the Director may apply to the court for an order under section 55 declaring the patient to be a restricted patient. Section 115A: inserted, on 1 April 2000, by section 65 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). such other matters as the district inspector or the Director thinks fit to be inquired into respecting any patients, or the management of the hospital or service. Section 16(1C): inserted, on 1 April 2000, by section 16(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). unless and until such a notice is given, that person shall be deemed to continue to be in the legal custody of the person in whose custody he or she was under the Corrections Act 2004 notwithstanding that the person is absent from the institution: where the certificate of preliminary assessment contains a finding of the kind described in section 10(1)(b)(ii), the medical practitioner giving the certificate shall give a notice in accordance with section 11(1), directing that the person be admitted to and detained in a specified hospital for the purposes of assessment and treatment throughout the first period of assessment and treatment; and, where the assessment interview was conducted in the institution, that notice shall be sufficient authority for the removal of the detained person from the institution to the hospital: on the giving of the notice referred to in paragraph (d) in respect of any person who was detained in a prison, that person is deemed to have ceased to be in legal custody under the Corrections Act 2004: if the certificate of further assessment contains a finding of the kind described in section 12(1)(b)(ii), the responsible clinician giving the certificate shall give a notice in accordance with section 13(1), directing that the person be admitted to and detained in a specified hospital for the purposes of assessment and treatment during the second period of assessment and treatment: the court shall not make a community treatment order in respect of the person. This subsection is subject to subsection (3). A direction given under subsection (1) or an arrangement made under subsection (3) shall be sufficient authority for the transfer of the patient and for his or her reception into the hospital or service to which it is directed or arranged that the patient be transferred. If the court considers that the patient is not mentally disordered, it shall order that the patient be released from compulsory status forthwith. Section 45 heading: amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50). negligently includes or negligently causes to be included in any such notice, statement, or entry any particular that is false or misleading in any material respect. Section 29(5): inserted, on 1 April 2000, by section 22(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). If the Director of Area Mental Health Services considers—, that any patient who is subject to an inpatient order presents special difficulties because of the danger he or she poses to others; and. Section 48(1)(d): replaced, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). Section 109 heading: replaced, on 1 April 2000, by section 59 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). there remain reasonable grounds for believing that the patient is mentally disordered and that it is desirable that the patient be required to undergo further assessment and treatment. ;�N���0D)Ff�3M�L�t����X�v� It affects how we think, feel, and act. Section 53: amended, on 1 April 2000, by section 34 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The members of Review Tribunals are paid remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, under the Fees and Travelling Allowances Act 1951, and that Act applies accordingly. The court, tribunal, or person must ensure that the services of an interpreter are provided for the person, if—, the first or preferred language of the person is a language other than English, including Maori and New Zealand Sign Language; or, the person is unable, because of physical disability, to understand English; and. A constable who enters premises under subsection (2) may, for the purposes of section 40(2)(b), take the patient back to the hospital. but no reception order has been made, the notification or application shall be deemed for the purposes of this Act to be an application to the court for a compulsory treatment order, and shall be determined under Part 2 accordingly. In England, forms must comply with the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008, as amended by Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 with effect from 1/12/20.. New forms can be found by clicking on the and icons below: : Printable pink PDFs amended with the new wording. The person in charge of the hospital must send the information within 14 days after the patient is admitted. the Judge may direct that the case be referred to the Director for consideration. Section 9(1A): inserted, on 31 January 2018, by section 8(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 76(1A): inserted, on 1 April 2000, by section 40(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of a person’s mental capacity; and. Where an application is made under section 14(4) for a compulsory treatment order in respect of any patient, a District Court Judge shall examine the patient as soon as practicable and in no case later than 14 days after the application is filed in the court. the time it takes to conduct whichever of the following the proposed patient or patient was refusing to attend for: a review to which a notice given under section 76(1A) relates; or. ��b5�b���w�F��89b���)�
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