Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 8 July 2020 at 02:07) Current version
Chapter 5 Part 2
Part 2 Mental health facilities
Division 1 Declared mental health facilities
109   Establishment of declared mental health facilities
(cf 1990 Act, s 208)
(1)  The Director-General, 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 Director-General, 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 Director-General 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 Director-General 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 Director-General 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 Director-General 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 Director-General 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 Director-General, 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.
Division 2 Private mental health facilities
115   Application for licence
(cf 1990 Act, s 211)
(1)  A person may apply to the Director-General for a licence to keep premises as a private mental health facility for the admission, care and treatment of patients.
(2)  An application must be:
(a)  in a form approved by the Director-General, and
(b)  accompanied by a plan of the premises in respect of which the licence is sought and the prescribed fee.
116   Grant or refusal of licence
(cf 1990 Act, s 212)
(1)  The Director-General may grant an application for a licence under this Division or may refuse to grant the application.
(2)  If the Director-General grants the application, the Director-General:
(a)  must specify the maximum number of patients who may be kept or treated at the private mental health facility, and
(b)  must specify any other terms and conditions to which the licence is subject, as the Director-General thinks fit, and
(c)  must issue the applicant with a licence in a form approved by the Director-General.
117   Duration of licence
(cf 1990 Act, s 213)
A licence remains in force until it is cancelled in accordance with this Division.
118   Annual statement and licence fee
(cf 1990 Act, s 214)
A licensee must, on or before 31 December in each year:
(a)  forward to the Director-General a statement in a form approved by the Director-General relating to the conduct of the premises to which the licence relates and the admission of patients to those premises and the care and treatment of patients on those premises, and
(b)  pay to the Director-General the prescribed annual licence fee.
119   Duplicate licence
(cf 1990 Act, s 215)
If the Director-General is satisfied that a licence has been lost, destroyed or damaged, the Director-General may, on payment of the prescribed fee, issue a duplicate licence to the licensee.
120   Cancellation of licences—generally
(cf 1990 Act, s 216)
The Director-General may cancel a licence:
(a)  if the annual licence fee payable in respect of the licence has not been paid by the due date, or
(b)  if the licensee requests the Director-General, in writing, to cancel the licence, or
(c)  if the premises to which the licence relates have ceased to be kept as a mental health facility for the admission, care and treatment of patients, or
(d)  if the premises to which the licence relates cease to be the subject of a licence under the Private Hospitals and Day Procedure Centres Act 1988.
121   Cancellation of licences—failure to show cause
(cf 1990 Act, s 217)
(1)  The Director-General may, by notice in writing served on the holder of a licence, require the holder to show cause, by a date and time specified in the notice (being a date not less than 1 month after the date of service of the notice), why the licence should not be cancelled.
(2)  The Director-General may cancel the licence if, by the date and time referred to in the notice, the holder of the licence has not shown sufficient cause why the licence should not be cancelled.
122   Variation of licence
(cf 1990 Act, s 218)
(1)  The holder of a licence may, at any time, apply to the Director-General for the variation of any term or condition to which the licence is subject.
(2)  The Director-General may, on an application being made:
(a)  vary any term or condition to which a licence is subject, or
(b)  refuse to grant the application.
123   Provision of medical services in private mental health facilities
(cf 1990 Act, s 219)
The holder of a licence must make such arrangements as may be approved by the Director-General for the provision of medical services to patients in the private mental health facility.
124   Medical superintendents
(cf 1990 Act, ss 220, 221)
(1)  The holder of a licence must appoint a medical practitioner approved by the Director-General as the medical superintendent of the private mental health facility.
(2)  The medical superintendent of a private mental health facility must cause to be kept such records and furnish to the Director-General such particulars as are approved by the Minister in respect of the admission, treatment, discharge, removal, absence with or without leave or death of each patient admitted to the facility.
125   Deputy medical superintendents
(cf 1990 Act, ss 222, 223)
(1)  The holder of a licence may appoint a medical practitioner as the deputy medical superintendent of the private mental health facility.
(2)  The appointment of the medical practitioner must be approved by the Director-General before it takes effect.
(3)  The deputy medical superintendent of a private 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.
126   Unlicensed private mental health facilities
(cf 1990 Act, s 224)
A person keeping premises is guilty of an offence against this Act if:
(a)  the premises were the subject of a licence that has ceased to be in force, and
(b)  at any time after 2 months after the licence ceases to be in force, there is in or on the premises a person who was a patient immediately before the licence ceased to be in force and who has not ceased to be a patient.
Maximum penalty: 50 penalty units.
127   Certain private hospitals to be licensed
(cf 1990 Act, s 225)
A person must not conduct a private hospital within the meaning of the Private Hospitals and Day Procedure Centres Act 1988 at which a person is being treated primarily for a mental illness, unless the person who conducts the hospital is the holder of a licence granted under this Division.
Maximum penalty: 50 penalty units.