Mental Health Regulation 2017
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Mental Health Regulation 2017
Mental Health Regulation 2017
1 Short title
This regulation may be cited as the
Mental Health Regulation 2017 .
2 Commencement
This regulation commences on 5 March 2017.
3 Corresponding law— Act , sch 3 , definition
corresponding law
For the Act , schedule 3 , definition
corresponding law , each law of another State mentioned in schedule 1 is a corresponding law for the stated provision of the Act .
4 Prescribed registrant— Act , sch 3 , definition
psychiatrist , paragraph (b)
(1) For the Act , schedule 3 , definition
psychiatrist , paragraph (b), each of the following types of registrants are prescribed— (a) a registrant who holds general registration if— (i) the registrant is an overseas-trained health practitioner who holds a qualification in psychiatry; and
(ii) the registrant’s qualification has been assessed by the Royal Australian and New Zealand College of Psychiatrists as substantially comparable to the qualification called ‘Fellowship of the Royal Australian and New Zealand College of Psychiatrists’;
(b) a registrant who holds limited registration to practise in an area of need in a specialist position in psychiatry;
(c) a registrant who holds limited registration to undertake postgraduate training or supervised practice in a specialist position in psychiatry;
(d) a registrant who holds provisional registration to practise in a specialist position in psychiatry.
(2) In this section—
general registration
means general registration in the medical profession under the
Health Practitioner Regulation National Law .
limited registration
means limited registration in the medical profession under the
Health Practitioner Regulation National Law .
provisional registration
means provisional registration in the medical profession under the
Health Practitioner Regulation National Law .
s 4 amd 2022 SL No. 87 s 7
Schedule 1
Corresponding laws
section 3
1 Corresponding laws for particular provisions of Act relating to transfer of patients or transport of persons
(1) For a relevant provision, the corresponding laws are each of the following— • Mental Health Act 2015 (ACT)
• Mental Health Act 1996 (Norfolk Island)
•
Mental Health Act 2007 (NSW)
•
Mental Health Act 2009 (SA)
•
Mental Health Act 2013 (Tas)
•
Mental Health Act 2014 (WA)
•
Mental Health and Related Services Act 1998 (NT)
• Mental Health and Wellbeing Act 2022 (Vic).
(2) In this section—
relevant provision
means each of the following provisions of the Act —
• section 355(8), definition
interstate order
• section 357(4)
• section 369(2)
• section 370(1), (5)(b) and (6)
• section 520(2)(b)(iii)
• section 527(2)(b)(iii).
sch 1 s 1 amd 2022 Act No. 1 s 9D; 2022 SL No. 87 s 8; 2023 SL No. 146 s 8
2 Corresponding laws for Act , s 368 (1)(b) and (5)
For section 368(1)(b) and (5) of the Act , the corresponding laws are each of the following— •
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)
•
Criminal Justice (Mental Impairment) Act 1999 (Tas)
•
Criminal Law Consolidation Act 1935 (SA)
• Criminal Law (Mental Impairment) Act 2023 (WA)
• Magistrates Court Act 1930 (ACT)
• Mental Health Act 1996 (Norfolk Island)
•
Mental Health and Related Services Act 1998 (NT)
• Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
• the general law of a State providing for a person’s apprehension under a warrant or another document (however described).
sch 1 s 2 amd 2022 Act No. 1
s 9E ; 2022 SL No. 87 s 9; 2025 SL No. 25 s 8(1)–(2)
3 Corresponding laws for Act , s 513 , definition
interstate forensic order
For section 513 of the Act , definition
interstate forensic order , the corresponding laws are each of the following— •
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic)
•
Criminal Code Act 1983 (NT)
•
Criminal Justice (Mental Impairment) Act 1999 (Tas)
•
Criminal Law Consolidation Act 1935 (SA)
• Criminal Law (Mental Impairment) Act 2023 (WA)
• Mental Health Act 1996 (Norfolk Island)
• Mental Health Act 2015 (ACT)
• Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
sch 1 s 3 amd 2022 Act No. 1
s 9F ; 2025 SL No. 25 s 8(3)–(4)
4 [Repealed]
sch 1 s 4 amd 2022 Act No. 1 s 9G
om 2022 SL No. 87 s 10
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© The State of Queensland (Office of the Queensland Parliamentary Counsel) 2014-2026 (Ver. 2.7.30-7865 Rev. )
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