against being
on the order;
 have a right to obtain legal advice and have a lawyer represent you;
 can talk to and have a friend or family member represent you;
 can complain about your treatment;
 have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement provides information about being on an involuntary treatment
order or a community treatment order and your legal rights and entitlements
under the Mental Health Act 1986.
A member of the treating team will talk to you about this information and
answer your questions.
The information must be explained in a language or manner that you can
understand. This statement is also translated into a number of languages.
You can ask a member of the treating team if it is available in your preferred
language. Copies of the Mental Health Act 1986 are available at the mental
health service.
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S.R. No. 111/2008
Sch. 7
If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law. For
example, under the Mental Health Act 1986 you may be detained in a
mental health service if it is necessary to protect your health or safety or the
safety of others. However, any restrictions on your liberty and any
interference with your rights, privacy, dignity and self-respect must be kept
to the minimum necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
INVOLUNTARY TREATMENT ORDERS
Involuntary treatment orders are orders under the Mental Health Act 1986
that require people with a mental illness to receive treatment for their illness.
A doctor has recommended that you be placed on an involuntary treatment
order so you can receive treatment for a mental illness. In the doctor's opinion
all of the following criteria for involuntary treatment in the Mental Health
Act 1986 apply to you—

you appear to be mentally ill (mental illness is defined in the Act as a
medical condition that is characterised by a significant disturbance of
thought, mood, perception or memory); and
 your mental illness requires immediate treatment and that treatment can
be obtained by placing you on an involuntary treatment order; and
 because of your mental illness, involuntary treatment is necessary for
your health or safety (whether to prevent a deterioration in your
physical or mental condition or otherwise) or for the protection of
members of the public; and
 you have either refused or are unable to consent to necessary treatment;
and
 there is no less restrictive way for you to receive adequate treatment for
your mental illness.
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Sch. 7
Initial review of involuntary treatment orders
Within 24 hours of being placed on the order, a psychiatrist from the mental
health service will examine you to decide if all of these criteria apply to you.
If they do, the psychiatrist will confirm the order and you will remain an
involuntary patient under the Mental Health Act 1986.
The psychiatrist will then either admit you to the mental health service or
make a community treatment order for you. If possible, you will be treated in
the community. If you are admitted as an inpatient, you must stay in the
mental health service. Read the section on inpatient treatment in this
statement for more information. If the psychiatrist makes a community
treatment order for you, read the section on community treatment orders.
If the psychiatrist does not believe all of the criteria for involuntary treatment
apply to you, the involuntary treatment order will be discharged. You can
discuss continuing treatment on a voluntary basis with your case manager or
psychiatrist. If you have been an inpatient and both you and the psychiatrist
think you would benefit from further treatment at the mental health service,
you can ask to stay on a voluntary basis.
If you have any questions about the review by the psychiatrist, such as when
the psychiatrist will come to see you, ask a member of the treating team.
Treatment
Your psychiatrist will prepare a treatment plan that is designed to meet your
specific needs. You can be involved in planning your treatment and your
psychiatrist will consider your preferences and concerns. The psychiatrist
will also take into account the wishes of any guardian, family member or
primary carer who is involved in providing ongoing care to you (unless you
object), any beneficial alternative treatments and any significant risks of the
treatment.
If your psychiatrist believes a particular psychiatric treatment is necessary,
that treatment can be given to you, even if you refuse. If this happens, your
psychiatrist will explain why the treatment is necessary. Your psychiatrist or
another member of the treating team will discuss your treatment plan with
you and give you a copy.
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and update
your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing your
treatment with your psychiatrist.
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Sch. 7
Family members and other caregivers can provide valuable support and care
to you while you are receiving treatment for your illness. Generally, they
will only be given information about your treatment and care if you agree.
However, if a guardian, family member or your primary carer needs
information to care for you, a member of the treating team can give them the
information, even if you don't agree.
Second Opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this from within
the mental health service or they can help you choose your own psychiatrist.
If you choose a private psychiatrist you may have to pay a fee. You can
discuss the second opinion with your treating psychiatrist. However, your
treating psychiatrist is responsible for making the final decision about the
treatment you receive.
Access to Information
It is your right under freedom of information and privacy laws to apply for
access to documents about your personal information that the mental health
service holds.
If you wish to access the information, you can ask a member of the treating
team or the mental health service's freedom of information officer to help you
make an application.
Organisations that may be able to help you with a freedom of information
application are described at the end of this statement.
INPATIENT TREATMENT
This section of the statement has information about your rights and
entitlements if you are admitted to a mental health service on an involuntary
treatment order.
Leave of Absence
You may be allowed to leave the mental health service for a short time
(for example, a few hours, overnight or a weekend) to visit family or friends
or for some other purpose. If you would like to have leave, you should talk
to a member of the treating team. Your psychiatrist will make the final
decision about a request for leave.
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Seclusion and Restraint
Seclusion
Seclusion is when a person is kept alone in a room where the doors and
windows are locked from the outside. This only happens if it is necessary to
protect the person or others from an immediate or imminent risk to their
health or safety or to prevent the person from absconding. It is only used
when other ways of ensuring safety have failed.
Mechanical Restraint
Mechanical restraint is the use of a device, such as a harness or straps, to
restrict a person's freedom to move about. Restraint may be used to enable a
person to be medically treated, to prevent the person from injuring himself or
herself or others or to prevent the person from persistently destroying
property.
Approval and Monitoring of Seclusion and Mechanical Restraint
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior registered nurse on duty. They can only
be used for as long as the above reasons apply.
If you are put in a seclusion room or are restrained, staff must give you
appropriate bedding, clothing, food and drink at the appropriate times.
You can ask staff for food and drink when you want them. They must also
provide you with adequate toilet arrangements, including the opportunity to
wash.
A nurse must review your physical and mental condition at least every
15 minutes. A doctor must also examine you at least every 4 hours, unless
your psychiatrist thinks less frequent examinations are appropriate. If you
are being restrained you must be monitored continuously.
Letters and telephone calls
You can contact people by letter or telephone. Your mail will not be opened.
Transfer
You may be transferred to a different mental health service if your
psychiatrist believes that you would benefit from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Mental Health
Review Board. If you are transferred before the appeal is heard, the Board
will decide whether you should be returned to the original service when it
hears the appeal.
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Community treatment orders
If your psychiatrist believes that you can live in the community while you
receive the treatment you need, you may be placed on a community treatment
order. To find out more about these orders, read the section in this statement
on community treatment orders and ask a member of the treating team to
explain them.
Discharge from involuntary patient status
If your psychiatrist believes that any of the criteria for involuntary treatment
no longer apply to you, you must be discharged as an involuntary patient and
you will be free to leave. However, if both you and your psychiatrist think
that you would benefit from further treatment at the mental health service,
you can ask to stay in the service on a voluntary basis.
If at any time you want to be discharged from being an involuntary patient,
you should talk to your psychiatrist or other members of the treating team, or
you can appeal to the Mental Health Review Board. Whether or not you
appeal, the Board will initially review the order within 8 weeks of you
becoming an involuntary patient and then at least every 12 months if you
continue as an involuntary patient. Your psychiatrist will also regularly
review you to see if you should be discharged.
COMMUNITY TREATMENT ORDERS
This section of the statement contains information about your rights and
entitlements if you are placed on a community treatment order.
A community treatment order (CTO) is an order under the Mental Health
Act 1986 that enables an involuntary patient to live in the community while
he or she receives treatment for his or her mental illness.
If your psychiatrist believes you can obtain the treatment you need while you
live in the community, you will be placed on a CTO. You will still be an
involuntary patient on an involuntary treatment order, even though you are
living in the community on a CTO.
Planning for a community treatment order
Your psychiatrist will talk to you about the CTO and prepare a new treatment
plan. You can be involved in planning your order and treatment plan.
The treatment plan will include an assessment about your needs for
continuing treatment and support in the community and the best way these
can be met. Your preferences will be taken into consideration. For example,
you may have a particular doctor that you wish to supervise the order.
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Your psychiatrist or another member of the treating team will discuss your
treatment plan with you and give you a copy. The plan will include—
 an outline of your treatment;
 the name of the psychiatrist who will monitor your treatment;
 the name of the doctor who will supervise your treatment;
 the name of your case manager;
 the place and times at which you are to receive treatment;
 how often the supervising doctor must report on your treatment to the
monitoring psychiatrist;
 anything else the authorised psychiatrist thinks is appropriate.
Conditions of the community treatment order
You will be given a copy of the CTO. It will say how long the order will
last, which can be for up to 12 months. The CTO sometimes states where
you must live if this is necessary for the treatment of your illness.
Your psychiatrist may vary these conditions from time to time and will
discuss the reasons with you.
If you are unhappy with any of the conditions, you should talk to a member
of the treating team or you can appeal to the Mental Health Review Board.
Your psychiatrist can extend the CTO if the criteria for involuntary treatment
still apply to you and the treatment you need can continue to be obtained
through the order. If your CTO is extended, the Mental Health Review Board
will review the extension.
If your psychiatrist does not extend your CTO, it will expire and you will no
longer be an involuntary patient.
Revoking the community treatment order
If you do not comply with your order or your treatment plan, members of the
treating team will try to help you to comply. However, if you still do not
comply and there is a significant risk that your health will get worse because
of your non-compliance, your psychiatrist may revoke the CTO and you must
return to the mental health service for treatment.
Your CTO may also be revoked if your psychiatrist believes that your illness
would be better treated in a mental health service.
If your CTO is revoked, reasonable efforts will be made to tell you and you
must then go to the mental health service.
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Discharging the community treatment order
If your psychiatrist believes that any of the criteria for involuntary treatment
no longer apply to you, you must be discharged from the CTO and from
being an involuntary patient. You can discuss continuing treatment on a
voluntary basis with your case manager or psychiatrist.
If at any time you want to be discharged from the CTO, you should talk to
your psychiatrist or other members of the treating team, or you can appeal to
the Mental Health Review Board. Whether or not you appeal, the Board will
initially review the order within 8 weeks of you becoming an involuntary
patient and then at least every 12 months if you continue as an involuntary
patient. Your psychiatrist will also regularly review you to see if you should
be discharged.
APPEAL AND REVIEW: THE MENTAL HEALTH REVIEW BOARD
This section of the statement contains information about your rights and
entitlements to appeal and review by the Mental Health Review Board.
The functions of the Board
The Mental Health Review Board is an independent tribunal that—
 hears appeals from involuntary patients on involuntary treatment orders
or community treatment orders who want to be discharged from the
order;
 reviews all involuntary patients within 8 weeks of being placed on an
involuntary treatment order to decide if they can be discharged from the
order;
 reviews all involuntary patients at least every 12 months to decide if
they can be discharged;
 hears appeals from patients who do not want to be transferred to a
different mental health service;
 reviews the extension of all community treatment orders.
At each appeal or review, the Board will also review your treatment plan.
Your right to appeal to the Board
It is your right to appeal to the Mental Health Review Board at any time.
If you want to appeal, ask a member of the treating team for an appeal form,
fill it in and ask the team member to send it to the Board. If no appeal form
is available, you can write a letter or email to the Board that sets out your
name, the name of the mental health service and what you want to appeal
about. The Board must hear your appeal without delay. If you need help to
fill in the form or with anything else, you should ask a member of the treating
team, a friend, a family member, a lawyer or a community visitor to help you.
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The Board's contact details
To fax, mail or email an appeal to the Board, or to find out further
information, use the contact details below—
Executive Officer
Mental Health Review Board
[insert appropriate contact details]
Preparing for the Board hearing
The Board will send you a notice advising the date, time and place at which
your review or appeal will be heard. Your psychiatrist and case manager will
also be notified of the hearing. It is your right to attend the hearing unless the
Board decides that this would be bad for your health. You are encouraged to
attend and present your case and you can have someone attend to offer
support or speak for you, for example, an advocate, a lawyer, a private
doctor, a friend or a family member. If you are unable to attend the hearing,
you should tell the Board as soon as possible.
Before the hearing, read the documents that will be given to the Board for
your hearing (see below) and think about what you are going to say to the
Board. You may also want to give the Board written information. Your
family and friends or someone you respect may wish to write letters or come
to the hearing in support of your appeal or review.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Board.
The Board will arrange an interpreter if necessary.
Organisations that may be able to help you with your appeal or review are
described at the end of this statement.
Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the Board for your hearing, including your clinical
file and your psychiatrist's report to the Board, at least 24 hours before the
hearing.
However, your psychiatrist can apply to the Board to prevent you from
seeing a document or part of a document if it is believed that—
 seeing the document will cause serious harm to your health or the health
or safety of another person; or
 the information in a document was given in confidence or is personal
information about another person.
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If an application is made to prevent you seeing a document or part of a
document, a member of the treating team will tell you and explain the
process. The Board will make the final decision about whether you see the
whole document or part of the document or none of the document.
If the Board decides you should not see a document or part of any document,
it may allow your representative to see it instead.
The Board hearing
Hearings are held either at hospitals or community mental health services.
Your hearing will usually be heard by 3 Board members—a lawyer, a
psychiatrist and a community member. If the hearing is the annual review of
your involuntary treatment order or the review of the extension of your
community treatment order, it may be conducted by one person—a lawyer, a
psychiatrist or a community member of the Board.
The hearing will be informal and private, unless the Board decides that it is
in your best interests or the public interest for the hearing to be open.
Your doctor and other members of the treating team will give information to
the Board. You and your representative will be able to ask questions and
explain your side of the case, for example, why you believe you should not
be on an involuntary treatment order.
The Board will primarily consider your current mental condition and will
also consider your medical and psychiatric history and your social
circumstances when making its decision.
If you are an inpatient and too ill to attend the hearing, the Board may visit
you in your ward.
The Board's decision on appeal or review of involuntary status
The Board must decide whether all the criteria for involuntary treatment still
apply to you.
Discharge from involuntary status
If any one of the criteria for involuntary treatment does not apply, you will be
discharged from the order and from being an involuntary patient. If you were
on a community treatment order, you will also be discharged from that order.
You can discuss continuing treatment on a voluntary basis with your case
manager or psychiatrist. If you were an inpatient, you will be free to leave the
mental health service. However, if both you and your psychiatrist think you
would benefit from further treatment at the mental health service, you can ask
to stay on a voluntary basis.
Continuation of involuntary status
If the Board decides that all of the criteria for involuntary treatment still
apply to you, you will continue to receive treatment as an involuntary patient.
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If you are an inpatient and the Board considers that the treatment you need
can be obtained through a community treatment order (CTO), it may order
your psychiatrist to place you on a CTO. If you are on a CTO, the Board can
vary the conditions of the order. If the Board revokes your CTO, you must
return to the mental health service.
The Board will also review your treatment plan to decide whether the proper
procedures have been followed in making the plan. For example, were your
wishes taken into account and did the psychiatrist consider alternative
treatments? The Board must be satisfied that the mental health service can
implement the plan.
At the end of the hearing, the Board will tell you its decision and the reasons
for it. You will be given a written copy of the decision. If you want written
reasons for the decision, you must request these in writing from the Board
within 28 days and the Board must provide you with a statement of reasons
within 14 days of your request. You can appeal again to the Board at any
time.
Review of the Board's decision
If you disagree with the Board's decision, you can apply to the Victorian
Civil and Administrative Tribunal (VCAT) for a review of the Board's
decision. VCAT is an independent tribunal with the power to confirm or
overturn the decision of the Board.
Applications must be made in writing within 28 days of receiving the Board's
decision or, if you requested a statement of reasons from the Board, within
28 days of receiving that statement, to—
Victorian Civil and Administrative Tribunal
[insert appropriate contact details]
Organisations that may be able to help you with an application are described
at the end of this statement.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you can complain.
A good place to start is with your case manager, primary nurse or another
member of the treating team, the complaints liaison officer or consumer
consultant in the hospital, or the Director of Psychiatry at the mental health
service.
You can also complain directly to the Health Services Commissioner or the
chief psychiatrist.
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If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 The Mental Health Review Board is an independent tribunal that hears
appeals from involuntary patients, patients on restricted involuntary
treatment orders and security patients who want to be discharged from
their involuntary treatment status. It also automatically reviews these
patients.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It might be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Mental
Health Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
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 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]
 The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
 The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
You can also ask your case manager or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 8
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—RESTRICTED
INVOLUNTARY TREATMENT ORDERS
Mental Health Act 1986
Mental Health Regulations 2008
Section 18
Regulation 9(b) Schedule 8
IN SUMMARY
When you are on a restricted involuntary treatment order or restricted
community treatment order you—

will have a treatment plan and can be involved in planning your
treatment;

have a right to obtain a second opinion from a psychiatrist about your
treatment;

have a right to appeal to the Mental Health Review Board against
being on the order;

have a right to obtain legal advice and have a lawyer represent you;

can talk to and have a friend or family member represent you;
  can complain about your treatment;

have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement provides information about being on a restricted involuntary
treatment order or restricted community treatment order and your legal rights
and entitlements under the Mental Health Act 1986.
A member of the treating team will talk to you about this information and
answer your questions.
The information must be explained in a language or manner that you can
understand. This statement is also translated into a number of languages.
You can ask a member of the treating team if it is available in your preferred
language. Copies of the Mental Health Act 1986 are available at the mental
health service.
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If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Mental Health Act 1986 you may be detained in a
mental health service if it is necessary to protect your health or safety or the
safety of others. However, any restrictions on your liberty and any
interference with your rights, privacy, dignity and self-respect must be kept
to the minimum necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
RESTRICTED INVOLUNTARY TREATMENT ORDERS
Restricted involuntary treatment orders are made by a court under the
Sentencing Act 1991. If a person with a mental illness is found guilty of an
offence (other than a serious offence), the court may make a restricted
involuntary treatment order instead of giving the person a sentence.
The person is then taken to a mental health service and must be given
treatment for their mental illness.
Mental illness is defined in the Mental Health Act 1986 as a medical
condition that is characterised by a significant disturbance of thought, mood,
perception or memory.
A court has placed you on a restricted involuntary treatment order so you can
receive treatment for a mental illness.
The court made the order after a psychiatrist found that all of the following
criteria for being placed on a restricted involuntary treatment order apply to
you—

you appear to be mentally ill; and

your mental illness needs treatment which can be obtained through a
restricted involuntary treatment order; and

because of your mental illness, involuntary treatment is necessary for
your health or safety (whether to prevent a deterioration in your
physical or mental condition or otherwise) or for the protection of
members of the public.
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The court will set a term for your restricted involuntary treatment order,
which must not exceed 2 years.
Once you are taken to a mental health service, a psychiatrist will either admit
you to the service as an inpatient or make a restricted community treatment
order. If possible, you will be treated in the community. If you are admitted
as an inpatient, you must stay in the mental health service. Read the section
on inpatient treatment in this statement for more information. If the
psychiatrist makes a restricted community treatment order for you, read the
section on restricted community treatment orders.
Treatment
Your psychiatrist will prepare a treatment plan that is designed to meet your
specific needs. You can be involved in planning your treatment and your
psychiatrist will consider your preferences and concerns. The psychiatrist
will also take into account the wishes of any guardian, family member or
primary carer who is involved in providing ongoing care to you (unless you
object), any beneficial alternative treatments and any significant risks of the
treatment.
If your psychiatrist believes a particular psychiatric treatment is necessary,
that treatment can be given to you, even if you refuse. If this happens, your
psychiatrist will explain why the treatment is necessary. Your psychiatrist or
another member of the treating team will discuss your treatment plan with
you and give you a copy.
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and update
your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing your
treatment with your psychiatrist.
Family members and other caregivers can provide valuable support and care
to you while you are receiving treatment for your illness. Generally, they will
only be given information about your treatment and care if you agree.
However, if a guardian, family member or your primary carer needs
information to care for you, a member of the treating team can give them the
information, even if you don't agree.
Second Opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this from within
the mental health service, or they can help you choose your own psychiatrist.
If you choose a private psychiatrist you may have to pay a fee. You can
discuss the second opinion with your treating psychiatrist. However, your
treating psychiatrist is responsible for making the final decision about the
treatment you receive.
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Access to Information
It is your right under freedom of information and privacy laws to apply for
access to documents about your personal information that the mental health
service holds.
If you wish to access the information, you can ask a member of the treating
team or the mental health service's freedom of information officer to help you
make an application.
Organisations that may be able to help you with a freedom of information
application are described at the end of this statement.
INPATIENT TREATMENT
This section of the statement has information about your rights and
entitlements while you are admitted to a mental health service on a restricted
involuntary treatment order.
Leave of absence
You may be allowed to leave the mental health service for a short time
(for example, a few hours, overnight or a weekend) to visit family or friends
or for some other purpose. If you would like to have leave, you should talk
to a member of the treating team. Your psychiatrist will make the final
decision about a request for leave.
Seclusion and restraint
Seclusion
Seclusion is when a person is kept alone in a room where the doors and
windows are locked from the outside. This only happens if it is necessary to
protect the person or others from an immediate or imminent risk to their
health or safety or to prevent the person from absconding. It is only used
when other ways of ensuring safety have failed.
Mechanical restraint
Mechanical restraint is the use of a device, such as a harness or straps, to
restrict a person's freedom to move about. Restraint may be used to enable a
person to be medically treated, to prevent the person from injuring himself or
herself or others or to prevent the person from persistently destroying
property.
Approval and monitoring of seclusion and mechanical restraint
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior registered nurse on duty. They can only
be used for as long as the above reasons apply.
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If you are put in a seclusion room or are restrained, staff must give you
appropriate bedding, clothing, food and drink at the appropriate times.
You can ask staff for food and drink when you want them. They must also
provide you with adequate toilet arrangements, including the opportunity to
wash.
A nurse must review your physical and mental condition at least every
15 minutes. A doctor must also examine you at least every 4 hours, unless
your psychiatrist thinks less frequent examinations are appropriate. If you
are being restrained you must be monitored continuously.
Letters and telephone calls
You can contact people by letter or telephone. Your mail will not be opened.
Transfer
You may be transferred to a different mental health service if your
psychiatrist believes that you would benefit from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Mental Health
Review Board. If you are transferred before the appeal is heard, the Board
will decide whether you should be returned to the original service when it
hears the appeal.
Restricted community treatment orders
If your psychiatrist or the chief psychiatrist believes that you can live in the
community while you receive the treatment you need, you may be placed on
a restricted community treatment order. To find out more about these orders,
read the section in this statement on restricted community treatment orders
and ask a member of the treating team to explain them.
Discharge from the restricted involuntary treatment order
If the chief psychiatrist is satisfied that any of the criteria for a restricted
involuntary treatment order no longer apply to you, you must be discharged
from the order and you will be free to leave. However, if both you and your
psychiatrist think that you would benefit from further treatment at the mental
health service, you can ask to stay on a voluntary basis.
If at any time you want to be discharged from the restricted involuntary
treatment order, you should talk to your psychiatrist or other members of the
treating team, or you can appeal to the Mental Health Review Board.
Whether or not you appeal, the Board will initially review the order within
8 weeks of you being placed on a restricted involuntary treatment order and
then at least every 12 months if you continue on the order. Your psychiatrist
will also regularly review you to see if you should be discharged.
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RESTRICTED COMMUNITY TREATMENT ORDERS
This section of the statement contains information about your rights and
entitlements if you are placed on a restricted community treatment order.
A restricted community treatment order (RCTO) is an order under the
Mental Health Act 1986 that enables a person on a restricted involuntary
treatment order to live in the community while he or she receives treatment
for his or her mental illness.
If your psychiatrist or the chief psychiatrist believes you can obtain the
treatment you need while you live in the community, you will be placed on a
RCTO. You will still be on a restricted involuntary treatment order, even
though you are living in the community on a RCTO.
Planning for a restricted community treatment order
Your psychiatrist or the chief psychiatrist will talk to you about the RCTO
and the reasons for it. You can be involved in planning the order and your
preferences will be taken into consideration. For example, you may have a
particular doctor who you wish to supervise the order. Your psychiatrist or
the chief psychiatrist will tell you when the order has been made. If your
psychiatrist makes the RCTO, the psychiatrist must also tell the chief
psychiatrist.
Treatment plan
Your psychiatrist will prepare a new treatment plan. The treatment plan will
include an assessment about your needs for continuing treatment and support
in the community and the best way these can be met.
You can be involved in planning your treatment and the psychiatrist will
consider your preferences and concerns. Your psychiatrist or another
member of the treating team will discuss your treatment plan with you and
give you a copy. The plan will include—

an outline of your treatment;

the name of the psychiatrist who will monitor your treatment;

the name of the doctor who will supervise your treatment;

the name of your case manager;

the place and times at which you are to receive treatment;

how often the supervising doctor must report on your treatment to the
monitoring psychiatrist;

anything else your psychiatrist thinks is appropriate.
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Conditions of the restricted community treatment order
You will be given a copy of the RCTO. The order will last until it is either
revoked or discharged, or until your restricted involuntary treatment order is
discharged or expires. The RCTO sometimes states where you must live.
The order may also specify any conditions that your psychiatrist or the chief
psychiatrist considers appropriate.
Your psychiatrist or the chief psychiatrist may vary these conditions from
time to time, and must discuss the reasons with you.
If you are unhappy with any of the conditions, you should talk to a member
of the treating team or you can appeal to the Mental Health Review Board.
Revoking the restricted community treatment order
If you do not comply with your RCTO or your treatment plan, members of
the treating team will try to help you to comply. However, if there is a
significant risk that your health will get worse because of your noncompliance, your psychiatrist or the chief psychiatrist may revoke the RCTO
and you must return to the mental health service for treatment.
Your RCTO may also be revoked if your psychiatrist or the chief psychiatrist
believes that your illness would be better treated in a mental health service.
If your RCTO is revoked, reasonable efforts will be made to tell you and you
must then go to the mental health service.
Discharging the restricted community treatment order
If the chief psychiatrist believes that any of the criteria for being on a
restricted involuntary treatment order no longer apply to you, you must be
discharged from the RCTO and from the restricted involuntary treatment
order. You can discuss continuing treatment on a voluntary basis with your
case manager or psychiatrist.
If at any time you want to be discharged from the RCTO, you should talk to
your psychiatrist or other members of the treating team, or you can appeal to
the Mental Health Review Board. Whether or not you appeal, the Board will
initially review the order within 8 weeks of you being placed on a restricted
involuntary treatment order and then at least every 12 months if you continue
on the order. The Board will also review your RCTO if you have been on it
for 12 months. Your psychiatrist will also regularly review you to see if you
should be discharged.
APPEAL AND REVIEW: THE MENTAL HEALTH REVIEW BOARD
This section of the statement contains information about your rights and
entitlements to appeal and review by the Mental Health Review Board.
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The functions of the Board
The Mental Health Review Board is an independent tribunal that—

hears appeals from patients on restricted involuntary treatment orders
who want to be discharged from the order;

reviews all patients on restricted involuntary treatment orders within
8 weeks of being placed on the order to decide if they can be
discharged;

reviews all patients on restricted involuntary treatment orders at least
every 12 months to decide if they can be discharged;

reviews patients who have been on a restricted community treatment
order for 12 months; and

hears appeals from patients who do not want to be transferred to a
different mental health service.
At each appeal or review, the Board will also review your treatment plan.
Your right to appeal to the Board
It is your right to appeal to the Mental Health Review Board at any time.
If you want to appeal, ask a member of the treating team for an appeal form,
fill it in and ask the team member to send it to the Board. If no appeal form
is available, you can write a letter or email an appeal to the Board that sets
out your name, the name of the mental health service and what you want to
appeal about. The Board must hear your appeal without delay. If you need
help to fill in the form or with anything else, you should ask a member of the
treating team, a friend, a family member, a lawyer or a community visitor to
help you.
The Board's contact details
To fax, mail or email an appeal to the Board, or to find out further
information, use the contact details below—
Executive Officer
Mental Health Review Board
[insert appropriate contact details]
Preparing for the Board hearing
The Board will send you a notice advising the date, time and place at which
your review or appeal will be heard. Your psychiatrist and case manager will
also be notified of the hearing. It is your right to attend the hearing unless the
Board decides that this would be bad for your health. You are encouraged to
attend and present your case and you can have someone attend to offer
support or speak for you, for example, an advocate, a lawyer, a private
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doctor, a friend or a family member. If you are unable to attend the hearing,
you should tell the Board as soon as possible.
Before the hearing, read the documents that will be given to the Board for
your hearing (see below) and think about what you are going to say to the
Board. You may also want to give the Board written information.
Your family and friends or someone you respect may wish to write letters or
come to the hearing in support of your appeal or review.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Board.
The Board will arrange an interpreter if necessary.
Organisations that may be able to help you with your appeal or review are
described at the end of this statement.
Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the Board for your hearing, including your clinical
file and your psychiatrist's report to the Board, at least 24 hours before the
hearing.
However, your psychiatrist can apply to the Board to prevent you from
seeing a document or part of a document if it is believed that—

seeing the document will cause serious harm to your health or the
health or safety of another person; or

the information in a document was given in confidence or is personal
information about another person.
If an application is made to prevent you seeing a document or part of a
document, a member of the treating team will tell you and explain the
process. The Board will make the final decision whether you see the whole
document or part of the document or none of the document.
If the Board decides you should not see a document or part of any document,
it may allow your representative to see it instead.
The Board hearing
Hearings are held either at hospitals or community mental health services.
Your hearing will usually be heard by 3 Board members—a lawyer, a
psychiatrist and a community member. If the hearing is the annual review
of you being on a restricted involuntary treatment order, it may be conducted
by one person—a lawyer, a psychiatrist or a community member of the
Board.
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The hearing will be informal and private, unless the Board decides that it is
in your best interests or the public interest for the hearing to be open.
Your doctor and other members of the treating team will give information to
the Board. You and your representative will be able to ask questions and
explain your side of the case, for example, why you believe you should not
be on a restricted involuntary treatment order.
The Board will primarily consider your current mental condition and will
also consider your medical, psychiatric and forensic history and your social
circumstances when making its decision.
If you are an inpatient and too ill to attend the hearing, the Board may visit
you in your ward.
The Board's decision on appeal or review
The Board must decide whether all the criteria for a Restricted Involuntary
Treatment Order still apply to you.
Discharge from involuntary status
If any of the criteria for a restricted involuntary treatment order do not apply
to you, you will be discharged from the order. If you were on a restricted
community treatment order, you will also be discharged from that order.
You can discuss continuing treatment on a voluntary basis with your case
manager or psychiatrist. If you were an inpatient, you will be free to leave
the mental health service. However, if both you and your psychiatrist think
you would benefit from further treatment at the mental health service, you
can ask to stay on a voluntary basis.
Continuation of involuntary status
If the Board decides that all the criteria for being on a restricted involuntary
treatment order still apply to you, you will continue to receive treatment as an
involuntary patient.
If you are an inpatient and the Board considers that the treatment you need
can be obtained through a restricted community treatment order (RCTO), it
may order your psychiatrist to place you on a RCTO.
If you are on a RCTO, the Board can vary the conditions of the order. If the
Board revokes your RCTO, you must return to the mental health service.
The Board will also review your treatment plan to decide whether the proper
procedures have been followed in making the plan. For example, were your
wishes taken into account and did the psychiatrist consider alternative
treatments? The Board must be satisfied that the mental health service can
implement the plan.
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At the end of the hearing, the Board will tell you its decision and the reasons
for it. You will be given a written copy of the decision. If you want written
reasons for the decision, you must request these in writing from the Board
within 28 days and the Board must provide you with a statement of reasons
within 14 days of your request. You can appeal again to the Board at any
time.
Review of the Board's decision
If you disagree with the Board's decision you can apply to the Victorian Civil
and Administrative Tribunal (VCAT) for a review of the Board's decision.
VCAT is an independent tribunal with the power to confirm or overturn the
decision of the Board.
Applications must be made in writing within 28 days of receiving the Board's
decision or, if you requested a statement of reasons from the Board, within
28 days of receiving that statement, to—
Victorian Civil and Administrative Tribunal
[insert appropriate contact details]
Organisations that may be able to help you with an application are described
at the end of this statement.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you can complain.
A good place to start is with your case manager, primary nurse or another
member of the treating team, the complaints liaison officer or consumer
consultant in the hospital or the Director of Psychiatry at the mental health
service.
You can also complain directly to the Health Services Commissioner or to
the chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
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IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 The Mental Health Review Board is an independent tribunal that hears
appeals from involuntary patients, patients on restricted involuntary
treatment orders and security patients who want to be discharged from
their involuntary treatment status. It also automatically reviews these
patients.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Mental
Health Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
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 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]

The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]

The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
You can also ask your case manager or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 9
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—SECURITY PATIENT
Mental Health Act 1986
Mental Health Regulations 2008
Section 18
Regulation 9(c) Schedule 9
IN SUMMARY
When you are a security patient you—

will have a treatment plan and can be involved in planning your
treatment;

have a right to obtain a second opinion from a psychiatrist about your
treatment;

have a right to appeal to the Mental Health Review Board against
being a security patient;

have a right to obtain legal advice and have a lawyer represent you;

can talk to and have a friend or family member represent you;
 can complain about your treatment;

have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement provides information about being a security patient and your
legal rights and entitlements under the Mental Health Act 1986.
A member of the treating team will talk to you about this information and
answer your questions.
The information must be explained in a language or manner that you can
understand. This statement is also translated into a number of languages.
You can ask a member of the treating team if it is available in your preferred
language. Copies of the Mental Health Act 1986 are available at the mental
health service.
If at any time you have questions about your rights, ask someone to explain.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor.
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Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Mental Health Act 1986 you may be detained in a
mental health service if it is necessary to protect your health or safety or the
safety of others. However, any restrictions on your liberty and any
interference with your rights, privacy, dignity and self-respect must be kept
to the minimum necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
SECURITY PATIENTS
You have been admitted to a mental health service as a security patient so
you can receive treatment for a mental illness.
Mental illness is defined in the Mental Health Act 1986 as a medical
condition that is characterised by a significant disturbance of thought, mood,
perception or memory.
There are 2 ways you may have been admitted as a security patient.
A member of the treating team will tell you which of the following orders
applies to you and tick the correct box.

1. Restricted hospital transfer order
You have been transferred to a mental health service from prison, a police
gaol, a remand centre, a youth residential centre or a youth justice centre.
A psychiatrist examined you and found that all of the following criteria for
being a security patient apply to you—

you appear to be mentally ill; and

your mental illness needs immediate treatment which can be obtained
through a restricted hospital transfer order; and

because of your mental illness, you need to be detained and treated in
the mental health service for your health or safety (whether to prevent
a deterioration in your physical or mental condition or otherwise) or
for the protection of members of the public.
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
2. Hospital security order
You have been found guilty of an offence and the court has sentenced you to
be detained and treated in a mental health service for the time specified in the
order. A psychiatrist examined you and found that all of the following
criteria for being a security patient apply to you—

you appear to be mentally ill; and

your mental illness needs treatment which can be obtained through a
Hospital Security Order; and

because of your mental illness, you need to be detained and treated in
the mental health service for your health or safety (whether to prevent
a deterioration in your physical or mental condition or otherwise) or
for the protection of members of the public.
Once you are admitted as a security patient, you must remain in the mental
health service and receive treatment for mental illness.
TREATMENT
Your psychiatrist will prepare a treatment plan that is designed to meet your
specific needs. You can be involved in planning your treatment and your
psychiatrist will consider your preferences and concerns. The psychiatrist
will also take into account the wishes of any guardian, family member or
primary carer who is involved in providing ongoing care to you (unless you
object), any beneficial alternative treatments and any significant risks of the
treatment.
If your psychiatrist believes a particular psychiatric treatment is necessary,
that treatment can be given to you, even if you refuse. If this happens, your
psychiatrist will explain why the treatment is necessary. Your psychiatrist or
another member of the treating team will discuss your treatment plan with
you and give you a copy.
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and update
your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing your
treatment with your psychiatrist.
Family members and other caregivers can provide valuable support and care
to you while you are receiving treatment for your illness. Generally, they
will only be given information about your treatment and care if you agree.
However, if a guardian, family member or your primary carer needs
information to care for you, a member of the treating team can give them the
information, even if you don't agree.
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Second opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case coordinator or psychiatrist can arrange this from within
the mental health service, or they can help you choose your own psychiatrist.
If you choose a private psychiatrist you may have to pay a fee. You can
discuss the second opinion with your treating psychiatrist. However, your
treating psychiatrist is responsible for making the final decision about the
treatment you receive.
Access to information
It is your right under freedom of information and privacy laws to apply for
access to documents about your personal information that the mental health
service holds.
If you wish to access the information, you can ask a member of the treating
team or the mental health service's freedom of information officer to help you
make an application.
Organisations that may be able to help you with a freedom of information
application are described at the end of this statement.
Leave
Leave allows security patients to leave the mental health service for a variety
of purposes, including medical appointments, court appearances and
rehabilitation programs. Leave is always subject to security conditions and
time limits. There are 2 types of leave: special leave and leave of absence.
Special leave
Special leave is for specific purposes and cannot exceed 24 hours, or 7 days
in the case of medical treatment. You or someone on your behalf can apply
to the chief psychiatrist stating the special circumstances for which you need
special leave. If the chief psychiatrist is satisfied there are special
circumstances and the safety of members of the public will not be seriously
endangered, the special leave must be granted. If the chief psychiatrist
refuses you special leave, you can appeal to the Mental Health Review
Board.
Leave of absence
Leave of absence is for longer periods—up to 6 months—and is generally
used to help with your rehabilitation and to prepare you for your return to the
community at the end of your sentence. The Secretary to the Department of
Justice grants leave of absence. If you would like to have leave of absence,
you should talk to a member of the treating team about how to make an
application. The Secretary to the Department of Justice will make the final
decision about a request for leave.
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Seclusion and restraint
Seclusion
Seclusion is when a person is kept alone in a room where the doors and
windows are locked from the outside. This only happens if it is necessary to
protect the person or others from an immediate or imminent risk to their
health or safety or to prevent the person from absconding. It is only used
when other ways of ensuring safety have failed.
Mechanical restraint
Mechanical restraint is the use of a device, such as a harness or straps, to
restrict a person's freedom to move about. Restraint may be used to enable a
person to be medically treated, to prevent the person from injuring himself or
herself or others or to prevent the person from persistently destroying
property.
Approval and monitoring of seclusion and mechanical restraint
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior registered nurse on duty. They can only
be used for as long as the above reasons apply.
If you are put in a seclusion room or are restrained, staff must give you
appropriate bedding, clothing, food and drink at the appropriate times.
You can ask staff for food and drink when you want them. They must also
provide you with adequate toilet arrangements, including the opportunity to
wash.
A nurse must review your physical and mental condition at least every
15 minutes. A doctor must also examine you at least every 4 hours, unless
your psychiatrist thinks less frequent examinations are appropriate. If you
are being restrained you must be monitored continuously.
Security conditions
While you are in the mental health service, you are in the custody of your
psychiatrist who may apply any security conditions that are considered
necessary, for example limiting your phone calls or opening your mail.
Security conditions are applied to ensure your health or safety or for the
protection of members of the public.
Letters and telephone calls
You can contact people by letter or telephone, unless your psychiatrist has
applied a security condition to you.
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Transfer
You may be transferred to a different mental health service if the chief
psychiatrist believes that you would benefit from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Mental Health
Review Board. If you are transferred before the appeal is heard, the Board
will decide whether you should be returned to the original service when it
hears the appeal.
Discharge from security patient status
You can be held in the mental health service as a security patient only as long
as you would have been held at your original place of detention. You will no
longer be a security patient if the term of your sentence ends, you are released
from custody by a court, you are granted bail, or your hospital security order
ends. You can discuss continuing treatment with your case coordinator or
psychiatrist.
If the chief psychiatrist is satisfied that any of the criteria for being a security
patient no longer apply to you and your continued detention as a security
patient is no longer necessary, you may be discharged and returned to your
original place of detention. If you are on a hospital security order you will be
sent to prison to serve the rest of your sentence, or if you were granted parole
while in the mental health service, you will be released into the community.
If at any time you want to be discharged from the mental health service, you
should talk to your psychiatrist or other members of the treating team, or you
can appeal to the Mental Health Review Board. Whether or not you appeal,
the Board will initially review you within 8 weeks of your admission and
then at least every 12 months if you continue as a security patient.
Your psychiatrist will also regularly review you to see if you should be
discharged.
APPEAL AND REVIEW: THE MENTAL HEALTH REVIEW BOARD
This section of the statement has information about your rights and
entitlements to appeal and review by the Mental Health Review Board.
The functions of the Board
The Mental Health Review Board is an independent tribunal that—

hears appeals from security patients who want to be discharged;

reviews all security patients within 8 weeks of their admission to
decide if they can be discharged;

reviews all security patients at least every 12 months to decide if they
can be discharged;
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
hears appeals from patients who do not want to be transferred to a
different mental health service;

hears appeals from security patients who have been refused special
leave by the chief psychiatrist.
At each appeal or review, the Board will also review your treatment plan.
Your right to appeal to the Board
It is your right to appeal to the Mental Health Review Board at any time.
If you want to appeal, ask a member of the treating team for an appeal form,
fill it in and ask the team member to send it to the Board. If no appeal form
is available, you can write a letter or email an appeal to the Board that sets
out your name, the name of the mental health service and what you want to
appeal about. The Board must hear your appeal without delay. If you need
help to fill in the form or with anything else, you should ask a member of the
treating team, a friend, a family member, a lawyer or a community visitor to
help you.
The Board's contact details
To fax, mail or email an appeal to the Board, or to find out further
information, use the contact details below—
Executive Officer
Mental Health Review Board
[insert appropriate contact details]
Preparing for the Board hearing
The Board will send you a notice advising the date, time and place at which
your review or appeal will be heard. Your psychiatrist and case coordinator
will also be notified of the hearing. It is your right to attend the hearing
unless the Board decides that this would be bad for your health. You are
encouraged to attend and present your case and you can have someone attend
to offer support or speak for you, for example, an advocate, a lawyer, a
private doctor, a friend or a family member. If you are unable to attend the
hearing, you should tell the Board as soon as possible.
Before the hearing, read the documents that will be given to the Board
for your hearing (see below) and think about what you are going to say to
the Board. You may also want to give the Board written information.
Your family and friends or someone you respect may wish to write letters or
come to the hearing in support of your appeal or review.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Board.
The Board will arrange an interpreter if necessary.
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Organisations that may be able to help you with your appeal or review are
described at the end of this statement.
Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the Board for your hearing, including your clinical
file and your psychiatrist's report to the Board, at least 24 hours before the
hearing.
However, your psychiatrist may apply to the Board to prevent you from
seeing a document or part of a document if it is believed that—

seeing the document will cause serious harm to your health or the health
or safety of another person; or

the information in a document was given in confidence or is personal
information about another person.
If an application is made to prevent you seeing a document or part of a
document, a member of the treating team will tell you and explain the
process. The Board will make the final decision whether you see the whole
document or part of the document or none of the document.
If the Board decides you should not see a document or part of any document,
it may allow your representative to see it instead.
The Board hearing
Hearings will be held at the mental health service. Your hearing will usually
be heard by 3 Board members—a lawyer, a psychiatrist and a community
member. If the hearing is the annual review of your being a security patient,
it may be conducted by one person—a lawyer, a psychiatrist or a community
member of the Board.
The hearing will be informal and private, unless the Board decides that it is
in your best interests or the public interest for the hearing to be open.
Your doctor and other members of the treating team will give information to
the Board. You and your representative will be able to ask questions and
explain your side of the case, for example, why you believe you should not
be a security patient.
The Board will primarily consider your current mental condition and will
also consider your medical and psychiatric history and your social
circumstances when making its decision.
If you are too ill to attend the hearing, the Board may visit you in your ward.
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The Board's decision on appeal or review of security patient status
The Board must decide whether all the criteria for being a security patient
still apply to you and whether your continued detention as a security patient
is still necessary.
Discharge from security patient status
If the Board is satisfied that any of the criteria for being a security patient no
longer apply to you and your continued detention as a security patient is not
necessary, you will be discharged and—

if you are on a restricted hospital transfer order, you will be returned to
your original place of detention; or

if you are on a hospital security order you will be sent to prison to
serve the rest of your sentence, or if you were granted parole while in
the mental health service, you will be released into the community.
If you are discharged, you can discuss continuing treatment on a voluntary
basis with your case coordinator or psychiatrist.
Continuation of security patient status
If the Board doesn't discharge you, you will continue to receive treatment as a
security patient.
The Board will also review your treatment plan to decide whether the proper
procedures have been followed in making the plan. For example, were your
wishes taken into account and did the psychiatrist consider alternative
treatments? The Board must be satisfied that the mental health service can
implement the plan.
At the end of the hearing, the Board will advise you of its decision and the
reasons for it. You will be given a written copy of the order. If you want
written reasons for the decision, you must request these in writing from the
Board within 28 days and the Board must provide you with a statement of
reasons within 14 days of your request. You can appeal again to the Board at
any time.
Review of the Board's decision
If you disagree with the Board's decision you can apply to the Victorian Civil
and Administrative Tribunal (VCAT) for a review of the Board's decision.
VCAT is an independent tribunal with the power to confirm or overturn the
decision of the Board.
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Applications must be made in writing within 28 days of receiving the Board's
decision or, if you requested a statement of reasons from the Board, within
28 days of receiving that statement to—
Victorian Civil and Administrative Tribunal
[insert appropriate contact details]
Organisations that may be able to help you with an application are described
at the end of this statement.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you can complain.
A good place to start is with your case coordinator, primary nurse or another
member of the treating team, the complaints liaison officer or consumer
consultant in the hospital or the Director of Psychiatry at the mental health
service.
You can also complain directly to the Health Services Commissioner or to
the chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 The Mental Health Review Board is an independent tribunal that hears
appeals from involuntary patients, patients on restricted involuntary
treatment orders and security patients who want to be discharged from
their involuntary treatment status. It also automatically reviews these
patients.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
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 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It might be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Mental
Health Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]
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
The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]

The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
You can also ask your case coordinator or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 10
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—CONTINUING TREATMENT
INVOLUNTARY PATIENT (SECTION 12A–12D)
Mental Health Act 1986
Section 18
Mental Health Regulations 2008
Regulation 9(d) Schedule 10
IN SUMMARY
When you are a continuing treatment involuntary patient you—
 will have a treatment plan and can be involved in planning your
treatment;
 have a right to obtain a second opinion from a psychiatrist about your
treatment;
 have a right to appeal to the Mental Health Review Board against being
a continuing treatment involuntary patient;
 have a right to obtain legal advice and have a lawyer represent you;
 can talk to and have a friend or family member represent you;
 can complain about your treatment;
 have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement provides information about being a continuing treatment
involuntary patient and your legal rights and entitlements under the Mental
Health Act 1986.
A member of the treating team will talk to you about this information and
answer your questions. The information must be explained in a language or
way that you can understand.
Copies of the Mental Health Act 1986 are available at the mental health
service.
If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
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Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Mental Health Act 1986 you may be detained in a
mental health service if it is necessary to protect your health or safety or the
safety of others. However, any restrictions on your liberty and any
interference with your rights, privacy, dignity and self-respect must be kept
to the minimum necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
CONTINUING TREATMENT INVOLUNTARY PATIENTS
You are being detained in the mental health service so you can receive
treatment for a mental disorder.
You were first placed on an involuntary treatment order, but that order has
now been discharged. However, you are still being detained because your
psychiatrist or the chief psychiatrist believes that all of the following criteria
for continuing treatment apply to you—

you appear to have a mental disorder; and

you would cause serious physical harm to yourself if you are not
detained and treated in the mental health service; and

treatment can be obtained for your mental disorder in the mental health
service.
To have decided these things, your psychiatrist or the chief psychiatrist
would have talked with you, considered your recent behaviour and may have
sought information from members of the treating team, members of your
family, your primary carer or a guardian (if you have one).
Application for continuing treatment
Your psychiatrist or the chief psychiatrist may apply for you to be detained in
the mental health service for a period of up to 3 months.
The Secretary to the Department of Human Services will arrange for a
committee of 3 psychiatrists to make a decision about the application.
The chief psychiatrist will be a member of the committee and there will be
2 other independent psychiatrists.
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Each member of the committee will examine you to decide whether or not
you should continue to be detained and treated. The committee must make
its decision within 7 days of the application being made. If it does not make
a decision within that time you will be discharged from being a continuing
treatment involuntary patient.
If the committee believes that all of the criteria for continuing treatment
apply to you, the committee will consent to your continuing detention and
treatment for a period of up to 3 months. At the end of that time, your
psychiatrist or the chief psychiatrist can apply to have your detention
extended for another period of up to 3 months. There is no limit to the
number of times an order can be extended.
If the committee does not believe that all of the criteria for continuing
treatment apply to you, your psychiatrist must discharge you and you will be
free to leave. You can then discuss continuing treatment on a voluntary basis
with your case manager or psychiatrist.
TREATMENT
Your psychiatrist will prepare a treatment plan that is designed to meet your
specific needs. You can be involved in planning your treatment and your
psychiatrist will consider your preferences and concerns. The psychiatrist
will also take into account the wishes of any guardian, family member or
primary carer who is involved in providing ongoing care to you (unless you
object), any beneficial alternative treatments and any significant risks of the
treatment.
If your psychiatrist believes a particular psychiatric treatment is necessary,
that treatment can be given to you, even if you refuse. If this happens, your
psychiatrist will explain why the treatment is necessary. Your psychiatrist or
another member of the treating team will discuss your treatment plan with
you and give you a copy.
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and update
your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing your
treatment with your psychiatrist.
Family members and other caregivers can provide valuable support and care
to you while you are receiving treatment for your illness. Generally, they
will only be given information about your treatment and care if you agree.
However, if a guardian, family member or your primary carer needs
information to care for you, a member of the treating team can give them the
information, even if you don't agree.
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Second opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this from within
the mental health service, or they can help you choose your own psychiatrist.
If you choose a private psychiatrist you may have to pay a fee. You can
discuss the second opinion with your treating psychiatrist. However, your
treating psychiatrist is responsible for making the final decision about the
treatment you receive.
Access to information
It is your right under freedom of information and privacy laws to apply for
access to documents about your personal information that the mental health
service holds.
If you wish to access the information, you can ask a member of the treating
team or the mental health service's freedom of information officer to help you
make an application.
Organisations that may be able to help you with a freedom of information
application are described at the end of this statement.
Leave of absence
You may be allowed to leave the mental health service for a short time
(for example, a few hours, overnight or a weekend) to visit family or friends
or for some other purpose. If you would like to have leave, you should talk
to a member of the treating team. Your psychiatrist will make the final
decision about a request for leave.
Seclusion and Restraint
Seclusion
Seclusion is when a person is kept alone in a room where the doors and
windows are locked from the outside. This only happens if it is necessary to
protect the person or others from an immediate or imminent risk to their
health or safety or to prevent the person from absconding. It is only used
when other ways of ensuring safety have failed.
Mechanical restraint
Mechanical restraint is the use of a device, such as a harness or straps, to
restrict a person's freedom to move about. Restraint may be used to enable a
person to be medically treated, to prevent the person from injuring himself or
herself or others or to prevent the person from persistently destroying
property.
Approval and monitoring of seclusion and mechanical restraint
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior registered nurse on duty. They can only
be used for as long as the above reasons apply.
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If you are put in a seclusion room or are restrained, staff must give you
appropriate bedding, clothing, food and drink at the appropriate times.
You can ask staff for food and drink when you want them. They must also
provide you with adequate toilet arrangements, including the opportunity to
wash.
A nurse must review your physical and mental condition at least every
15 minutes. A doctor must also examine you at least every 4 hours, unless
your psychiatrist thinks less frequent examinations are appropriate. If you
are being restrained you must be monitored continuously.
Letters and telephone calls
You can contact people by letter or telephone. Your mail will not be opened.
Transfer
You may be transferred to a different mental health service if your
psychiatrist believes that you would benefit from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Mental Health
Review Board. If you are transferred before the appeal is heard, the Board
will decide whether you should be returned to the original service when it
hears the appeal.
Discharge from continuing treatment involuntary patient status
If the chief psychiatrist believes that any of the criteria for continuing
treatment no longer apply to you, you must be discharged from being a
continuing treatment involuntary patient and you will be free to leave.
However, if both you and your psychiatrist think that you would benefit from
further treatment at the mental health service, you can ask to stay in the
service on a voluntary basis.
If at any time you want to be discharged from being a continuing treatment
involuntary patient, you should talk to your psychiatrist or other members of
the treating team, or you can appeal to the Mental Health Review Board.
Whether or not you appeal, the Board will initially review you within 14 days
of the committee consenting to you becoming a continuing treatment
involuntary patient and then at least every 12 months until you are
discharged. Your psychiatrist will also regularly review you to see if you
should be discharged.
APPEAL AND REVIEW: THE MENTAL HEALTH REVIEW BOARD
This section of the statement contains information about your rights and
entitlements to appeal and review by the Mental Health Review Board.
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The functions of the Board
The Mental Health Review Board is an independent tribunal that—

hears appeals from continuing treatment involuntary patients who want
to be discharged;

reviews all continuing treatment involuntary patients within 14 days of
the committee's consent to continuing involuntary treatment, to decide if
they can be discharged;

reviews all continuing treatment involuntary patients at least every
12 months to decide if they can be discharged;

hears appeals from patients who do not want to be transferred to a
different mental health service.
At each appeal or review, the Board will also review your treatment plan.
Your right to appeal to the Board
It is your right to appeal to the Mental Health Review Board at any time.
If you want to appeal, ask a member of the treating team for an appeal form,
fill it in and ask the team member to send it to the Board. If no appeal form
is available, you can write a letter or email to the Board that sets out your
name, the name of the mental health service and what you want to appeal
about. The Board must hear your appeal without delay. If you need help to
fill in the form or with anything else, you should ask a member of the treating
team, a friend, a family member, a lawyer or a community visitor to help you.
The Board's contact details
To fax, mail or email an appeal to the Board, or to find out further
information, use the contact details below—
Executive Officer
Mental Health Review Board
[insert appropriate contact details]
Preparing for the Board hearing
The Board will send you a notice advising the date, time and place at which
your review or appeal will be heard. Your psychiatrist and case manager will
also be notified of the hearing. It is your right to attend the hearing unless the
Board decides that this would be bad for your health. You are encouraged to
attend and present your case and you can have someone attend to offer
support or speak for you, for example, an advocate, a lawyer, a private
doctor, a friend or a family member. If you are unable to attend the hearing,
you should tell the Board as soon as possible.
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The Board will also notify the Public Advocate about the hearing.
The Public Advocate may be able to offer you advice and assistance and can
be contacted on [insert telephone number].
Before the hearing, read the documents that will be given to the Board for
your hearing (see below) and think about what you are going to say to the
Board. You may also want to give the Board written information.
Your family and friends or someone you respect may wish to write letters or
come to the hearing in support of your appeal or review.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Board.
The Board will arrange for an interpreter if necessary.
Organisations that may be able to help you with your appeal or review are
described at the end of this statement.
Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the Board for your hearing, including your clinical
file and your psychiatrist's report to the Board, at least 24 hours before the
hearing.
However, your psychiatrist may apply to the Board to prevent you from
seeing a document or part of a document if it is believed that—

seeing the document will cause serious harm to your health or the
health or safety of another person; or

the information in a document was given in confidence or is personal
information about another person.
If an application is made to prevent you seeing a document or part of a
document, a member of the treating team will tell you about this and explain
the process. The Board will make the final decision whether you see the
whole document or part of the document or none of the document.
If the Board decides you should not see a document or part of any document,
it may allow your representative to see it instead.
The Board hearing
Hearings will be held at the mental health service. Your hearing will usually
be heard by 3 Board members—a lawyer, a psychiatrist and a community
member. If the hearing is the annual review of you being a continuing
treatment involuntary patient, it may be conducted by one person—a lawyer,
a psychiatrist or a community member of the Board.
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The hearing will be informal and private, unless the Board decides that it is in
your best interests or the public interest for the hearing to be open.
Your doctor and other members of the treating team will give information to
the Board. You and your representative will be able to ask questions and
explain your side of the case, for example, why you believe you should not
be a continuing treatment involuntary patient.
The Board will primarily consider your current mental condition and will
also consider your medical and psychiatric history and your social
circumstances when making its decision.
If you are too ill to attend the hearing, the Board may visit you in your ward.
The Board's decision on appeal or review of continuing treatment
involuntary patient status
The Board must decide whether all the criteria for being a continuing
treatment involuntary patient still apply to you and whether your continued
detention is still necessary.
Discharge from continuing treatment involuntary patient status
If the Board is satisfied that any of the criteria for being a continuing
treatment involuntary patient no longer apply to you and your continued
detention is not necessary, you will be discharged and will be free to leave
the mental health service. However, if both you and your psychiatrist think
you would benefit from further treatment at the mental health service, you
can ask to stay on a voluntary basis.
Continuation of continuing treatment involuntary patient status
If the Board doesn't discharge you, you will continue to receive treatment as a
continuing treatment involuntary patient.
The Board will also review your treatment plan to decide whether the proper
procedures have been followed in making the plan. For example, were your
wishes taken into account and did the psychiatrist consider alternative
treatments? The Board must be satisfied that the mental health service can
implement the plan.
At the end of the hearing, the Board will tell you its decision and the reasons
for it. You will be given a written copy of the decision. If you want written
reasons for the decision, you must request these in writing from the Board
within 28 days and the Board must provide you with a statement of reasons
within 14 days of your request. You can appeal again to the Board at any
time.
Review of the Board's decision
If you disagree with the Board's decision you can apply to the Victorian Civil
and Administrative Tribunal (VCAT) for a review of the Board's decision.
VCAT is an independent tribunal with the power to confirm or overturn the
decision of the Board.
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Applications must be made in writing within 28 days of receiving the Board's
decision or, if you requested a statement of reasons from the Board, within
28 days of receiving that statement, to—
Victorian Civil and Administrative Tribunal
[insert appropriate contact details]
Organisations that may be able to help you with an application are described
at the end of this statement.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you can complain.
A good place to start is with your case manager, primary nurse or another
member of the treating team, the complaints liaison officer or consumer
consultant in the hospital or the Director of Psychiatry at the mental health
service.
You can also complain directly to the Health Services Commissioner or to
the chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 The Mental Health Review Board is an independent tribunal that hears
appeals from continuing treatment involuntary patients, involuntary
patients, patients on restricted involuntary treatment orders and security
patients who want to be discharged from their involuntary treatment
status. It also automatically reviews these patients.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
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 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Mental
Health Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]
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 The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
 The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
You can also ask your case manager or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 11
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—FORENSIC PATIENT
Mental Health Act 1986
Section 18
Mental Health Regulations 2008
Regulation 9(e) Schedule 11
IN SUMMARY
When you are a forensic patient you—
 will have a treatment plan and can be involved in planning your
treatment;
 have a right to obtain a second opinion from a psychiatrist about your
treatment;
 have a right to obtain legal advice and have a lawyer represent you;
 can talk to and have a friend or family member represent you;
 can complain about your treatment;
 have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement provides information about being a forensic patient and your
legal rights and entitlements under the Mental Health Act 1986.
The statement also provides information about rights and entitlements some
forensic patients have under the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997 and the Crimes Act 1914 of the
Commonwealth.
A member of the treating team will talk to you about this information and
answer your questions.
The information must be explained in a language or manner that you can
understand. This statement is also translated into a number of languages.
You can ask a member of the treating team if it is available in your preferred
language. Copies of the Mental Health Act 1986 and the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 are available at the
mental health service.
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If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997 you may be detained in a mental health service. However,
any restrictions on your liberty and any interference with your rights, privacy,
dignity and self-respect must be kept to the minimum necessary in the
circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
FORENSIC PATIENTS
You have been admitted to a mental health service as a forensic patient so
you can receive treatment for a mental disorder.
You were admitted in one of several ways. A member of the treating team
will tell you which of the following applies to you and tick the correct box—
Most forensic patients are admitted under—
 a custodial supervision order. A court has placed you on a custodial
supervision order. The order is not for a fixed period of time, but will end
when the court decides.
Some forensic patients are admitted under—
 a non-custodial supervision order. You have been admitted as a forensic
patient because you failed to comply with your non-custodial supervision
order and your safety or the safety of the public was at serious risk; or you
left Victoria without permission and have been arrested and returned to the
mental health service; or
 a federal forensic patient order. A court has placed you on an order
under the Crimes Act 1914 of the Commonwealth for the time specified in
the order.
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TREATMENT
Your psychiatrist will prepare a treatment plan that is designed to meet your
specific needs. You can be involved in planning your treatment and your
psychiatrist will consider your preferences and concerns. The psychiatrist
will also take into account the wishes of any guardian, family member or
primary carer who is involved in providing ongoing care to you (unless you
object), any beneficial alternative treatments and any significant risks of the
treatment.
If your psychiatrist believes a particular psychiatric treatment is necessary,
that treatment can be given to you, even if you refuse. If this happens, your
psychiatrist will explain why the treatment is necessary. Your psychiatrist or
another member of the treating team will discuss your treatment plan with
you and give you a copy.
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and update
your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing your
treatment with your psychiatrist.
Family members and other caregivers can provide valuable support and care
to you while you are receiving treatment for your illness. Generally, they
will only be given information about your treatment and care if you agree.
However, if a guardian, family member or your primary carer needs
information to care for you, a member of the treating team can give them the
information, even if you don't agree.
Second opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case coordinator or psychiatrist can arrange this from within
the mental health service or they can help you choose your own psychiatrist.
If you choose a private psychiatrist you may have to pay a fee. You can
discuss the second opinion with your treating psychiatrist. However, your
treating psychiatrist is responsible for making the final decision about the
treatment you receive.
Access to information
It is your right under freedom of information and privacy laws to apply for
access to documents about your personal information that the mental health
service holds.
If you wish to access the information, you can ask a member of the treating
team or the mental health service's freedom of information officer to help you
make an application.
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Organisations that may be able to help you with a freedom of information
application are described at the end of this statement.
Seclusion and restraint
Seclusion
Seclusion is when a person is kept alone in a room where the doors and
windows are locked from the outside. This only happens if it is necessary to
protect the person or others from an immediate or imminent risk to their
health or safety or to prevent the person from absconding. It is only used
when other ways of ensuring safety have failed.
Mechanical restraint
Mechanical restraint is the use of a device, such as a harness or straps, to
restrict a person's freedom to move about. Restraint may be used to enable a
person to be medically treated, to prevent the person from injuring himself or
herself or others or to prevent the person from persistently destroying
property.
Approval and monitoring of seclusion and mechanical restraint
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior registered nurse on duty. They can only
be used for as long as the above reasons apply.
If you are put in a seclusion room or are restrained, staff must give you
appropriate bedding, clothing, food and drink at the appropriate times.
You can ask staff for food and drink when you want them. They must also
provide you with adequate toilet arrangements, including the opportunity to
wash.
A nurse must review your physical and mental condition at least every
15 minutes. A doctor must also examine you at least every 4 hours, unless
your psychiatrist thinks less frequent examinations are appropriate. If you
are being restrained you must be monitored continuously.
Security conditions
While you are in the mental health service, your psychiatrist may apply any
security conditions that are considered necessary, for example limiting your
phone calls or opening your mail. Security conditions are applied to ensure
your health or safety or for the protection of members of the public.
Letters and telephone calls
You can contact people by letter or telephone, unless your psychiatrist has
applied a security condition to you.
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Transfer
You may be transferred to a different mental health service if the chief
psychiatrist believes that you would benefit from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Forensic Leave
Panel. If you are transferred before the appeal is heard, the Panel will decide
whether you should be returned to the original service when it hears the
appeal.
Federal forensic patients
If you are a federal forensic patient, you can be transferred to another hospital
or prison if—
 there are urgent medical or security reasons; or
 the Commonwealth Attorney-General orders a transfer.
Reports to court
If you are on a custodial supervision order or a non-custodial supervision
order, a report about your treatment and progress must be sent to the court
that made your supervision order at least every 12 months.
LEAVE
Leave of absence allows forensic patients to leave the mental health service
for a variety of purposes. Leave is always subject to security conditions and
time limits. There are 3 types of short-term leave: special leave of absence,
on-ground leave and limited off-ground leave. Forensic patients on custodial
supervision orders can also apply for long term leave called extended leave.
If at any time you would like to have leave, you should talk to your
psychiatrist or a member of the treating team about how to make an
application.
Special leave
Your psychiatrist can grant special leave of absence. Special leave of
absence is for specific purposes, such as medical treatment, court
appearances or special events (like funerals). Special leave cannot exceed
24 hours, or 7 days in the case of medical treatment.
You or someone on your behalf can apply to your psychiatrist stating the
special circumstances for which you need special leave. If your psychiatrist
is satisfied that there are special circumstances and the safety of members of
the public will not be seriously endangered, the special leave must be
granted. If your psychiatrist refuses to grant you special leave, you can
appeal to the Forensic Leave Panel (see below).
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On-ground leave and limited off-ground leave
To obtain on-ground leave or limited off-ground leave, you must make an
application to the Forensic Leave Panel (see below).
On-ground leave allows forensic patients to leave the mental health service,
but the leave is limited to a defined area around the mental health service
known as the surrounds.
Limited off-ground leave allows forensic patients to go beyond the surrounds
of the mental health service. Generally, limited off-ground leave is only
permitted during the day between the hours of 6.00 am and 9.00 pm. It can
be granted outside these hours, but only for a maximum of 3 days in any
7-day period. Leave may be granted for a period of up to 6 months. At the
end of this time, an application can be made to the Panel to have the leave
renewed.
The purpose of on-ground leave and limited off-ground leave is to help with
the treatment and rehabilitation of forensic patients.
FORENSIC LEAVE PANEL
This section of the statement has information about your rights and
entitlements to apply for leave of absence or appeal to the Forensic Leave
Panel.
The functions of the Panel
The Forensic Leave Panel is an independent tribunal that hears—
 applications for on-ground and limited off-ground leave from forensic
patients;
 appeals from forensic patients who have been refused special leave of
absence by their psychiatrist;
 appeals from forensic patients who do not want to be transferred to a
different mental health service.
Applications to the Forensic Leave Panel
If you would like on-ground leave or limited off-ground leave, you should
talk to the treating team. They will be able to give you advice and discuss
your choices. If your treating team believes you are ready for leave, they will
update your treatment plan and prepare a leave plan. It is important the
treating team is involved because the Forensic Leave Panel will want to know
whether they support your application and how it relates to your treatment
plan and your leave plan.
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To apply for on-ground leave or limited off-ground leave or to appeal against
the refusal of special leave of absence, ask a member of your treating team
for the appropriate form, fill it in and ask the team member to send it to the
Panel. If no forms are available, you can write a letter to the Panel setting out
your name, the name of the mental health service and the type of leave you
want. The application or letter should be mailed or faxed to—
Executive Officer
Forensic Leave Panel
[insert appropriate address and telephone and facsimile numbers]
If you need help to fill in the form or help with anything else, you should ask
a member of the treating team, a friend, a family member, a lawyer or a
community visitor to help you.
Preparing for the Panel hearing
The Panel will arrange for you to be given a notice advising the date, time
and place at which your application will be heard. It is your right to attend
the hearing and present your case, and you are encouraged to do so. You can
have someone attend to offer support or speak for you, for example, an
advocate, a lawyer, a friend or a family member. If you are unable to attend
the hearing, you should tell the Panel as soon as possible.
Before the hearing, read the documents that will be given to the Panel for the
hearing (see below) and think about what you are going to say to the Panel.
You may also want to give the Panel written information. Your family and
friends or someone you respect may wish to write letters or come to the
hearing in support of your application.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Panel.
The Panel will arrange an interpreter if necessary.
Organisations that may be able to help you with your application are
described at the end of this statement.
Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the Panel for your hearing at least 24 hours before
the hearing. These will include your clinical file, your psychiatrist's report, a
profile about you and your leave plan. However, your psychiatrist can apply
to the Panel to prevent you from seeing a document or part of a document if it
is believed that—
 seeing the document will cause serious harm to your health or the health
or safety of another person; or
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 the information in a document was given in confidence; or is personal
information about another person.
If an application is made to prevent you seeing a document or part of a
document a member of the treating team will tell you and explain the process.
The Panel will make the final decision whether you see the whole document
or part of the document or none of the document.
If the Panel decides you should not see a document or part of any document,
it may allow your representative to see it instead.
The Panel hearing
Your hearing will be held at the mental health service. The Panel members
are a judge, a community member, the chief psychiatrist and a medical
practitioner.
The hearing will be informal and private, unless the Panel decides that it is in
your best interests or the public interest for the hearing to be open. The Panel
is not bound by strict rules of practice, such as those in a court, and can
inform itself in any way it thinks fit. Your psychiatrist and other members of
the treating team will give information to the Panel. You and your
representative will be able to ask questions and explain your side of the case,
for example, why you believe you should be given leave of absence.
The Panel's decision
Approval of leave
If the Panel is satisfied that the proposed leave will help your rehabilitation
and your safety or the safety of members of the public will not be seriously
endangered, it may grant your leave. It will place conditions on the leave, for
example, that members of staff escort you at all times. You and your
representative will be given a copy of the order, which will list the type of
leave granted and the conditions of the leave.
Leave can be granted for a period of up to 6 months. At the end of this time,
you can apply to the Panel to have the leave renewed. You can also apply at
any time to have the conditions of the leave varied if your circumstances have
significantly changed, for example, if a new rehabilitation program has
become available.
Refusal of leave
If the Panel refuses your application for leave, you should talk to your case
coordinator or another member of the treating team and discuss the reasons.
They may be able to help you make another application that is more likely be
granted. While you remain a forensic patient, you can apply for leave to the
Panel at any time. Your psychiatrist and other members of the treating team
will also regularly review your progress to see whether to make a new
application for leave.
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Special leave
If you have appealed to the Panel because you have been refused special
leave by your psychiatrist, the Panel may grant the special leave if it believes
that there are special circumstances and the safety of members of the public
will not be seriously endangered.
Transfer
If you have appealed to the Panel against a transfer to another mental health
service, the Panel will decide whether you should be transferred or not.
If you are transferred before the appeal is heard, the Panel will decide
whether you should be returned to the original mental health service when it
hears the appeal.
Reasons for the decision
At the end of the hearing, the Panel will tell you its decision and the reasons
for it. You will be given a written copy of the decision. If you want written
reasons for the Panel's decision, you must request them in writing from the
Panel and the Panel must provide you with a statement of reasons within
14 days of your request.
Suspension of leave
If at any time the chief psychiatrist believes your safety or the safety of
members of the public will be seriously endangered, your leave or part of
your leave can be suspended. You will be told if your leave is suspended.
If you are not already in the mental health service, you must return there.
You will be given written notification of the suspension from the chief
psychiatrist. If you do not return, police or other prescribed people can
apprehend you at any time.
Extended leave
Extended leave allows forensic patients on custodial supervision orders to
leave the mental health service and live in the community for a period of up
to 12 months.
If you have successfully used on-ground leave and limited off-ground leave
over time, you may be ready to apply for extended leave. If you want
extended leave, you must make an application to the court that made your
custodial supervision order. You will need a lawyer to help you make the
application because the procedures are complex and you will need a legal
representative at the court.
Organisations that may be able to help with your application are described at
the end of this statement.
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You should also talk to your treating team. They will be able to give you
advice and discuss your choices. Your psychiatrist will prepare a leave plan
for the court. You can be involved in planning the extended leave and your
preferences will be taken into consideration. The plan will include an
assessment about your need for continuing treatment and support in the
community and the best way these can be met. It will also state whether the
treating team supports your application or not.
Your psychiatrist will send a clinical report and the leave plan to the court.
Copies will be given to you or your representative. It is your right to attend
the court hearing and to have a lawyer represent you. Your psychiatrist and
other members of the treating team will give evidence at the court hearing.
You and your representative will also be able to give evidence.
The court may grant your application if it is satisfied that granting you leave
will not seriously endanger your safety or the safety of members of the
public. The court will apply conditions to the leave—for example, the place
you will live and where and how often you should receive treatment.
Extended leave may be given for a period of up to 12 months. At the end
of this time, you can apply to the court to renew your extended leave.
You should make your application for renewal well before the extended leave
is due to expire.
If the court refuses your application, it is your right to appeal against the
court's decision to the Court of Appeal.
Suspension of extended leave
If at any time the chief psychiatrist believes your safety or the safety of
members of the public will be seriously endangered, your extended leave
may be suspended. The chief psychiatrist will notify you in writing about the
suspension and you must return to the mental health service. If you do not
return, police or other prescribed people can apprehend you at any time.
If the suspension is not lifted within 48 hours, the chief psychiatrist will make
an application to the court to revoke your extended leave. The court must
have a hearing as soon as possible. It is your right to attend the court hearing
and to have a lawyer represent you. Your psychiatrist and other members of
the treating team will give evidence at the court hearing. You and your
representative will also be able to give evidence and explain your side of the
case.
The court will make its decision and will—
 lift the suspension. You will then be released to live in the community
again on extended leave—the court might also change the conditions of
the leave; or
 revoke your extended leave. You must then remain in the mental health
service as a forensic patient.
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LEAVING THE MENTAL HEALTH SERVICE TO LIVE IN THE
COMMUNITY
This section of the statement has information about your rights and
entitlements under the Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997 or the Crimes Act 1914 of the Commonwealth in relation to
leaving the mental health service to live in the community.
The way in which you will be released from the mental health service
depends on how you were admitted to the service.
Custodial supervision orders
Variation of supervision order
If you have completed at least 12 months of extended leave, you can apply
to the court that made your supervision order to have it varied to a
non-custodial supervision order.
The court may make a non-custodial supervision order if it is satisfied your
safety and the safety of members of the public will not be seriously
endangered.
The court will take into account whether you have complied with the
conditions of the extended leave.
If the court releases you on a non-custodial supervision order, you will be
able to live in the community, subject to conditions decided by the court.
If the court refuses your application, you cannot apply again for at least
3 years, unless the court sets a shorter period. You have the right to appeal
against the court's decision to the Court of Appeal.
Your psychiatrist, the Secretary to the Department of Human Services, the
Director of Public Prosecutions or the Victorian Attorney-General can also
apply to have your order varied.
Major Review
When the court made your custodial supervision order, it set a time called the
nominal term. At least 3 months before the end of the nominal term the court
must conduct a major review of your progress. The major review will only
occur if you are still subject to a supervision order at the end of the nominal
term. If the court has released you from supervision before the end of the
nominal term, there is no need for a major review.
The purpose of the major review will be to decide whether you can be
released from the custodial order on to a non-custodial supervision order.
The court must change your order to a non-custodial supervision order unless
it is satisfied your safety or the safety of members of the public will be
seriously endangered. If the court releases you on a non-custodial
supervision order, you will be able to live in the community subject to
conditions decided by the court.
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If the court does not release you on a non-custodial supervision order, you
have the right to appeal to the Court of Appeal.
The court will automatically review you at least every 5 years after your first
major review, while you remain on a supervision order.
Non-custodial supervision orders
If you were admitted to the mental health service because you did not comply
with your non-custodial supervision order, you must be released within
48 hours unless an application is made to the court to vary the order.
If an application is made, the court must have a hearing as soon as possible.
It is your right to attend the court hearing and to have a lawyer represent you.
Your psychiatrist and other members of the treating team will give evidence
at the court hearing—for example, how you failed to comply with your
non-custodial supervision order. You and your representative will also be
able to give evidence and explain your side of the case.
The court will make its decision and will—
 release you from the mental health service back onto your non-custodial
supervision order—it might also change the conditions of the order; or
 place you on a custodial supervision order. If the court places you on
a custodial supervision order, you must remain in the mental health
service as a forensic patient.
Federal forensic patient
Discharge from the order
If you are a federal forensic patient, you will be discharged from the court
order at the end of the time specified in the order and you will no longer be a
forensic patient. You can then discuss continuing treatment with your
psychiatrist or case coordinator on a voluntary basis.
Release order
While you remain a federal forensic patient, the Commonwealth AttorneyGeneral will review you at least once every 6 months to see whether you can
be released from the mental health service on a release order.
Release orders allow federal forensic patients to live in the community,
subject to any conditions imposed by the Commonwealth Attorney-General.
In deciding whether to make a release order, the Attorney-General must be
satisfied that you are not a threat or danger to yourself or to the community.
The Attorney-General will obtain reports about you from a psychiatrist or
psychologist, a doctor and from anyone else the Attorney-General chooses.
You, or someone on your behalf, can also send information to the AttorneyGeneral—for example, to explain why you should be allowed to live in the
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community on a release order. You can ask a member of the treating team, a
friend or family member, a lawyer or a community visitor to help you do this.
If the Attorney-General makes a release order for you, it will last for the rest
of the time specified in your court order or for 5 years, whichever is shorter.
Your release order will also have conditions, such as where you must live and
what treatment you must receive.
The Attorney-General can revoke your release order if you do not comply
with the conditions of the order. If this happens, you will be arrested and
either taken to a hospital or a prison.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you can complain.
A good place to start is with your case coordinator, primary nurse or another
member of the treating team, the complaints liaison officer or consumer
consultant in the hospital or the Clinical Director of the mental health service.
You can also complain directly to the Health Services Commissioner or the
chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 Forensic Leave Panel is an independent Panel. Its main function is to
hear applications for leave of absence by forensic patients.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
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 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Forensic Leave Panel hearings or give advice
about other legal matters.
[insert appropriate contact details]
 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Forensic
Leave Panel hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]
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 The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
 The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
You can also ask your case coordinator or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 12
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—ASSESSMENT ORDERS;
DIAGNOSIS, ASSESSMENT AND TREATMENT ORDERS
Mental Health Act 1986
Section 18
Mental Health Regulations 2008
Regulation 9(f) Schedule 12
IN SUMMARY
When you are on an assessment order, or a diagnosis, assessment and
treatment order, you—

will have a treatment plan and can be involved in planning your
treatment;

have a right to obtain a second opinion from a psychiatrist about your
treatment;

have a right to appeal to the Mental Health Review Board against
being on the order;

have a right to obtain legal advice and have a lawyer represent you;

can talk to and have a friend or family member represent you;

can complain about your treatment;

have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement provides information about being on an assessment order, or a
diagnosis, assessment and treatment order and your legal rights and
entitlements under the Mental Health Act 1986.
A member of the treating team will talk to you about this information and
answer your questions. The information must be explained in a language or
way that you can understand.
Copies of the Mental Health Act 1986 are available at the mental health
service.
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If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Mental Health Act 1986 you may be detained in a
mental health service if it is necessary to protect your health or safety or the
safety of others. However, any restrictions on your liberty and any
interference with your rights, privacy, dignity and self-respect must be kept
to the minimum necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
ASSESSMENT ORDERS AND DIAGNOSIS, ASSESSMENT AND
TREATMENT ORDERS
Assessment orders and diagnosis, assessment and treatment orders are
made by a court under the Sentencing Act 1991. If a person with a mental
illness is found guilty of an offence, the court may decide that the person
should first be assessed and treated in a mental health service under one of
these orders before it gives the person a sentence or makes another order.
Mental illness is defined in the Mental Health Act 1986 as a medical
condition that is characterised by a significant disturbance of thought, mood,
perception or memory.
You have been admitted to a mental health service as an involuntary patient
under the following court order. A member of the treating team will tell you
which order applies to you and will tick the correct box—

An assessment order
The court ordered that you be assessed in a mental health service for up
to 72 hours before being returned to court.

A diagnosis, assessment and treatment order
The court ordered that you be diagnosed, assessed and treated in a
mental health service for up to 3 months before being returned to court.
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The court made the order after deciding that all of the following criteria for
assessment and treatment apply to you—

you appear to be mentally ill; and

your mental illness needs treatment which can be obtained through an
assessment order or a diagnosis, assessment and treatment order; and

because of your mental illness, involuntary treatment is necessary for
your health or safety (whether to prevent a deterioration in your
physical or mental condition or otherwise) or for the protection of
members of the public.
Once you are admitted on an assessment order, or diagnosis, assessment and
treatment order, you must remain in the mental health service and receive
treatment for mental illness.
TREATMENT
Your psychiatrist will prepare a treatment plan that is designed to meet your
specific needs. You can be involved in planning your treatment and your
psychiatrist will consider your preferences and concerns. The psychiatrist
will also take into account the wishes of any guardian, family member or
primary carer who is involved in providing ongoing care to you (unless you
object), any beneficial alternative treatments and any significant risks of the
treatment.
If your psychiatrist believes a particular psychiatric treatment is necessary,
that treatment can be given to you, even if you refuse. If this happens, your
psychiatrist will explain why the treatment is necessary. Your psychiatrist or
another member of the treating team will discuss your treatment plan with
you and give you a copy.
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and update
your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing your
treatment with your psychiatrist.
Family members and other caregivers can provide valuable support and care
to you while you are receiving treatment for your illness. Generally, they
will only be given information about your treatment and care if you agree.
However, if a guardian, family member or your primary carer needs
information to care for you, a member of the treating team can give them the
information, even if you don't agree.
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Second opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case manager or psychiatrist can arrange this from within
the mental health service, or they can help you choose your own psychiatrist.
If you choose a private psychiatrist you may have to pay a fee. You can
discuss the second opinion with your treating psychiatrist. However, your
treating psychiatrist is responsible for making the final decision about the
treatment you receive.
Access to information
It is your right under freedom of information and privacy laws to apply for
access to documents about your personal information that the mental health
service holds.
If you wish to access the information, you can ask a member of the treating
team or the mental health service's freedom of information officer to help you
make an application.
Organisations that may be able to help you with a freedom of information
application are described at the end of this statement.
Leave of absence
You may be allowed to leave the mental health service for a short time
(for example, a few hours, overnight or a weekend) to visit family or friends
or for some other purpose. If you would like to have leave, you should talk
to a member of the treating team. Your psychiatrist will make the final
decision about a request for leave.
Seclusion and restraint
Seclusion
Seclusion is when a person is kept alone in a room where the doors and
windows are locked from the outside. This only happens if it is necessary to
protect the person or others from an immediate or imminent risk to their
health or safety or to prevent the person from absconding. It is only used
when other ways of ensuring safety have failed.
Mechanical restraint
Mechanical restraint is the use of a device, such as a harness or straps, to
restrict a person's freedom to move about. Restraint may be used to enable a
person to be medically treated, to prevent the person from injuring himself or
herself or others or to prevent the person from persistently destroying
property.
Approval and monitoring of seclusion and mechanical restraint
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior registered nurse on duty. They can only
be used for as long as the above reasons apply.
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If you are put in a seclusion room or are restrained, staff must give you
appropriate bedding, clothing, food and drink at the appropriate times. You
can ask staff for food and drink when you want them. They must also
provide you with adequate toilet arrangements, including the opportunity to
wash.
A nurse must review your physical and mental condition at least every
15 minutes. A doctor must also examine you at least every 4 hours, unless
your psychiatrist thinks less frequent examinations are appropriate. If you
are being restrained you must be monitored continuously.
Letters and telephone calls
You can contact people by letter or telephone. Your mail will not be opened.
Transfer
You may be transferred to a different mental health service if your
psychiatrist believes that you would benefit from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Mental Health
Review Board. If you are transferred before the appeal is heard, the Board
will decide whether you should be returned to the original service when it
hears the appeal.
Discharge from the order
At the end of the time specified in the assessment order or the diagnosis,
assessment and treatment order, you will be discharged from the order and
returned to the court for sentencing or another order.
If the chief psychiatrist or the Mental Health Review Board or the court
(following an application by your psychiatrist) believes that any of the
criteria for assessment and treatment no longer apply to you and your
continued detention as an involuntary patient is no longer necessary, you
must be discharged from the order and returned to the court for sentencing or
another order.
If at any time you want to be discharged from your order, you should talk to
your psychiatrist or other members of the treating team, or you can appeal to
the Mental Health Review Board. Whether or not you appeal, the Board will
initially review the order within 8 weeks of you being placed on the order and
then at least every 12 months if you continue as an involuntary patient. Your
psychiatrist will also regularly review you to see if you should be discharged.
APPEAL AND REVIEW: THE MENTAL HEALTH REVIEW BOARD
This section of the statement contains information about your rights and
entitlements to appeal and review by the Mental Health Review Board.
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The functions of the Board
The Mental Health Review Board is an independent tribunal that—

hears appeals from involuntary patients who want to be discharged;

reviews all involuntary patients within 8 weeks of being placed on an
order to decide if they can be discharged;

reviews all involuntary patients at least every 12 months to decide if
they can be discharged;

hears appeals from patients who do not want to be transferred to a
different mental health service.
At each appeal or review, the Board will also review your treatment plan.
Your right to appeal to the Board
It is your right to appeal to the Mental Health Review Board at any time.
If you want to appeal, ask a member of the treating team for an appeal form,
fill it in and ask the team member to send it to the Board. If no appeal form
is available, you can write a letter or email an appeal to the Board that sets
out your name, the name of the mental health service and what you want to
appeal about. The Board must hear your appeal without delay. If you need
help to fill in the form or with anything else, you should ask a member of the
treating team, a friend, a family member, a lawyer or a community visitor to
help you.
The Board's contact details
To fax, mail or email an appeal to the Board, or to find out further
information, use the contact details below—
Executive Officer
Mental Health Review Board
[insert appropriate contact details]
Preparing for the Board hearing
The Board will send you a notice advising the date, time and place at which
your review or appeal will be heard. Your psychiatrist and case manager will
also be notified of the hearing. It is your right to attend the hearing unless the
Board decides that this would be bad for your health. You are encouraged to
attend and present your case and you can have someone attend to offer
support or speak for you, for example, an advocate, a lawyer, a private
doctor, a friend or a family member. If you are unable to attend the hearing,
you should tell the Board as soon as possible.
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Before the hearing, read the documents that will be given to the Board for
your hearing (see below) and think about what you are going to say to the
Board. You may also want to give the Board written information. Your
family and friends or someone you respect may wish to write letters or come
to the hearing in support of your appeal or review.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Board. The
Board will arrange for an interpreter if necessary.
Organisations that may be able to help you with your appeal or review are
described at the end of this statement.
Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the Board for your hearing, including your clinical
file and your psychiatrist's report to the Board, at least 24 hours before the
hearing.
However, your psychiatrist may apply to the Board to prevent you from
seeing a document or part of a document if it is believed that—

seeing the document will cause serious harm to your health or the
health or safety of another person; or

the information in a document was given in confidence or is personal
information about another person.
If an application is made to prevent you seeing a document or part of a
document a member of the treating team will tell you and explain the process.
The Board will make the final decision whether you see the whole document
or part of the document or none of the document.
If the Board decides you should not see a document or part of any document,
it may allow your representative to see it instead.
The Board hearing
Hearings will be held at the mental health service. Your hearing will usually
be heard by 3 Board members—a lawyer, a psychiatrist and a community
member. If the hearing is the annual review of you being an involuntary
patient, it may be conducted by one person—a lawyer, a psychiatrist or a
community member of the Board.
The hearing will be informal and private, unless the Board decides that it is in
your best interests or the public interest for the hearing to be open.
Your doctor and other members of the treating team will give information to
the Board. You and your representative will be able to ask questions and
explain your side of the case, for example, why you believe you should not
be an involuntary patient.
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The Board will primarily consider your current mental condition and will
also consider your medical and psychiatric history and your social
circumstances when making its decision.
If you are too ill to attend the hearing, the Board may visit you in your ward.
The Board's decision on appeal or review of involuntary status
The Board must decide whether all the criteria for assessment and treatment
still apply to you and whether your continued detention in the mental health
service as an involuntary patient is still necessary.
Discharge from involuntary status
If the Board decides that your continued detention is not necessary, the Board
must discharge you from your order and you will be returned to the court to
receive a sentence or other order.
Continuation of involuntary status
If the Board decides that your continued detention is necessary, the Board
will confirm your order and you must stay at the mental health service.
The Board will also review your treatment plan to decide whether the proper
procedures have been followed in making the plan. For example, were your
wishes taken into account and did the psychiatrist consider alternative
treatments? The Board must be satisfied that the mental health service can
implement the plan.
At the end of the hearing, the Board will tell you its decision and the reasons
for it. You will be given a written copy of the decision. If you want written
reasons for the decision, you must request these in writing from the Board
within 28 days and the Board must provide you with a statement of reasons
within 14 days of your request. You can appeal again to the Board at any
time.
Review of the Board's decision
If you disagree with the Board's decision you can apply to the Victorian Civil
and Administrative Tribunal (VCAT) for a review of the Board's decision.
VCAT is an independent tribunal with the power to confirm or overturn the
decision of the Board.
Applications must be made in writing within 28 days of receiving the Board's
decision or, if you requested a statement of reasons from the Board, within
28 days of receiving that statement, to—
Victorian Civil and Administrative Tribunal
[insert appropriate contact details]
Organisations that may be able to help you with an application are described
at the end of this statement.
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COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you can complain.
A good place to start is with your case manager, primary nurse or another
member of the treating team, the complaints liaison officer or consumer
consultant in the hospital or the Director of Psychiatry at the mental health
service.
You can also complain directly to the Health Services Commissioner or to
the chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 The Mental Health Review Board is an independent tribunal that hears
appeals from involuntary patients, patients on restricted involuntary
treatment orders and security patients who want to be discharged from
their involuntary treatment status. It also automatically reviews these
patients.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
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 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Mental
Health Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]

The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
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
The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
You can also ask your case manager or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 13
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—FORENSIC PATIENT
(REMAND AND INTERIM DISPOSITION ORDERS)
Mental Health Act 1986
Section 18
Mental Health Regulations 2008
Regulation 9(g) Schedule 13
IN SUMMARY
When you are a forensic patient you—
 will have a treatment plan and can be involved in planning your
treatment;
 have a right to obtain a second opinion from a psychiatrist about your
treatment;
 have a right to obtain legal advice and have a lawyer represent you;
 can talk to and have a friend or family member represent you;
 can complain about your treatment;
 have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement provides information about being a forensic patient on a
remand order or an interim disposition order, and your legal rights and
entitlements under the Mental Health Act 1986.
The statement also provides information about rights and entitlements some
forensic patients have under the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997.
A member of the treating team will talk to you about this information and
answer your questions. The information must be explained in a language or
way that you can understand.
Copies of the Mental Health Act 1986 and the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 are available at the
mental health service.
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If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997 you may be detained in a mental health service.
However, any restrictions on your liberty and any interference with your
rights, privacy, dignity and self-respect must be kept to the minimum
necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
FORENSIC PATIENTS
You have been admitted to a mental health service as a forensic patient so
you can receive treatment for a mental disorder.
You were admitted in one of several ways. A member of the treating team
will tell you which of the following applies to you and tick the correct box—

A remand order
A court has remanded you in custody, for the time
specified in the order, to await further court proceedings.

An interim disposition order made by the Magistrates'
Court
The Magistrates' Court placed you on an interim
disposition order because you left a mental health facility
in another state without permission or you did not comply
with a supervision order in another state, and you came to
Victoria.

An interim disposition order made by the Victorian
Minister
You were transferred to Victoria and placed on an interim
disposition order by the Victorian Minister.
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TREATMENT
Your psychiatrist will prepare a treatment plan that is designed to meet your
specific needs. You can be involved in planning your treatment and your
psychiatrist will consider your preferences and concerns. The psychiatrist
will also take into account the wishes of any guardian, family member or
primary carer who is involved in providing ongoing care to you (unless you
object), any beneficial alternative treatments and any significant risks of the
treatment.
If your psychiatrist believes a particular psychiatric treatment is necessary,
that treatment can be given to you, even if you refuse. If this happens, your
psychiatrist will explain why the treatment is necessary. Your psychiatrist or
another member of the treating team will discuss your treatment plan with
you and give you a copy.
Your psychiatrist and other members of the treating team will regularly
discuss with you your diagnosis, medication, methods of treatment,
alternative treatments and available services. They will review and update
your treatment plan on a regular basis.
You may have a friend or advocate with you when you are discussing your
treatment with your psychiatrist.
Family members and other caregivers can provide valuable support and care
to you while you are receiving treatment for your illness. Generally, they
will only be given information about your treatment and care if you agree.
However, if a guardian, family member or your primary carer needs
information to care for you, a member of the treating team can give them the
information, even if you don't agree.
Second opinion
It is your right to get a second opinion about your psychiatric condition and
treatment. Your case coordinator or psychiatrist can arrange this from within
the mental health service, or they can help you choose your own psychiatrist.
If you choose a private psychiatrist you may have to pay a fee. You can
discuss the second opinion with your treating psychiatrist. However, your
treating psychiatrist is responsible for making the final decision about the
treatment you receive.
Access to information
It is your right under freedom of information and privacy laws to apply for
access to documents about your personal information that the mental health
service holds.
If you wish to access the information, you can ask a member of the treating
team or the mental health service's freedom of information officer to help you
make an application.
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Organisations that may be able to help you with a freedom of information
application are described at the end of this statement.
Seclusion and restraint
Seclusion
Seclusion is when a person is kept alone in a room where the doors and
windows are locked from the outside. This only happens if it is necessary to
protect the person or others from an immediate or imminent risk to their
health or safety or to prevent the person from absconding. It is only used
when other ways of ensuring safety have failed.
Mechanical restraint
Mechanical restraint is the use of a device, such as a harness or straps, to
restrict a person's freedom to move about. Restraint may be used to enable a
person to be medically treated, to prevent the person from injuring himself or
herself or others or to prevent the person from persistently destroying
property.
Approval and monitoring of seclusion and mechanical restraint
Seclusion and restraint may be approved by your psychiatrist or, in an
emergency, authorised by the senior registered nurse on duty. They can only
be used for as long as the above reasons apply.
If you are put in a seclusion room or are restrained, staff must give you
appropriate bedding, clothing, food and drink at the appropriate times.
You can ask staff for food and drink when you want them. They must also
provide you with adequate toilet arrangements, including the opportunity to
wash.
A nurse must review your physical and mental condition at least every
15 minutes. A doctor must also examine you at least every 4 hours, unless
your psychiatrist thinks less frequent examinations are appropriate. If you
are being restrained you must be monitored continuously.
Security conditions
While you are in the mental health service, your psychiatrist may apply any
security conditions that are considered necessary, for example limiting your
phone calls or opening your mail. Security conditions are applied to ensure
your health or safety, or for the protection of members of the public.
Letters and telephone calls
You can contact people by letter or telephone, unless your psychiatrist has
applied a security condition to you.
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Transfer
You may be transferred to a different mental health service if the chief
psychiatrist believes that you would benefit from the transfer or if it is
necessary for your treatment. If you do not want to be transferred, you
should talk to your psychiatrist or you can appeal to the Forensic Leave
Panel. If you are transferred before the appeal is heard, the Panel will decide
whether you should be returned to the original service when it hears the
appeal.
LEAVE
Leave of absence allows forensic patients to leave the mental health service
for a variety of purposes. Leave is always subject to security conditions and
time limits.
There are 3 types of short-term leave available to forensic patients: special
leave of absence, on-ground leave and limited off-ground leave.
Special leave
Your psychiatrist can grant special leave of absence. Special leave of
absence is for specific purposes, such as medical treatment, court
appearances or special events (such as funerals). Special leave cannot exceed
24 hours, or 7 days in the case of medical treatment.
You or someone on your behalf can apply to your psychiatrist stating the
special circumstances for which you need special leave. If your psychiatrist
is satisfied there are special circumstances and the safety of members of the
public will not be seriously endangered, the special leave must be granted.
If your psychiatrist refuses to grant you special leave, you can appeal to the
Forensic Leave Panel (see below).
On-ground leave and limited off-ground leave
To obtain on-ground leave or limited off-ground leave, you must make an
application to the Forensic Leave Panel (see below).
On-ground leave allows forensic patients to leave the mental health service,
but the leave is limited to a defined area around the mental health service
known as the surrounds.
Limited off-ground leave allows forensic patients to go beyond the surrounds
of the mental health service. Generally, limited off-ground leave is only
permitted during the day between the hours of 6.00 am and 9.00 pm. It can
be granted outside these hours, but only for a maximum of 3 days in any
7-day period. Leave can be granted for a period of up to 6 months. At the
end of this time, an application can be made to the Forensic Leave Panel to
have the leave renewed.
The purpose of on-ground leave and limited off-ground leave is to help with
the treatment and rehabilitation of forensic patients.
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Extended leave
Extended leave allows forensic patients on custodial supervision orders to
leave the mental health service and live in the community for periods of up to
12 months.
Some forensic patients on interim disposition orders made by the Minister
might also be granted extended leave by the Minister. The Minister will
apply conditions to the extended leave; for example the place where you will
live, and where and how often you should receive treatment.
A grant of extended leave is one of the orders a court can make if it converts
your interim disposition order to a custodial supervision order (see "Ending
the Order" below).
For more information about extended leave, you can ask a member of the
treating team for a copy of the statement of rights for forensic patients on
custodial supervision orders.
Suspension of leave
If at any time the chief psychiatrist believes your safety or the safety of
members of the public will be seriously endangered, your leave or part of
your leave can be suspended. You will be told if your leave is suspended.
If you are not already in the mental health service, you must return there.
You will be given written notification of the suspension from the chief
psychiatrist. If you do not return, police or other prescribed people can
apprehend you at any time.
FORENSIC LEAVE PANEL
This section of the statement has information about your rights and
entitlements to apply for leave of absence or appeal to the Forensic Leave
Panel.
The functions of the Panel
The Forensic Leave Panel is an independent tribunal that hears—
 applications for on-ground and limited off-ground leave from forensic
patients;
 appeals from forensic patients who have been refused special leave of
absence by their psychiatrist;
 appeals from forensic patients who do not want to be transferred to a
different mental health service.
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Applications to the Forensic Leave Panel
If you would like on-ground leave or limited off-ground leave, you should
talk to the treating team. They will be able to give you advice and discuss
your choices. If your treating team believes you are ready for leave, they will
update your treatment plan and prepare a leave plan. It is important the
treating team is involved because the Forensic Leave Panel will want to know
whether they support your application and how it relates to your treatment
plan and your leave plan.
To apply for on-ground leave or limited off-ground leave or to appeal against
the refusal of special leave or against a transfer, ask a member of your
treating team for the appropriate form, fill it in and ask the team member to
send it to the Panel. If no forms are available, you can write a letter to the
Panel setting out your name, the name of the mental health service and the
type of leave you want. The application or letter should be mailed or faxed
to—
Executive Officer
Forensic Leave Panel
[insert appropriate contact details]
If you need help to fill in the form or help with anything else, you should ask
a member of the treating team, a friend, a family member, a lawyer or a
community visitor to help you.
Preparing for the Panel hearing
The Panel will arrange for you to be given a notice advising the date, time
and place at which your application or appeal will be heard. It is your right to
attend the hearing and present your case, and you are encouraged to do so.
You can have someone attend to offer support or speak for you, for example,
an advocate, a lawyer, a friend or a family member. If you are unable to
attend the hearing, you should tell the Panel as soon as possible.
Before the hearing, read the documents that will be given to the Panel for the
hearing (see below) and think about what you are going to say to the Panel.
You might also want to give the Panel written information. Your family and
friends or someone you respect might wish to write letters or come to the
hearing in support of your application.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Panel.
The Panel will arrange for an interpreter if necessary.
Organisations that might be able to help you with your application or appeal
are described at the end of this statement.
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Access to documents for the hearing
You or your representative will be given the opportunity to read any
documents to be given to the Panel for your hearing at least 24 hours before
the hearing. These will include your clinical file, your psychiatrist's report, a
profile about you and your leave plan. However, an application can be made
to the Panel to prevent you from seeing a document or part of a document if it
is believed that—
 seeing the document will cause serious harm to your health or the health
or safety of another person; or
 the information in a document was given in confidence; or is personal
information about another person.
If an application is made to prevent you seeing a document or part of a
document, a member of the treating team will tell you about this and explain
the process. The Panel will make the final decision about whether you see
the whole document or part of the document or none of the document. If the
Panel decides you should not see a document or part of any document, it
might allow your representative to see it instead.
The Panel hearing
Your hearing will be held at the mental health service. The Panel members
are a judge, a community member, the chief psychiatrist and a medical
practitioner.
The hearing will be informal and private, unless the Panel decides it is in
your best interests or the public interest for the hearing to be open. The Panel
is not bound by strict rules of practice, such as those in a court, and can
inform itself in any way it thinks fit. Your psychiatrist and other members of
the treating team will give information to the Panel. You and your
representative will be able to ask questions and explain your side of the case;
for example, why you believe you should be given leave of absence.
The Panel's decision
Approval of leave
If the Panel is satisfied the proposed leave will help your rehabilitation and
your safety or the safety of members of the public will not be seriously
endangered, it might grant your leave. It will place conditions on the leave;
for example, that members of staff escort you at all times. You and your
representative will be given a copy of the order, which will list the type of
leave granted and the conditions of the leave.
Leave can be granted for a period of up to 6 months. At the end of this time,
you can apply to the Panel to have the leave renewed. You can also apply at
any time to have the conditions of the leave varied if your circumstances have
significantly changed, for example, if a new rehabilitation program has
become available.
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Refusal of leave
If the Panel refuses your application for leave, you should talk to your case
coordinator or another member of the treating team and discuss the reasons.
They might be able to help you make another application that is more likely
to be granted. While you remain a forensic patient you can apply for leave to
the Panel at any time. Your psychiatrist and other members of the treating
team will also regularly review your progress to see whether to make a new
application for leave.
Special leave
If you have appealed to the Panel because your psychiatrist has refused you
special leave, the Panel might grant the special leave if it believes there are
special circumstances and the safety of members of the public will not be
seriously endangered.
Transfer
If you have appealed to the Panel against a transfer to another mental health
service, the Panel will decide whether you should be transferred or not.
If you are transferred before the appeal is heard, the Panel will decide
whether you should be returned to the original service when it hears the
appeal.
Reasons for the decision
At the end of the hearing, the Panel will tell you its decision and the reasons
for it. You will be given a written copy of the decision. If you want written
reasons for the Panel's decision, you must request them in writing from the
Panel. The Panel must provide you with a statement of reasons within
14 days of your request.
ENDING THE ORDER
Remand orders and interim disposition orders are generally only intended to
last for short periods of time. This section of the statement explains how
these orders finish and has information about your rights and entitlements
under the Crimes (Mental Impairment and Unfitness to be Tried) Act
1997.
Remand orders
If you are on a remand order, you will be returned to the court at the end of
the time specified in the court order.
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Interim disposition order made by the Magistrates' Court
If you are on an interim disposition order made by the Magistrates' Court, the
Secretary to the Department of Human Services must apply to the Supreme
Court for a review of that order within 7 days after the order is made.
At the review, the court may—
 make a custodial supervision order. You must then remain in the
mental health service as a forensic patient. If this happens, you will be
given a new statement explaining your rights and entitlements as a
forensic patient. The court might also grant you extended leave if it is
satisfied that granting you leave will not seriously endanger your safety
or the safety of members of the public;
 make a non-custodial supervision order. You will be able to live in
the community subject to conditions decided by the court;
 order you to be taken back to the state you came from;
 release you unconditionally to live in the community.
It is your right to attend any court hearing and to have a lawyer represent you.
Organisations that might be able to give you advice and help with legal
representation are described at the end of this statement.
Interim disposition order made by the Victorian Minister
If you are on an interim disposition order made by the Victorian Minister, the
Secretary to the Department of Human Services must apply to the Supreme
Court for a review of that order within 6 months after your transfer.
At the review, the court may—
 make a custodial supervision order. You must then remain in the
mental health service as a forensic patient. If this happens, you will be
given a new statement explaining your rights and entitlements as a
forensic patient. The court might also grant you extended leave if it is
satisfied that granting you leave will not seriously endanger your safety
or the safety of members of the public;
 make a non-custodial supervision order. You will be able to live in
the community subject to conditions decided by the court;
 release you unconditionally to live in the community.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you have a right to
complain. A good place to start is with your case coordinator, primary nurse
or another member of the treating team, the complaints liaison officer or
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consumer consultant in the hospital or the Clinical Director of the mental
health service.
You can also complain directly to the Health Services Commissioner or to
the chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 TheForensic Leave Panel is an independent Panel. Its main function
is to hear applications for leave of absence by forensic patients.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Forensic Leave Panel or court hearings or give
advice about other legal matters.
[insert appropriate contact details]
 Victoria Legal Aid provides free legal advice about a range of issues. It
may also provide legal assistance if you cannot afford a private solicitor
and may be able to assist with legal representation at Forensic Leave
Panel or court hearings.
[insert appropriate contact details]
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 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]
 The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
 The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
You can also ask your case coordinator or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 14
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—ELECTROCONVULSIVE
THERAPY
Mental Health Act 1986
Section 53B
Mental Health Regulations 2008
Regulation 11(a) Schedule 14
IN SUMMARY
If your psychiatrist recommends that you have electroconvulsive therapy
(ECT) you:
 will be provided with information about ECT and can ask questions
about it;
 have a right to refuse ECT, if you are capable of giving informed
consent to ECT;
 have a right to obtain medical and legal advice;
 have a right to obtain a second opinion from a psychiatrist about the
ECT;
 have a right to have a friend, family member or lawyer represent you;
 can complain about your treatment;
 have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement has been given to you because your doctor or psychiatrist has
recommended that you would benefit from a course of Electroconvulsive
Therapy (ECT). It provides information about the treatment and your legal
rights and entitlements under the Mental Health Act 1986.
Your psychiatrist or a member of the treating team will talk to you about this
information and your rights and entitlements and answer your questions.
This information must be explained in a language or manner that you can
understand. This statement is also translated into a number of languages.
You can ask a member of your treating team if it is available in your
preferred language.
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Copies of the Mental Health Act 1986 are available at the mental health
service.
If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Mental Health Act 1986 you may be given treatment
without your full, free and informed consent in certain circumstances.
However, any restrictions on your liberty and any interference with your
rights, privacy, dignity and self-respect must be kept to the minimum
necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
ECT: YOUR RIGHTS AND ENTITLEMENTS
Your psychiatrist will talk to you about ECT and explain how it works and
how it can help treat your illness. The psychiatrist will discuss possible sideeffects, alternative treatments, ask your views and answer any questions you
may have.
When you are discussing ECT with your psychiatrist, you can have a friend,
a family member, a lawyer or an advocate with you for support. It is your
right for that person to represent you before you consent to ECT.
Advice and second opinion
It is your right to get legal and medical advice. It is also your right to get a
second opinion about whether you need ECT. Your case manager or
psychiatrist can arrange this from within the mental health service or they can
help you choose your own psychiatrist. If you choose a private psychiatrist
you may have to pay a fee.
Consenting to ECT
If you are able to give informed consent, you can only be given ECT if you
agree. This means that if you are able to give informed consent, you have the
right to refuse ECT.
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Informed Consent
Informed consent is when you agree to have ECT after you have been told—
 what ECT involves;
 the benefits, discomforts and risks of ECT;
 any beneficial alternative treatments;
 the answers to any questions you have about ECT and you have
understood the answers;
 whether the person recommending ECT or the doctor who will perform
the ECT has any financial relationship with the service, hospital or
clinic where the ECT will be given;
 your legal rights and other entitlements.
Before you decide whether you want to have ECT, it is important that you are
well informed. If you have any questions, you should ask your psychiatrist
or seek advice from a friend, family member, lawyer or an advocate, or one
of the organisations described at the end of this statement.
If you agree to have ECT, you will be asked to sign a form stating that you
have given informed consent.
Your psychiatrist will discuss with you how many treatments are
recommended. You may consent to have up to 6 treatments. If your doctor
believes you need more than the initial 6 treatments you will be asked to
consent to each further course of up to 6 treatments.
Withdrawing consent to ECT
If you agree to have ECT, but then change your mind, it is your right to
withdraw your consent at any time. The treatments will be stopped unless
your psychiatrist believes that you are not able to give informed consent.
If you want to withdraw your consent, you should talk to your psychiatrist.
Remember that you can have a friend, a family member, a lawyer or an
advocate with you for support or to represent you.
ECT if you are not able to give informed consent
If you are not able to give informed consent to ECT, your psychiatrist can
consent for you if the psychiatrist is satisfied that—
 the ECT is necessary; and
 your physical or mental condition is likely to get worse unless you have
ECT; and
 the benefits and risks of ECT and any other beneficial treatments have
been considered.
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Your psychiatrist will talk to you about the ECT before you receive the
treatment. Reasonable efforts will be made to notify your primary carer
(a family member or friend who is primarily responsible for providing
support or care to you) or your guardian (if you have one) about the proposed
ECT.
Urgent ECT
If you urgently need ECT because of the nature of your mental illness, it can
be given to you without your consent. If this happens, your psychiatrist will
explain to you why the treatment is urgent.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you are receiving ECT. If you are unhappy about any part of your
treatment or care, you can complain. A good place to start is with your case
manager, primary nurse or another member of the treating team, the
complaints liaison officer or patient representative in the hospital or the
Director of Psychiatry at the mental health service.
You can also complain directly to the Health Services Commissioner or the
chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
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 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Mental
Health Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action, and monitoring the use of ECT in Victoria.
[insert appropriate contact details]
 The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
 The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
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 The Mental Health Review Board is an independent tribunal that hears
appeals from involuntary patients, patients on restricted involuntary
treatment orders and security patients who want to be discharged from
their involuntary treatment status. It also automatically reviews these
patients.
[insert appropriate contact details]
You can also ask your case manager or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 15
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—PSYCHOSURGERY
Mental Health Act 1986
Section 53B
Mental Health Regulations 2008
Regulation 11(b) Schedule 15
IN SUMMARY
If your psychiatrist or neurosurgeon recommends that you have
psychosurgery you—
 will be provided with information about psychosurgery and can ask
questions about it;
 have a right to refuse psychosurgery;
 have a right to obtain medical and legal advice;
 have a right to obtain a second opinion from a psychiatrist about
psychosurgery;
 have a right to have a friend, family member or lawyer represent you;
 have a right to withdraw your consent at any time before psychosurgery
is performed;
 can complain about your treatment;
 have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement has been given to you because your psychiatrist has
recommended that you would benefit from psychosurgery. It provides
information about the treatment and your legal rights and entitlements under
the Mental Health Act 1986.
Your psychiatrist or a member of the treating team will talk to you about this
information and your rights and entitlements and answer your questions.
This information must be explained in a language or way that you can
understand.
Copies of the Mental Health Act 1986 are available at the mental health
service.
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If at any time you have questions about this information or your rights, ask
someone to explain. You can ask a member of the treating team, a friend, a
family member, a lawyer, an advocate or a community visitor.
You can also get information from the Psychosurgery Review Board at—
[insert appropriate contact details]
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
PSYCHOSURGERY: YOUR RIGHTS AND ENTITLEMENTS
Psychosurgery is an operation on the brain and may be used to treat people
with severe mental disorders that have not responded to other treatments.
Examples of the disorders are major depression, obsessive-compulsive
disorder and severe anxiety disorder, where these have caused extreme
distress for the person suffering from the illness. Its use is limited and is
subject to strict control by the Psychosurgery Review Board.
Before recommending psychosurgery, your psychiatrist and neurosurgeon
will give you a thorough physical, psychiatric and psychological
examination, taking into account your illness, its severity and your medical
history. You may be referred to a major teaching hospital for further
evaluation of treatment.
Your psychiatrist or neurosurgeon will talk to you about psychosurgery and
explain how it works and how it can help your illness. The psychiatrist or
neurosurgeon will discuss possible side effects and alternative treatments, ask
your views and answer any questions you might have.
When you are discussing psychosurgery with your psychiatrist or
neurosurgeon, you can have a friend, a family member, a lawyer or an
advocate with you for support. It is your right to have that person represent
you before you consent to psychosurgery.
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Advice and second opinion
It is your right to get legal and medical advice. It is also your right to get a
second opinion about whether you need psychosurgery. Your case manager
or psychiatrist can arrange this from within the mental health service or they
can help you choose your own psychiatrist. If you choose a private
psychiatrist you may have to pay a fee.
Consenting to psychosurgery
You will only be considered for psychosurgery if you can give informed
consent to the treatment.
You have the right to refuse psychosurgery.
Informed consent
Informed consent is when you agree to have psychosurgery after you have
been told—
 what psychosurgery involves; and
 the benefits, discomforts and risks of psychosurgery; and
 any beneficial alternative treatments; and
 the answers to any questions you have about psychosurgery and you
have understood the answers; and
 whether the person recommending psychosurgery or the neurosurgeon
who will perform the psychosurgery has any financial relationship with
the service, hospital or clinic where the proposed psychosurgery will be
performed; and
 your legal rights and other entitlements.
Before you decide whether you want to have psychosurgery, it is important
that you are well informed. If you have any questions, you should ask your
psychiatrist or neurosurgeon or seek advice from a friend, family member,
lawyer or an advocate, or one of the organisations described at the end of this
statement.
If you agree to have psychosurgery, you will be asked to sign a form to say
you have given informed consent.
Your psychiatrist will then apply to the Psychosurgery Review Board to
obtain its consent. The Psychosurgery Review Board will make the final
decision.
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Withdrawing consent to psychosurgery
If you agree to have psychosurgery, but then change your mind, it is your
right to withdraw your consent at any time and the psychosurgery will not
proceed. If you want to withdraw your consent, you should talk to your
psychiatrist or neurosurgeon. Remember that you can have a friend, a family
member, a lawyer or an advocate with you for support or to represent you.
PSYCHOSURGERY REVIEW BOARD
The Psychosurgery Review Board is an independent tribunal that decides
whether psychosurgery should be performed on any person in the state of
Victoria. The Psychosurgery Review Board must consent before any person
can have psychosurgery. You cannot have psychosurgery if the
Psychosurgery Review Board does not consent.
When the Psychosurgery Review Board receives an application from your
psychiatrist for you to have psychosurgery, it will arrange a hearing to decide
whether you should have psychosurgery.
Preparing for the hearing
The Psychosurgery Review Board will send you a notice advising the date,
time and place of the hearing, at least 10 days before the hearing.
Your advocate or representative (if you have one) and your primary carer will
also be notified.
It is your right to attend the hearing and present your case, and you are
encouraged to do so. It is also your right to have a friend, a family member, a
lawyer or an advocate represent you at the hearing.
If you are unable to attend the hearing, you should tell the Board as soon as
possible.
You or your representative will be given copies of the application and all
supporting documents before the hearing. You should read the documents
and think about what you are going to say to the Board. You may also want
to give the Board written information. Your family and friends or someone
you respect may wish to write letters or come to the hearing in support of the
application.
If you have special needs, such as the need for an interpreter, you should
discuss these with a member of the treating team or contact the Board.
The Board will arrange an interpreter if necessary.
Organisations that may be able to help you with the application are described
at the end of this statement.
The Board hearing
The hearing will be held by either 4 or 5 Board members—a lawyer,
1 or 2 psychiatrists, a neurosurgeon and a nominee of the Victorian Council
for Civil Liberties.
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The hearing will be informal and private, unless the Board decides that it is in
your best interest or in the public interest for the hearing to be open.
Your psychiatrist will provide information at the hearing about why you
should have psychosurgery. You and your representative will be able to ask
questions and to give information. The neurosurgeon may be present if it is
considered necessary by the Board.
The Board's decision
When the Psychosurgery Review Board has heard the evidence, it will make
its decision.
The Board must decide whether—
 you are capable of giving informed consent;
 you have actually given informed consent;
 the proposed psychosurgery has clinical merit and is appropriate;
 the person proposing to perform the psychosurgery is properly
qualified;
 the hospital, service or clinic where the proposed psychosurgery would
be performed is an appropriate place;
 all other reasonable treatments have already been tried without
sufficient and lasting benefit.
The Board consents to psychosurgery
If the Board is satisfied about the above matters, it will consent to you having
psychosurgery and will specify—
 the name of the neurosurgeon authorised to perform the psychosurgery;
 the nature of the psychosurgery to be performed;
 the hospital, service or clinic where the psychosurgery is to be
performed;
 the period within which the psychosurgery is to be performed.
You and your representative will be given a written copy of the Board's
consent.
The Board refuses consent to psychosurgery
If the Board is not satisfied about the above matters, it must refuse to give its
consent and you cannot have psychosurgery.
You will be advised of the refusal and the reasons in writing.
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Reports about the psychosurgery
If you have psychosurgery, your neurosurgeon must provide a report about
the treatment to the Board within 3 months. Your psychiatrist must also
provide reports on your progress within 3 months after the treatment and then
within 12 months.
The Board will continue to review your progress on a regular basis, unless
you object to this regular review. If you do not want the Board to review
your progress, you should discuss this with a member of the treating team or
contact the Board.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care from the mental health service. If you
are unhappy about any part of your treatment or care, you can complain.
A good place to start is with your case manager, primary nurse or another
member of the treating team, the complaints liaison officer or consumer
consultant in the hospital, or the Director of Psychiatry at the mental health
service.
You can also complain directly to the Health Services Commissioner or to
the chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 The Psychosurgery Review Board is an independent tribunal that
decides whether psychosurgery should be performed on any person in
the state of Victoria.
[insert appropriate contact details]
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
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 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Psychosurgery Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at
Psychosurgery Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]
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 The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
 The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
 The Mental Health Review Board is an independent tribunal that hears
appeals from involuntary patients, patients on restricted involuntary
treatment orders and security patients who want to be discharged from
their involuntary treatment status. It also automatically reviews these
patients.
[insert appropriate contact details]
You can also ask your case manager or any member of the treating team
about other local organisations and support groups that may be able to help
you.
__________________
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SCHEDULE 16
STATEMENT OF LEGAL RIGHTS AND ENTITLEMENTS
AND OTHER INFORMATION—MAJOR NON-PSYCHIATRIC
TREATMENT
Mental Health Act 1986
Section 53B
Mental Health Regulations 2008
Regulation 11(c) Schedule 16
IN SUMMARY
If your psychiatrist or doctor recommends you have major non-psychiatric
treatment you:
 will be provided with information about the treatment and can ask
questions about it;
 have a right to refuse the treatment if you are capable of giving
informed consent to the treatment;
 have a right to obtain medical and legal advice;
 have a right to obtain a second opinion from a doctor or specialist about
your treatment;
 have a right to have a friend, family member or lawyer represent you;
 can complain about your treatment;
 have rights under the Charter of Human Rights and Responsibilities.
You can ask a member of the treating team, a friend, a family member, a
lawyer, an advocate or a community visitor to help you do these things, or
contact one of the organisations described at the end of this statement.
ABOUT THIS STATEMENT
This statement has been given to you because your doctor or psychiatrist has
recommended that you would benefit from a particular major non-psychiatric
treatment. It provides information about your legal rights and entitlements
under the Mental Health Act 1986.
Your psychiatrist or a member of the treating team will talk to you about this
information and your rights and answer your questions.
This information must be explained in a language or manner that you can
understand. This statement is also translated into a number of languages.
You can ask a member of your treating team if it is available in your
preferred language.
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Copies of the Mental Health Act 1986 are available at the mental health
service.
If at any time you have questions about major non-psychiatric treatment or
your rights, ask someone to explain. You can ask a member of the treating
team, a friend, a family member, a lawyer, an advocate or a community
visitor.
Charter of Human Rights and Responsibilities
The Victorian Charter of Human Rights and Responsibilities Act 2006
seeks to promote and protect certain human rights. The Charter defines the
protected rights and requires public mental health services to act compatibly
with these rights.
The Charter also specifies when and how rights can be limited by law.
For example, under the Mental Health Act 1986 you may be given treatment
without your full, free and informed consent in certain circumstances.
However, any restrictions on your liberty and any interference with your
rights, privacy, dignity and self-respect must be kept to the minimum
necessary in the circumstances.
If you have any questions about the Charter or how it might affect your
treatment, contact one of the organisations described at the end of this
statement.
MAJOR NON-PSYCHIATRIC TREATMENT
The treatment your doctor has recommended is described as a major nonpsychiatric treatment. It is primarily intended to treat a physical condition
and not your mental illness. The treatments in the following list are major
non-psychiatric treatments—
 any surgery performed under a general or regional anaesthetic;
 the use of general or regional block anaesthetic for any purpose;
 chemotherapy;
 radiotherapy.
Major non-psychiatric treatment does not include special procedures or
medical research procedures within the meaning of the Guardianship and
Administration Act 1986.
Special procedures include—
 any procedure that is intended to make a person permanently infertile
(sterilisation);
 termination of pregnancy (abortion);
 removal of tissue for transplantation to another person.
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If a doctor recommends you have a special procedure, you should seek
advice from the Public Advocate or one of the other organisations described
at the end of this statement.
A medical research procedure is any procedure carried out for the purposes
of medical research, including the administration of medication or the use of
equipment or a device as part of a clinical trial. It does not include any
non-intrusive examination, observing a person's activities, undertaking a
survey or collecting or using information.
Treatment
Your psychiatrist or doctor will talk to you about your medical condition,
explain the proposed treatment, discuss possible side-effects, alternative
treatments, ask your views and answer any questions you might have about
the treatment.
Advocacy
When you are discussing the major non-psychiatric treatment with your
psychiatrist or doctor, you can have a friend, relative, lawyer or an advocate
with you for support. It is your right for that person to represent you before
you consent to the treatment.
Advice and second opinion
It is your right to get legal and medical advice. It is also your right to get a
second opinion about whether you need the major non-psychiatric treatment.
Your case manager or psychiatrist can arrange this or you can choose your
own doctor. If you choose a private doctor you may have to pay a fee.
Consenting to treatment
If you are able to give informed consent, you can only be given the major
non-psychiatric treatment if you agree. This means that if you are able to
give informed consent, you have the right to refuse the treatment.
Informed Consent
Informed consent is when you agree to have the treatment after you have
been told—
 what the treatment involves;
 the benefits, discomforts and risks of the treatment;
 any beneficial alternative treatments;
 the answers to any questions you have about the treatment and you have
understood the answers;
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 whether the person recommending the treatment or the doctor who will
perform the treatment has any financial relationship with the service,
hospital or clinic where the treatment will be given or performed;
 your legal rights and other entitlements.
Before you decide whether you want to have the treatment, it is important
that you are well informed. If you have any questions, you should ask your
psychiatrist, doctor or other specialist or seek advice from a friend, family
member, lawyer or an advocate, or one of the organisations described at the
end of this statement.
If you agree to have the major non-psychiatric treatment, you will be asked to
sign a form to say that you have given informed consent.
Withdrawing consent
If you agree to have a major non-psychiatric treatment, but then change your
mind, it is your right to withdraw your consent at any time and the treatment
will not proceed. If you want to withdraw your consent, you should talk to
your treating doctor.
Treatment if you are not able to give informed consent
If you are not able to give informed consent and a major non-psychiatric
treatment is necessary, you may be given the treatment, even if you refuse.
If you are 18 years or older, consent may be given by the first person listed
below who is available, willing and able to make a decision about the
proposed treatment (if there is no one in the first category, go to the second
and so on)—
 a medical enduring power of attorney (if you have appointed one);
 a person appointed by the Victorian Civil and Administrative Tribunal
to make decisions about the proposed treatment (if someone has been
appointed);
 a guardian (if you have one);
 an enduring guardian (if you have appointed one);
 the authorised psychiatrist.
If you are under the age of 18 years and you are not able to give informed
consent, consent may be given by any of the persons listed below who is
available, willing and able to make a decision about the proposed treatment—
 a parent;
 a guardian;
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 a person appointed under section 597 of the Children, Youth and
Families Act 2005;
 the authorised psychiatrist—but only if there is no parent, guardian,
custodian or child protection manager who is available, willing and able
to make the decision.
Urgent treatment
If any major non-psychiatric treatment is needed to save your life, to prevent
serious damage to your health or to prevent you from suffering or continuing
to suffer significant pain or distress, it can be given to you without your
consent.
COMPLAINTS
You should be treated with dignity and respect and be protected from abuse
when you receive treatment and care for your medical condition. If you are
unhappy about any part of your treatment or care, you can complain. A good
place to start is with your case manager, primary nurse or another member of
the treating team, the complaints liaison officer or consumer consultant in the
hospital, your doctor or psychiatrist or the Director of Psychiatry at the
mental health service.
You can also complain directly to the Health Services Commissioner or the
chief psychiatrist.
If you need help with your complaint, you can ask someone you trust to assist
you. This might be a member of the treating team, a friend, a family
member, a lawyer or a community visitor.
IMPORTANT CONTACTS
The organisations you can contact for assistance and more information are
described below. The mental health service will provide you with their
contact details.
 Community visitors are people who visit mental health services at least
once a month to inquire into the adequacy of services and facilities for
the treatment and care of patients, investigate complaints and report on
their inquiries and investigations.
[insert appropriate contact details]
 The Mental Health Legal Centre is an independent legal service that
specialises in mental health legal issues. It may be able to arrange
representation for you at Mental Health Review Board hearings or give
advice about other legal matters.
[insert appropriate contact details]
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 Victoria Legal Aid provides free legal advice about a range of issues.
It may also provide legal assistance if you cannot afford a private
solicitor and may be able to assist with legal representation at Mental
Health Review Board hearings.
[insert appropriate contact details]
 The Public Advocate assists, advises and advocates for people with
serious complaints about mental health and disability services and
treatment.
[insert appropriate contact details]
 The Victorian Equal Opportunity and Human Rights Commission
helps people to resolve complaints about discrimination, has specific
functions in relation to the Charter of Human Rights and
Responsibilities and can give advice about the Charter.
Services include an enquiry line and a confidential, free and impartial
complaint resolution service.
[insert appropriate contact details]
 The chief psychiatrist is a senior Department of Human Services
official appointed under the Mental Health Act 1986, with special
responsibilities in relation to people receiving mental health services.
These include the power to investigate complaints and other matters and
to take necessary action.
[insert appropriate contact details]
 The Health Services Commissioner is an independent commissioner
who investigates and helps to resolve complaints by health care
consumers about health services, including mental health services.
The Commissioner can help patients access their health information.
[insert appropriate contact details]
 The Ombudsman investigates complaints about government
departments.
[insert appropriate contact details]
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 The Mental Health Review Board is an independent tribunal that hears
appeals from involuntary patients, patients on restricted involuntary
treatment orders and security patients who want to be discharged from
their involuntary treatment status. It also automatically reviews these
patients.
[insert appropriate contact details]
You can also ask your case manager or any member of the treating team
about other local organisations and support groups which may be able to help
you.
__________________
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Sch. 17
SCHEDULE 17
Mental Health Act 1986
Section 75
Mental Health Regulations 2008
Regulation 12 Schedule 17
APPLICATION FOR LICENCE TO PERMIT THE
PERFORMANCE OF ELECTROCONVULSIVE THERAPY
To the Secretary,
I, .........................................................................................................................
(Full name of occupier)
am the occupier of premises known as...............................................................
............................................................................................................................
(Name of premises eg. Private Hospital, Approved Mental Health Service, Public Hospital)
located at.............................................................................................................
............................................................................................................................
(Address of premises)
I apply for a licence to perform electroconvulsive therapy at the above
premises.
In attachment A, I have enclosed a plan of the above premises indicating all
areas/suites where electroconvulsive therapy is to be performed.
Signature: ...........................................................................................................
Date:...............................
Attachment A
A plan of the premises indicating all areas/suites where electroconvulsive
therapy is to be performed.
__________________
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SCHEDULE 18
Mental Health Act 1986
Section 76
Mental Health Regulations 2008
Regulation 13 Schedule 18
LICENCE AUTHORISING PERFORMANCE OF
ELECTROCONVULSIVE THERAPY
Licence Number
............................................................................................................................
(Name of Occupier)
is the occupier of premises known as.................................................................
............................................................................................................................
(Name of premises eg. Private Hospital, Approved Mental Health Service, Public Hospital)
located at.............................................................................................................
(Address of premises)
This licence authorises the performance of electroconvulsive therapy at the
above premises in the areas/suites shown in Attachment A.
This licence is in force from
to
terms and conditions contained in Attachment B.
, and is subject to the
Signature:............................................................................................................
Title:....................................................................................................................
(Secretary or delegate)
Date:..........................
Attachment A
A plan of the premises where electroconvulsive therapy is to be performed.
Attachment B
The terms and conditions to which the licence is subject.
__________________
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Sch. 19
SCHEDULE 19
Mental Health Act 1986
Section 77(2)
Mental Health Regulations 2008
Regulation 14 Schedule 19
APPLICATION FOR RENEWAL OF AN
ELECTROCONVULSIVE THERAPY LICENCE
Licence Number
To the Secretary,
I, .........................................................................................................................
(Full name of occupier)
am the occupier of premises known as...............................................................
............................................................................................................................
(Name of premises eg. Private Hospital, Approved Mental Health Service,
Public Hospital)
located at.............................................................................................................
............................................................................................................................
(Address of premises)
The abovenamed premises are licensed to permit the performance of
electroconvulsive therapy.
The licence expires on........................................................................................
I apply for the renewal of this licence on the same terms and conditions.
Signature:............................................................................................................
Date:..........................
__________________
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Sch. 20
SCHEDULE 20
Mental Health Act 1986
Section 78(3)
Mental Health Regulations 2008
Regulation 15 Schedule 20
APPLICATION FOR AMENDMENT OF AN
ELECTROCONVULSIVE THERAPY LICENCE
Licence Number
To the Secretary,
I, .........................................................................................................................
(Full name of occupier)
am the occupier of premises known as...............................................................
............................................................................................................................
(Name of premises eg. Private Hospital, Approved Mental Health Service, Public Hospital)
located at.............................................................................................................
............................................................................................................................
(Address of premises)
The abovenamed premises are licensed to permit the performance of
electroconvulsive therapy.
The licence expires on........................................................................................
I apply for the amendment of this licence as follows:
Present condition, limitation or
restriction:...................................................................................
Proposed amendment:.........................................................................................
Reasons for proposed amendment:.....................................................................
Signature:............................................................................................................
Date:...........................
__________________
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SCHEDULE 21
FORM OF REGISTER OF MAJOR NON-PSYCHIATRIC
TREATMENT
Mental Health Act 1986
Section 85
Mental Health Regulations 2008
Regulation 17 Schedule 21
REGISTER OF MAJOR NON-PSYCHIATRIC TREATMENT
FOR..............................................................................................................
approved mental health service
Major non-psychiatric treatment was performed on the following patients
during the month of ......................(year)
UR Number
Patient's family name, first initial
Copies of written consents to major non-psychiatric treatment are attached
for all patients listed above.
............................................................................................................................
GIVEN NAMES/FAMILY NAME (BLOCK LETTERS) of *delegated/authorised psychiatrist
Signed......................................................date..................................
*circle as necessary
__________________
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SCHEDULE 22
RECORD OF VISITS BY COMMUNITY VISITORS RETURN
FOR THE MONTH OF
Mental Health Act 1986
Section 114
Mental Health Regulations 2008
Regulation 19 Schedule 22
Reference No.:
……………….
Facility:……………………………………………………………………….
Arrival time:…………………………………………………………………
Names of CVs (print):…………………………..............Date:……………
1. Issues from previous visit/s: None  Resolved  Unresolved 
If unresolved, give brief details and status:
…………………………………………………………………………………
2. Observations:
…………………………………………………………………………………
3. Issues and matters for attention Written response required 
…………………………………………………………………………………
Signature of Unit Manager / Deputy:…………………………………………
═══════════════
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Endnotes
ENDNOTES
1. General Information
The Mental Health Regulations 2008, S.R. No. 111/2008 were made on
15 September 2008 by the Governor in Council under section 142 of the
Mental Health Act 1986, No. 59/1986 and came into operation on
21 September 2008: regulation 3(1).
The Mental Health Regulations 2008 will sunset 10 years after the day of
making on 15 September 2018 (see section 5 of the Subordinate Legislation
Act 1994).
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Endnotes
2. Table of Amendments
This Version incorporates amendments made to the Mental Health
Regulations 2008 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Mental Health Amendment Regulations 2010, S.R. No. 81/2010
Date of Making:
24.8.10
Date of Commencement:
24.8.10
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
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Endnotes
3. Explanatory Details
1
Reg. 3(2)(a): S.R. No. 120/1998. Reprint No. 1 as at 7 December 2004.
Reprinted to S.R. No. 157/2004 and subsequently amended by
S.R. Nos 111/2005, 127/2005, 39/2006 and 174/2006.
2
Reg. 3(2)(b): S.R. No. 45/2001.
3
Reg. 3(2)(c): S.R. No. 111/2003.
4
Reg. 3(2)(d): S.R. No. 149/2004.
5
Reg. 3(2)(e): S.R. No. 157/2004.
6
Reg. 3(2)(f): S.R. No. 111/2005.
7
Reg. 3(2)(g): S.R. No. 127/2005.
8
Reg. 3(2)(h): S.R. No. 39/2006.
9
Reg. 3(2)(i): S.R. No. 174/2006.
156