Mental Health (Compulsory Assessment and Treatment) Act 1992

• Jurisdiction: New Zealand
• Coming into Force: 29 October 2023
• Reference: 1992 No 46
• Citation: 1992 No 46
• Year: 1992
• Record Number: DLM262175
• Act Number: 46
• Type of Document: Act

Contenidos

• Mental Health (Compulsory Assessment and Treatment) Act 1992
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 2AA Meaning of mental health practitioner during COVID-19 response
• 2A Meaning of proposed patient
• 2B Modification to section 2A during COVID-19 response
• 2C Transitional, savings, and related provisions
• 3 Act to bind Crown
• 4 General rules relating to liability to assessment or treatment
• 5 Powers to be exercised with proper respect for cultural identity and personal beliefs
• 6 Interpreters to be provided
• 6A Use of audiovisual links
• 7 Obligation to assign patient to responsible clinician
• 7A Practitioner or responsible clinician to consult
• 7B Modification to section 7A during COVID-19 response
• Part 1
• 8 Any person may fill out application form
• 8A Application for assessment
• 8B Certificate to accompany application for assessment
• 8C Modification to section 8B during COVID-19 response
• 9 Assessment examination to be arranged and conducted
• 9A Modifications to section 9 during COVID-19 response
• 10 Certificate of preliminary assessment
• 10A Modification to section 10 during COVID-19 response
• 11 Further assessment and treatment for 5 days
• 11A Modification to section 11 during COVID-19 response
• 12 Certificate of further assessment
• 13 Further assessment and treatment for 14 days
• 14 Certificate of final assessment
• 14A Documents relating to application for compulsory treatment order
• 15 Status of patient pending determination of application
• 16 Review of patient's condition by Judge
• Part 2
• 17 Applications to be heard and determined wherever practicable by Family Court Judge
• 18 Judge to examine patient where compulsory treatment order sought
• 19 Attendance of patient and other persons
• 20 Right of patient and other persons to be heard and call evidence
• 21 Court may call for report on patient
• 22 Evidence
• 23 Power of court to call witnesses
• 24 Proceedings not open to public
• 25 Publication of reports of proceedings
• 26 Court may dispense with hearing in certain circumstances
• 27 Court to consider patient's condition
• 28 Compulsory treatment orders
• 29 Community treatment orders
• 30 Inpatient orders
• 31 Leave for inpatients
• 32 Absence without leave
• 33 Compulsory treatment order to expire after 6 months
• 34 Court may extend order
• 34A Court may further extend order for 12-month period
• 34B Determination of application under section 34A
• 34C Examination and hearing of application for extension of community treatment order by audiovisual link
• 34D Court may dispense with examination and hearing
• 35 Release from compulsory status
• 36 Compulsory treatment order to cease to have effect in certain cases
• Part 3
• 37 Advice and assistance of general nature
• 38 Assistance when person may need assessment
• 38A Modifications to section 38 during COVID-19 response
• 39 Assistance in respect of outpatients and inpatients on leave
• 40 Assistance in taking or returning proposed patient or patient to place of assessment or treatment
• 41 Police assistance
• 41A Modification to section 41 during COVID-19 response
• Part 4
• 42 Notice of admission
• 42A Modification to section 42 during COVID-19 response
• 43 Notice of events concerning patient
• 43A Collection of biometric information
• 44 Treatment of special patients generally
• 45 Application for assessment may be made in respect of persons detained in prisons
• 45A Modification to section 45 during COVID-19 response
• 46 Detained persons in need of care and treatment
• 47 Removal of certain special patients to prisons
• 47A Removal of certain intellectually disabled patients to facilities
• 48 Relationship between detention in hospital and sentence
• 49 Transfer of special patients
• 50 Special patient defined
• 50A Minister may grant leave to special patients