4

 

 

Third Session, 47th General Assembly

63 Elizabeth II, 2014

BILL 4

AN ACT TO AMEND THE MENTAL HEALTH CARE
AND TREATMENT ACT

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE SUSAN SULLIVAN

Minister of Health and Community Services

Ordered to be printed by the Honourable House of Assembly

 

 

EXPLANATORY NOTES

This Bill would amend the Mental Health Care and Treatment Act to

·         clarify to whom a rights advisor may offer advice and assistance;

·         add a requirement for a rights advisor to contact a person who is an involuntary patient or who is under a community treatment order and his or her representative within 10 days of the first meeting between the rights advisor and the person; and

·         remove the requirement for a community treatment order to contain an undertaking by the person who is the subject of the order.

A BILL

AN ACT TO AMEND THE MENTAL HEALTH CARE AND TREATMENT ACT

Analysis


        1.   S.14 Amdt.
Functions of rights advisor

        2.   S.41 Amdt.
Form and contents of community treatment order


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2006 cM-9.1
as amended

        1. (1) Paragraph 14(1)(a) of the Mental Health Care and Treatment Act is repealed and the following substituted:

             (a)  a person who is an involuntary patient;

             (2)  Paragraph 14(2)(a) of the Act is repealed and the following substituted:

             (a)  meet in person or by other means as soon as possible with a person referred to in paragraph (1)(a) or (b) and in any event within 24 hours of the person becoming an involuntary patient or the issuance of a community treatment order and meet after that at the request of the person referred to in paragraph (1)(a) or (b) or as required by this Act or the regulations;

             (3)  Subsection 14(2) of the Act is amended by adding immediately after paragraph (a) the following:

         (a.1)  contact a person referred to in paragraph (1)(a) or (b) and his or her representative within 10 days of the meeting referred to in paragraph (a) unless the person or the representative contacts the rights advisor first;

 

        2. Subsection 41(2) of the Act is amended by adding the word "and" at the end of paragraph (f) and by repealing paragraph (g).