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Contents (2007 - 8)
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Mental Health Act 2007 No 8
Current version for 28 November 2018 to date (accessed 21 January 2020 at 01:48)
Chapter 5 Part 2 Division 1
Division 1 Declared mental health facilities
109   Establishment of declared mental health facilities
(cf 1990 Act, s 208)
(1)  The Secretary, by order published in the Gazette:
(a)  may declare any premises to which this section applies and that are specified or described in the order to be a declared mental health facility, and
(b)  may, in the same or another order so published, name the premises so specified or described, and
(c)  may, in the same or another order so published, limit the provisions of this Act or the purposes under this Act for which the facility is a declared mental health facility.
(2)  Without limiting subsection (1), an order may do any of the following:
(a)  designate a declared mental health facility as a facility of a specified class,
(b)  designate the purposes for which a mental health facility of a specified class may be used,
(c)  impose restrictions on the use of a mental health facility for specified purposes,
(d)  impose any other conditions in relation to the operation of the facility as a mental health facility.
(3)  This section applies to the following premises:
(a)  premises that belong to or are under the control of the Crown or a person acting on behalf of the Crown,
(b)  premises that are under the control of a public health organisation within the meaning of the Health Services Act 1997,
(c)  premises that the owner or person who has control of the premises has agreed, by an instrument in writing given to the Secretary, to being premises to which this section applies.
110   Declared mental health facilities that are private mental health facilities
A declared mental health facility that is also a private mental health facility ceases to be a declared mental health facility if the licence for the facility is cancelled under Division 2.
111   Appointment of medical superintendents
(cf 1990 Act, s 209)
(1)  The Secretary must, by instrument in writing, appoint a medical practitioner as medical superintendent of a declared mental health facility (other than a private mental health facility).
(2)  The Secretary may (by the same or different instruments) appoint a medical practitioner as the medical superintendent of more than one declared mental health facility.
112   Appointment of deputy medical superintendents
(cf 1990 Act, s 210)
(1)  The Secretary may, by instrument in writing, appoint a medical practitioner as deputy medical superintendent of a declared mental health facility.
(2)  The deputy medical superintendent of a declared mental health facility has the functions of the medical superintendent of the facility during the absence, for any reason, of the medical superintendent or during a vacancy in the office of medical superintendent.
(3)  The Secretary may (by the same or different instruments) appoint a medical practitioner as the deputy medical superintendent of more than one declared mental health facility.
113   Directors and deputy directors of community treatment
(cf 1990 Act, ss 115, 150)
(1)  The Secretary must appoint the holder of a specified office as the director of community treatment of a mental health facility that implements treatment plans under community treatment orders and may appoint the holder of a specified office as the deputy director of community treatment of the facility.
(2)  An office may not be specified unless, in the opinion of the Secretary, it qualifies the holder to exercise the functions conferred or imposed on a director or deputy director by or under this Act.
(3)  A person appointed as a director of community treatment must be a health professional who is appropriately qualified for the position by education, training and experience.
(4)  The director of community treatment of a mental health facility may delegate a function conferred or imposed by this Act on the director (other than this power of delegation) to the deputy director.
114   Psychiatric case managers
(cf 1990 Act, s 116)
(1)  The director of community treatment of a declared mental health facility may appoint a person employed at the facility as the psychiatric case manager of an affected person under a community treatment order.
(2)  A person may not be appointed as a psychiatric case manager unless, in the opinion of the director, the person is qualified to supervise the treatment, and monitor the progress, of the affected person under a community treatment order.
(3)  The same person may be the director or deputy director of community treatment of a declared mental health facility and the psychiatric case manager of an affected person.