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Mental health act - (which one is in force?)

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Dinny View Drop Down

Joined: 21/January/2012
Posts: 1
  Quote Dinny Quote  Post ReplyReply Direct Link To This Post Topic: Mental health act - (which one is in force?)
    Posted: 21/January/2012 at 04:07
Hello everyone

I am a law student from Croatia and my question is about Australian legislation considering mental health care and treatment, so I apologize if this is not the right category for my topic, but I could not find any considering the medicine law.

Now to get to the point:
We have been given cases with patients with mental health problems and mine is specifically about the electroconvulsive therapy. The patient refused it but a guardian was appointed to her and he agreed to the proposed treatment despite her refusal.

So, in order to be able to solve the case, I need to know which act applies to the patient. Since I'm not quite familiar with the Australian law and dont know which acts are in force in Australia, I tried to google health acts but the problem is that I have found a couple of them. For example, I found the Mental Health act dating from 1986 with all amendments but that was in force in the state of Victoria.
Then, I found the Mental health (treatment and care) Act in 1994 also with the latest amendments that was authorised but the ACT parliamentary counsel.

So, my question is - are there mental health acts in force for every state of Australia individually or is there a general mental health care act or similar document that applies to the whole Australia?
I havent been given information about the state where my patient is from, I only know that she's from Australia, so it might be wrong to apply the act which is in force only in Victoria.

Thank you in advance for your help and answers.

Greetings from Croatia

Edited by Dinny - 21/January/2012 at 04:25

NotGuilty View Drop Down
Legal Guru
Legal Guru

Joined: 19/February/2008
Location: ACT
Posts: 1139
  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 21/January/2012 at 14:29
Under the Australian Constitution the states have power over mental health. Thus, each state has its own mental health Act. In New South Wales, for example, its called the Metal Health Act 2007.

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