ACT Numbered Regulations - Explanatory Statements

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MENTAL HEALTH (TREATMENT AND CARE) AMENDMENT REGULATION 2011 (NO 1) (NO 14 OF 2011)

Australian Capital Territory

Mental Health (Treatment and Care) Amendment Regulation 2011 (No 1)

Subordinate law SL2011–14

made under the

Mental Health (Treatment and Care) Act 1994 Authorising law, authorising provision (provision heading)

EXPLANATORY STATEMENT


The Mental Health (Treatment and Care) regulation gives effect to the provisions of the Mental Health (Treatment and Care) Act 1994 Part 5A which provides for the interstate application of mental health laws.

The Regulation lists the jurisdictions’ whose Mental Health Acts are the subject of Ministerial Agreements with the ACT to allow interstate recognition of each others’ laws; the relevant legislation of those jurisdictions and the provisions of the legislation that allow for the planned interstate transfer or the apprehension and return, of patients with a mental illness as defined under the Act between the named jurisdictions.

As new Agreements are developed or existing agreements are reviewed, the Regulation requires amendment to update the list of jurisdictions, the relevant interstate Mental Health Acts and the specific provisions.

This amendment to the Regulation will add a new civil Agreement with Victoria, signed November 2010 and revise the references relating to the current forensic Agreement with Victoria to reflect the Victorian Mental Health legislation and Agreement accurately.