Mental Health Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Mental Health Regulations 2014 S.R. No. 77/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Definition 2 5 Designated mental health service 2 6 Contents of an Assessment Order, Temporary Treatment Order and Treatment Order 2 7 Remuneration and allowances 3 8 Prescribed premises 3 9 Electing persons to Community Visitors Mental Health Board 3 10 Functions of the Public Advocate 4 11 Transition provision 5 12 Payment for examination 5 __________________ SCHEDULES 6 SCHEDULE 1—Designated Mental Health Services 6 SCHEDULE 2—Mental Health Tribunal Member Remuneration Table 7 ═══════════════ -- 1 of 8 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 77/2014 Mental Health Act 2014 Mental Health Regulations 2014 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 24 June 2014 Responsible Minister: MARY WOOLDRIDGE Minister for Mental Health YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe for the purposes of the Mental Health Act 2014— (a) hospitals and services that are designated mental health services; and (b) the contents of various Orders under the Act; and (c) remuneration and allowances payable to members of the Tribunal; and (d) matters in relation to the Community Visitors Mental Health Board; and (e) the rate of payment for an examination. -- 2 of 8 -- S.R. No. 77/2014 Mental Health Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 370 of the Mental Health Act 2014. 3 Commencement These Regulations come into operation on 1 July 2014. 4 Definition In these Regulations— the Act means the Mental Health Act 2014. 5 Designated mental health service For the purposes of the definition of designated mental health service in section 3(1) of the Act, the hospitals and services listed in Schedule 1 are prescribed. 6 Contents of an Assessment Order, Temporary Treatment Order and Treatment Order (1) For the purposes of section 31(b) of the Act, the following information is prescribed in relation to an Assessment Order— (a) the date and time that the person was examined in accordance with section 30(1)(b) of the Act; (b) the date and time that the Assessment Order was made; (c) advice about the duration of the Assessment Order in accordance with section 34(1) of the Act. (2) For the purposes of section 49(b) of the Act, the following information is prescribed in relation to a Temporary Treatment Order— (a) the date and time that the Temporary Treatment Order was made; r. 2 -- 3 of 8 -- S.R. No. 77/2014 Mental Health Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (b) advice that the Temporary Treatment Order has a duration of 28 days unless it is revoked at an earlier date. (3) For the purposes of section 56(c) of the Act, the prescribed information in relation to a Treatment Order is the date that the Order was made. 7 Remuneration and allowances For the purposes of section 165(1) of the Act— (a) the prescribed remuneration of a class of Tribunal member specified in column 1 of the Table in Schedule 2 is expressed as a percentage of the remuneration payable from time to time to a member of VCAT specified in column 2 of that Table corresponding to that class of Tribunal member and, in the case of a part-time appointment, is reduced pro rata; and (b) the prescribed allowances to which a member of the Tribunal are entitled are the allowances determined in relation to that office by the Secretary from time to time in accordance with any applicable departmental policy. 8 Prescribed premises For the purposes of paragraph (c) of the definition of prescribed premises in section 213 of the Act, the prescribed class of mental health service providers is the class of services known as the "Prevention and Recovery Care Services". 9 Electing persons to Community Visitors Mental Health Board For the purposes of section 221(2)(b) of the Act— (a) an election must be held before 30 June in each year and conducted in accordance with these Regulations; and r. 7 -- 4 of 8 -- S.R. No. 77/2014 Mental Health Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (b) the office of one community visitor elected to the Community Visitors Mental Health Board will fall vacant each year; and (c) a community visitor elected to the Community Visitors Mental Health Board holds office from 1 July of the year that the community visitor was elected for a period of 2 years unless the community visitor resigns or the office of that community visitor becomes vacant. 10 Functions of the Public Advocate For the purposes of section 221(2)(b) of the Act, the functions of the Public Advocate in relation to elections to the Community Visitors Mental Health Board are— (a) to determine the process for the election of members to the Community Visitors Mental Health Board and the filling of any casual vacancy in respect of that Board, including, but not limited to, the requirements in relation to the notice of an election, nomination of candidates, ballot papers, method of voting and counting votes; and (b) to appoint a returning officer to conduct an election of members to the Community Visitors Mental Health Board or the filling of any casual vacancy in respect of that Board; and (c) to determine questions relating to the validity or regularity of votes; and (d) to ensure that a list of names and addresses of community visitors is maintained. r. 10 -- 5 of 8 -- S.R. No. 77/2014 Mental Health Regulations 2014 5 Authorised by the Chief Parliamentary Counsel 11 Transition provision (1) A community visitor holding or elected to hold office as a member of the Community (Psychiatric Services) Board immediately before 1 July 2014 is taken to be a member of the Community Visitors Mental Health Board on and from that day for the remainder of the community visitor's term of appointment unless the community visitor sooner resigns or the office of that community visitor becomes vacant. (2) An election held to fill any vacancy that arises as a result of subregulation (1) must be conducted in accordance with these Regulations. 12 Payment for examination For the purposes of section 357 of the Act, the prescribed rate in relation to an examination under the Act is the fee that is applicable in respect of the item of medical service in relation to such an examination that is set out in the table of medical services prescribed under section 4 of the Health Insurance Act 1973 of the Commonwealth. __________________ r. 11 -- 6 of 8 -- S.R. No. 77/2014 Mental Health Regulations 2014 6 Authorised by the Chief Parliamentary Counsel SCHEDULES Regulation 5 SCHEDULE 1 DESIGNATED MENTAL HEALTH SERVICES Albury Wodonga Health Alfred Health Austin Health Ballarat Health Services Barwon Health Bendigo Health Care Group Eastern Health Goulburn Valley Health Melbourne Health Mercy Public Hospitals Incorporated Monash Health Latrobe Regional Hospital New Mildura Base Hospital Peninsula Health South West Healthcare St Vincent's Hospital (Melbourne) Limited The Royal Children's Hospital __________________ Sch. 1 -- 7 of 8 -- S.R. No. 77/2014 Mental Health Regulations 2014 7 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulation 7 MENTAL HEALTH TRIBUNAL MEMBER REMUNERATION TABLE Column 1 Column 2 Mental Health Tribunal Member class Percentage rate of comparable VCAT member remuneration President 75% of remuneration payable to VCAT Deputy President Deputy President 70% of remuneration payable to VCAT Deputy President Senior Member Psychiatrist/Registered medical practitioner/Legal 80% of remuneration payable to VCAT Senior Member Senior Member Community 75% of remuneration payable to VCAT Senior Member Ordinary Member Psychiatrist/Registered medical practitioner/Legal 80% of remuneration payable to VCAT Ordinary Member Ordinary Member Community 75% of remuneration payable to VCAT Ordinary Member Ordinary Member (Sessional) Psychiatrist/Registered medical practitioner/Legal 80% of remuneration payable to VCAT Ordinary Member (Presiding) (Sessional) Ordinary Member (Sessional) Community 75% of remuneration payable to VCAT Ordinary Member (Non-presiding) (Sessional) ═══════════════ Sch. 2 -- 8 of 8 --