Sentencing (Mental Health) (Amendment) Regulations 2006

i Sentencing (Mental Health) (Amendment) Regulations 2006 S.R. No. 125/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Substitution of regulations 9, 10, 11, 12 and 13 2 9. Assessment order 2 10. Diagnosis, assessment and treatment order 2 11. Certificate of psychiatrist 2 12. Report of authorised psychiatrist 2 13. Restricted involuntary treatment orders and hospital security orders 3 5. Form 2 substituted 3 Form 2—Assessment Order for Detention in an Approved Mental Health Service 3 6. Form 3 amended 4 7. Form 4 substituted 5 Form 4A—Certificate of Psychiatrist for Diagnosis, Assessment and Treatment Order 5 Form 4B—Certificate of Psychiatrist for Restricted Involuntary treatment order 6 Form 4C—Certificate of Psychiatrist for Hospital Security Order 7 8. Form 5 substituted 8 Form 5A—Report of Authorised Psychiatrist for Diagnosis, Assessment and Treatment Order 8 Form 5B—Report of Authorised Psychiatrist for Restricted Involuntary Treatment Order 9 Form 5C—Report of Authorised Psychiatrist for Hospital Security Order 10 -- 1 of 15 -- Regulation Page ii 9. Form 6 substituted 11 Form 6—Restricted Involuntary Treatment Order 11 10. Form 7 substituted 12 Form 7—Hospital Security Order 12 ═══════════════ ENDNOTES 13 -- 2 of 15 -- 1 STATUTORY RULES 2006 S.R. No. 125/2006 Sentencing Act 1991 Sentencing (Mental Health) (Amendment) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 26 September 2006 Responsible Minister: ROB HULLS Attorney-General RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Sentencing Regulations 2002 consequential on the Sentencing and Mental Health Acts (Amendment) Act 2005 and to make minor technical amendments. 2. Authorising provision These Regulations are made under section 116 of the Sentencing Act 1991. 3. Commencement These Regulations come into operation on 1 October 2006. -- 3 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 2 4. Substitution of regulations 9, 10, 11, 12 and 13 For regulations 9, 10, 11, 12 and 13 of the Sentencing Regulations 2002 1 substitute— "9. Assessment order The prescribed form for an assessment order under section 90 of the Act is Form 2 in the Schedule. 10. Diagnosis, assessment and treatment order The prescribed form for a diagnosis, assessment and treatment order under section 91 of the Act is Form 3 in the Schedule. 11. Certificate of psychiatrist (1) For the purposes of section 91(1)(b) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4A in the Schedule. (2) For the purposes of section 93(1)(a) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4B in the Schedule. (3) For the purposes of section 93A(1)(a) of the Act, the prescribed form of a certificate of a psychiatrist is Form 4C in the Schedule. 12. Report of authorised psychiatrist (1) For the purposes of section 91(1)(c) of the Act, the prescribed form of a report is Form 5A in the Schedule. (2) For the purposes of section 93(1)(b) of the Act, the prescribed form of a report is Form 5B in the Schedule. (3) For the purposes of section 93A(1)(b) of the Act, the prescribed form of a report is Form 5C in the Schedule. r. 4 -- 4 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 3 13. Restricted involuntary treatment orders and hospital security orders (1) The prescribed form for a restricted involuntary treatment order under section 93 of the Act is Form 6 in the Schedule. (2) The prescribed form for a hospital security order under section 93A of the Act is Form 7 in the Schedule.". 5. Form 2 substituted For Form 2 in the Schedule to the Sentencing Regulations 2002 substitute— "FORM 2 Regulation 9 ASSESSMENT ORDER FOR DETENTION IN AN APPROVED MENTAL HEALTH SERVICE Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. 1. The defendant has been found guilty of the following offence: 2. The Court is of the opinion that— (a) the defendant appears to be mentally ill; and (b) the defendant's mental illness may require treatment and that treatment may be obtained by the defendant being detained in an approved mental health service; and (c) because of the defendant's mental illness, involuntary treatment of the defendant is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. r. 5 -- 5 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 4 3. The Court has received advice in writing from you that the approved mental health service named above has the facilities or services available to undertake an assessment of the defendant's suitability for a restricted involuntary treatment order or a hospital security order. THE COURT ORDERS that the defendant be detained in the approved mental health service named above as an involuntary patient for a period of hours [not exceeding 72 hours] to enable an assessment to be made of his or her suitability for a restricted involuntary treatment order under section 93 of the Sentencing Act 1991 or a hospital security order under section 93A of the Sentencing Act 1991, and thereafter to be brought before this Court on at a.m./p.m. CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant— (a) to the approved mental health service named above; and (b) from the approved mental health service named above to the Court. Dated Day Month Year Signature of Judge/Magistrate __________________". 6. Form 3 amended In Form 3 in the Schedule to the Sentencing Regulations 2002 omit "admitted to and". r. 6 -- 6 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 5 7. Form 4 substituted For Form 4 in the Schedule to the Sentencing Regulations 2002 substitute— "FORM 4A Regulation 11(1) CERTIFICATE OF PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER Ref. No. Date of hearing To the Court [Full name of defendant] [Defendant's address] I [Full name] am a registered medical practitioner and psychiatrist. I personally examined the defendant on at a.m./p.m. It is my opinion that— (a) the defendant appears to be mentally ill; and (b) the defendant's mental illness requires treatment and that treatment can be obtained by the defendant being subject to a diagnosis, assessment and treatment order under section 91 of the Sentencing Act 1991; and (c) because of the defendant's mental illness, involuntary treatment of the defendant is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. I base my opinion on the following facts: [Signature of certifying psychiatrist] [Full name in block letters] [Full address] Telephone No. [Qualifications] Date: __________________ r. 7 -- 7 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 6 FORM 4B Regulation 11(2) CERTIFICATE OF PSYCHIATRIST FOR RESTRICTED INVOLUNTARY TREATMENT ORDER Ref. No. Date of hearing To the Court [Full name of defendant] [Defendant's address] I [Full name] am a registered medical practitioner and psychiatrist. I personally examined the defendant on at a.m./p.m. It is my opinion that— (a) the defendant appears to be mentally ill; and (b) the defendant's mental illness requires treatment and that treatment can be obtained by the defendant being subject to a restricted involuntary treatment order under section 93 of the Sentencing Act 1991; and (c) because of the defendant's mental illness, involuntary treatment of the defendant is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. I base my opinion on the following facts: [Signature of certifying psychiatrist] [Full name in block letters] [Full address] Telephone No. [Qualifications] Date: __________________ r. 7 -- 8 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 7 FORM 4C Regulation 11(3) CERTIFICATE OF PSYCHIATRIST FOR HOSPITAL SECURITY ORDER Ref. No. Date of hearing To the Court [Full name of defendant] [Defendant's address] I [Full name] am a registered medical practitioner and psychiatrist. I personally examined the defendant on at a.m./p.m. It is my opinion that— (a) the defendant appears to be mentally ill; and (b) the defendant's mental illness requires treatment and that treatment can be obtained by the defendant being subject to a hospital security order under section 93A of the Sentencing Act 1991; and (c) because of the defendant's mental illness, the detention and treatment of the defendant in an approved mental health service is necessary for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public. I base my opinion on the following facts: [Signature of certifying psychiatrist] [Full name in block letters] [Full address] Telephone No. [Qualifications] Date: __________________". r. 7 -- 9 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 8 8. Form 5 substituted For Form 5 in the Schedule to the Sentencing Regulations 2002 substitute— "FORM 5A Regulation 12(1) REPORT OF AUTHORISED PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER Ref. No. Date of hearing To the Court [Full name of defendant] [Defendant's address] 1. I [Full name] am the authorised psychiatrist of [name of approved mental health service] an approved mental health service. 2. I have read the certificate of Dr. [full name] dated concerning the defendant. 3. I recommend the making of a diagnosis, assessment and treatment order under section 91 of the Sentencing Act 1991. 4. There are facilities or services available at the approved mental health service named above for the diagnosis, assessment and treatment of the defendant. [Signature of authorised psychiatrist] [Qualifications] Telephone No. Date: __________________ r. 8 -- 10 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 9 FORM 5B Regulation 12(2) REPORT OF AUTHORISED PSYCHIATRIST FOR RESTRICTED INVOLUNTARY TREATMENT ORDER Ref. No. Date of hearing To the Court [Full name of defendant] [Defendant's address] 1. I [Full name] am the authorised psychiatrist of [name of approved mental health service] an approved mental health service. 2. I have read the certificate of Dr. [full name] dated concerning the defendant. 3. I recommend the making of a restricted involuntary treatment order under section 93 of the Sentencing Act 1991. 4. There are facilities or services available at the approved mental health service named above for the treatment of the defendant. [Signature of authorised psychiatrist] [Qualifications] Telephone No. Date: __________________ r. 8 -- 11 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 10 FORM 5C Regulation 12(3) REPORT OF AUTHORISED PSYCHIATRIST FOR HOSPITAL SECURITY ORDER Ref. No. Date of hearing To the Court [Full name of defendant] [Defendant's address] 1. I [Full name] am the authorised psychiatrist of [name of approved mental health service] an approved mental health service. 2. I have read the certificate of Dr. [full name] dated concerning the defendant. 3. I recommend the making of a hospital security order under section 93A of the Sentencing Act 1991. 4. There are facilities or services available at the approved mental health service named above for the treatment of the defendant. [Signature of authorised psychiatrist] [Qualifications] Telephone No. Date: __________________". r. 8 -- 12 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 11 9. Form 6 substituted For Form 6 in the Schedule to the Sentencing Regulations 2002 substitute— "FORM 6 Regulation 13(1) RESTRICTED INVOLUNTARY TREATMENT ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. THE COURT ORDERS that the defendant be treated at the approved mental health service named above as an involuntary patient subject to a restricted involuntary treatment order under section 93 of the Sentencing Act 1991 for a period of [not exceeding 2 years]. CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant to the approved mental health service named above. Dated Day Month Year Signature of Judge/Magistrate __________________". r. 9 -- 13 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 12 10. Form 7 substituted For Form 7 in the Schedule to the Sentencing Regulations 2002 substitute— "FORM 7 Regulation 13(2) HOSPITAL SECURITY ORDER Ref. No. Informant of Defendant of TO: The Authorised Psychiatrist of an approved mental health service. THE COURT ORDERS that the defendant be detained in the approved mental health service named above as a security patient subject to a hospital security order under section 93A of the Sentencing Act 1991 for a period of (which does not exceed the term of imprisonment to which the defendant would have been sentenced had this order not been made). A non-parole period of is fixed. CUSTODY OF DEFENDANT [To be completed as necessary] [Full name in block letters] employed by [insert employer's name] as [insert designation] shall be responsible for taking the defendant to the approved mental health service named above. Dated Day Month Year Signature of Judge/Magistrate". ═══════════════ r. 10 -- 14 of 15 -- S.R. No. 125/2006 Sentencing (Mental Health) (Amendment) Regulations 2006 13 ENDNOTES 1 Reg. 4: S.R. No. 21/2002 Endnotes -- 15 of 15 --