Mental Health Act 2015
- Number
- A2015-38
- Status
- In Force
- Current law
- Regulations & instruments
- Point-in-time versions
- Law history
Current version
Notes
- Uncommenced expiry of provisions.
- Proposed amendments by Justice (Age of Criminal Responsibility) Legislation Amendment Bill 2023.
- Proposed amendments by Mental Health Amendment Bill 2023.
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 23 June 2021 | HTMLPDFWord | R17 | 23 June 2021 | Republication for amendments by A2021-12 |
Administering Minister and Directorate
- Minister for Mental Health - ACT Health Directorate
- Minister for Mental Health - Canberra Health Services
- Attorney-General - Justice and Community Safety Directorate
Legislative instruments
Legislative instruments under the Act and its subordinate laws
Notes
- Interstate agreements entered into under the Mental Health (Treatment and Care) Act 1994 and in force on 1 March 2016 were continued in force under this Act.
| Name | Status | Classifier | Type | Under | Effective | Year and No |
|---|---|---|---|---|---|---|
| Mental Health (Treatment and Care) (Interstate Application of Mental Health Laws) Agreement 2002 (No 1) | None | Notifiable instruments | s 244 | 25 July 2002 | NI2002-405 | |
| Mental Health (Treatment and Care) (Interstate Application of Mental Health Laws) Agreement 2002 (No 2) | None | Notifiable instruments | s 244 | 30 August 2002 | NI2002-406 | |
| Mental Health (Treatment and Care) (Interstate Application of Mental Health Laws) Agreement 2003 | None | Notifiable instruments | s 244 | 18 November 2003 | NI2003-523 | |
| Mental Health (Treatment and Care) (Interstate Application of Mental Health Laws) Agreement 2004 | None | Notifiable instruments | s 244 | 6 May 2004 | NI2004-500 | |
| Mental Health (Treatment and Care) Interstate Application of Mental Health Laws Agreement 2011 | None | Notifiable instruments | s 244 | 15 April 2011 | NI2011-196 | |
| Mental Health (Chief Psychiatrist) Appointment 2016 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 196 | 1 March 2016 - 29 November 2019 | NI2016-27 |
| Mental Health (Care Coordinator) Appointment 2016 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 204 | 1 March 2016 - 4 April 2019 | NI2016-28 |
| Mental Health (Officers) Appointment 2016 (No 1) | None | Appointment | Notifiable instruments | s 201 | 1 March 2016 | NI2016-29 |
| Mental Health (Facility) Approval 2016 (No 1) | None | Notifiable instruments | s 261 | 1 March 2016 | NI2016-30 | |
| Mental Health (Facility) Approval 2016 (No 2)(Repealed) | Repealed | Notifiable instruments | s 261 | 1 March 2016 - 23 August 2021 | NI2016-31 | |
| Mental Health (Community Care Facility) Approval 2016 (No 1) | None | Notifiable instruments | s 262 | 1 March 2016 | NI2016-32 | |
| Mental Health (Community Care Facility) Approval 2016 (No 2) | None | Notifiable instruments | s 262 | 1 March 2016 | NI2016-33 | |
| Mental Health (Principal Official Visitor) Appointment 2016 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 210 | 1 March 2016 - 3 June 2016 | NI2016-37 |
| Mental Health (Coordinating Director-General) Appointment 2016 (No 1) | None | Appointment | Notifiable instruments | s 215 | 1 March 2016 | NI2016-43 |
| Mental Health (Inspectors) Appointment 2016 (No 1) | None | Appointment | Notifiable instruments | s 234 | 15 February 2016 | NI2016-98 |
| Mental Health (Facility) Approval 2016 (No 3)(Repealed) | Repealed | Notifiable instruments | s 261 | 1 March 2016 - 2 July 2023 | NI2016-104 | |
| Mental Health (Community Care Facility) Approval 2016 (No 3)(Repealed) | Repealed | Notifiable instruments | s 262 | 1 March 2016 - 31 August 2023 | NI2016-105 | |
| Mental Health (Care Coordinator) Delegation 2016 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 1 April 2016 - 1 August 2023 | NI2016-148 |
| Mental Health (Care Coordinator) Delegation 2016 (No 2)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 8 April 2016 - 1 August 2023 | NI2016-163 |
| Mental Health (Care Coordinator) Delegation 2016 (No 3)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 15 April 2016 - 1 August 2023 | NI2016-177 |
| Mental Health (Care Coordinator) Delegation 2016 (No 4)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 27 May 2016 - 10 December 2016 | NI2016-248 |
| Mental Health (Care Coordinator) Delegation 2016 (No 5)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 31 May 2016 - 1 August 2023 | NI2016-260 |
| Mental Health (Principal Official Visitor) Appointment 2016 (No 2)(Repealed) | Repealed | Appointment | Disallowable instruments | s 210 | 15 June 2016 - 3 June 2019 | DI2016-84 |
| Mental Health (Acting Care Coordinator) Appointment 2016 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 204 | 11 August 2016 - 5 September 2016 | NI2016-438 |
| Mental Health (Community Care Facility) Approval 2016 (No 4) | None | Notifiable instruments | s 262 | 30 August 2016 | NI2016-470 | |
| Mental Health (Facility) Approval 2016 (No 4) | None | Notifiable instruments | s 261 | 30 August 2016 | NI2016-469 | |
| Mental Health (Care Coordinator) Delegation 2016 (No 6)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 6 September 2016 - 23 November 2016 | NI2016-483 |
| Mental Health (Care Coordinator) Delegation 2016 (No 7)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 6 September 2016 - 1 August 2023 | NI2016-484 |
| Mental Health (Care Coordinator) Delegation Revocation 2016 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 23 November 2016 - 29 November 2016 | NI2016-651 |
| Mental Health (Care Coordinator) Delegation 2016 (No 8)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 9 December 2016 - 3 March 2017 | NI2016-666 |
| Mental Health (Care Coordinator) Delegation Revocation 2016 (No 2)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 10 December 2016 - 16 December 2016 | NI2016-671 |
| Mental Health (Care Coordinator) Delegation Revocation 2017 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 3 March 2017 - 4 March 2017 | NI2017-103 |
| Mental Health (Care Coordinator) Delegation 2017 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 10 March 2017 - 10 October 2017 | NI2017-113 |
| Mental Health (Advisory Council) Appointment 2017 (No 1) | None | Appointment | Notifiable instruments | s 240 | 28 March 2017 | NI2017-158 |
| Mental Health (Care Coordinator) Delegation 2017 (No 3)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 9 May 2017 - 1 August 2023 | NI2017-226 |
| Mental Health (Care Coordinator) Delegation 2017 (No 2)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 9 May 2017 - 1 August 2023 | NI2017-227 |
| Mental Health (Care Coordinator) Delegation 2017 (No 4)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 10 October 2017 - 1 August 2023 | NI2017-516 |
| Mental Health (Care Coordinator) Delegation Revocation 2017 (No 2)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 10 October 2017 - 11 October 2017 | NI2017-517 |
| Mental Health (Care Coordinator) Delegation 2017 (No 5)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 10 October 2017 - 1 August 2023 | NI2017-518 |
| Mental Health (Care Coordinator) Acting Appointment 2017 (No 1)(Repealed) | Repealed | Appointment | Notifiable instruments | s 204 | 25 October 2017 - 7 November 2017 | NI2017-543 |
| Mental Health (Care Coordinator) Delegation 2017 (No 6)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 19 December 2017 - 27 February 2018 | NI2017-672 |
| Mental Health (Care Coordinator) Delegation 2017 (No 7)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 19 December 2017 - 8 June 2018 | NI2017-673 |
| Mental Health (Care Coordinator) Delegation 2018 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 12 January 2018 - 10 July 2018 | NI2018-13 |
| Mental Health (Care Coordinator) Delegation 2018 (No 3)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 23 February 2018 - 16 November 2018 | NI2018-80 |
| Mental Health (Care Coordinator) Delegation 2018 (No 2)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 23 February 2018 - 1 August 2023 | NI2018-82 |
| Mental Health (Care Coordinator) Delegation Revocation 2018 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 27 February 2018 - 28 February 2018 | NI2018-91 |
| Mental Health (Care Coordinator) Delegation 2018 (No 4)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 27 February 2018 - 1 August 2023 | NI2018-104 |
| Mental Health (Facility) Approval 2018 (No 1) | None | Notifiable instruments | s 261 | 1 July 2018 | NI2018-193 | |
| Mental Health (Community Care Facility) Approval 2018 (No 1) | None | Notifiable instruments | s 262 | 1 July 2018 | NI2018-194 | |
| Mental Health (Care Coordinator) Delegation Revocation 2018 (No 2)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 8 June 2018 - 9 June 2018 | NI2018-306 |
| Mental Health (Care Coordinator) Delegation Revocation 2018 (No 3)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 10 July 2018 - 11 July 2018 | NI2018-367 |
| Mental Health (Care Coordinator) Delegation 2018 (No 5)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 24 July 2018 - 1 August 2023 | NI2018-374 |
| Mental Health (Care Coordinator) Delegation 2018 (No 6)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 10 August 2018 - 1 August 2023 | NI2018-421 |
| Mental Health (Care Coordinator) Delegation 2018 (No 7)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 24 August 2018 - 1 August 2023 | NI2018-468 |
| Mental Health (Care Coordinator) Delegation 2018 (No 8)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 24 August 2018 - 13 November 2018 | NI2018-469 |
| Mental Health (Care Coordinator) Delegation 2018 (No 9)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 24 August 2018 - 1 August 2023 | NI2018-470 |
| Mental Health (Care Coordinator) Delegation 2018 (No 10)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 7 September 2018 - 1 August 2023 | NI2018-497 |
| Mental Health (Care Coordinator) Delegation 2018 (No 11)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 23 October 2018 - 22 February 2019 | NI2018-562 |
| Mental Health (Care Coordinator) Delegation Revocation 2018 (No 4)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 13 November 2018 - 14 November 2018 | NI2018-617 |
| Mental Health (Care Coordinator) Delegation Revocation 2018 (No 5)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 16 November 2018 - 17 November 2018 | NI2018-626 |
| Mental Health (Care Coordinator) Delegation 2019 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 25 January 2019 - 1 August 2023 | NI2019-33 |
| Mental Health (Care Coordinator) Delegation 2019 (No 2)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 25 January 2019 - 1 August 2023 | NI2019-34 |
| Mental Health (Care Coordinator) Delegation 2019 (No 3)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 25 January 2019 - 1 August 2023 | NI2019-35 |
| Mental Health (Care Coordinator) Delegation 2019 (No 4)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 19 February 2019 - 1 August 2023 | NI2019-86 |
| Mental Health (Care Coordinator) Delegation Revocation 2019 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 22 February 2019 - 23 February 2019 | NI2019-91 |
| Mental Health (Care Coordinator) Delegation 2019 (No 5)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 29 March 2019 - 1 August 2023 | NI2019-159 |
| Mental Health (Care Coordinator) Appointment 2019 (No 1) | None | Appointment | Notifiable instruments | s 204 | 5 April 2019 | NI2019-173 |
| Mental Health (Care Coordinator) Delegation 2019 (No 6)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 27 April 2019 - 1 August 2023 | NI2019-217 |
| Mental Health (Care Coordinator) Delegation 2019 (No 7)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 16 July 2019 - 1 August 2023 | NI2019-458 |
| Mental Health (Care Coordinator) Delegation 2019 (No 8)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 16 July 2019 - 1 August 2023 | NI2019-459 |
| Mental Health (Care Coordinator) Delegation 2019 (No 9)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 13 August 2019 - 1 August 2023 | NI2019-509 |
| Mental Health (Chief Psychiatrist) Appointment 2019 (No 1) | None | Appointment | Notifiable instruments | s 196 | 30 November 2019 | NI2019-765 |
| Mental Health (Facility) Approval 2020 (No 1)(Repealed) | Repealed | Notifiable instruments | s 261 | 12 May 2020 - 9 August 2020 | NI2020-261 | |
| Mental Health (Facility) Approval 2021 (No 2) | None | Notifiable instruments | s 261 | 24 August 2021 | NI2021-504 | |
| Mental Health (Facility) Approval 2021 (No 1)(Repealed) | Repealed | Notifiable instruments | s 261 | 24 August 2021 - 24 December 2021 | NI2021-507 | |
| Mental Health (Facility) Revocation 2021 (No 1)(Repealed) | Repealed | Notifiable instruments | s 261 | 24 December 2021 - 25 December 2021 | NI2021-777 | |
| Mental Health (Facility) Approval 2022 (No 1)(Repealed) | Repealed | Notifiable instruments | s 261 | 14 January 2022 - 24 May 2022 | NI2022-17 | |
| Mental Health (Facility) Revocation 2022 (No 1)(Repealed) | Repealed | Notifiable instruments | s 261 | 24 May 2022 - 25 May 2022 | NI2022-285 | |
| Mental Health (Use of Restraint) Guidelines 2022 (No 1) | None | Notifiable instruments | s 198A | 29 November 2022 | NI2022-602 | |
| Mental Health (Use of Seclusion) Guidelines 2022 (No 1) | None | Notifiable instruments | s 198A | 29 November 2022 | NI2022-603 | |
| Mental Health (Facility) Approval 2023 (No 1) | None | Notifiable instruments | s 261 | 3 July 2023 | NI2023-332 | |
| Mental Health (Care Coordinator) Delegation Revocation 2023 (No 1)(Repealed) | Repealed | Delegation | Notifiable instruments | s 207 | 1 August 2023 - 15 August 2023 | NI2023-484 |
| Mental Health (Community Care Facility) Approval 2023 (No 1) | None | Notifiable instruments | s 262 | 1 September 2023 | NI2023-519 |
Related instruments
| Name | Effective | Year and No | Classification | Status |
|---|---|---|---|---|
| Legislation (Mental Health Officers) Delegation 2016 (No 1) | 1 March 2016 | NI2016-34 | ni | None |
| Legislation (Mental Health Chief Psychiatrist) Delegation 2016 (No 1) | 1 March 2016 | NI2016-35 | ni | None |
| Legislation (Mental Health Care Coordinator) Delegation 2016 (No 1) | 1 March 2016 | NI2016-36 | ni | None |
| Public Sector Management (Mental Health) Delegation 2017 (No 1) | 2 August 2017 | NI2017-424 | ni | None |
Point-in-time versions
| Effective | Files/Formats | Version | Published | Notes |
|---|---|---|---|---|
| 23 June 2021 | HTMLPDFWord | R17 | 23 June 2021 | Republication for amendments by A2021-12 |
| 2 March 2021 - 22 June 2021 | HTMLPDFWord | R16 | 2 March 2021 | Republication for expiry of provisions (s 271 (1)-(3)) |
| 26 February 2021 - 1 March 2021 | HTMLPDFWord | R15 | 26 February 2021 | Republication for amendments by A2021-3 |
| 12 February 2021 - 25 February 2021 | HTMLPDFWord | R14 | 12 February 2021 | Republication for amendments by A2020-43 |
| 28 August 2020 - 11 February 2021 | HTMLPDFWord | R13 | 28 August 2020 | Republication for amendments by A2020-43 |
| 2 April 2020 - 27 August 2020 | HTMLPDFWord | R12 | 2 April 2020 | Republication for amendments by A2019-29 |
| 1 December 2019 - 1 April 2020 | HTMLPDFWord | R11 | 1 December 2019 | Republication for amendments by A2018-52 as amended by A2019-18 |
| 3 October 2019 - 30 November 2019 | HTMLPDFWord | R10 | 3 October 2019 | Republication for amendments by A2019-29 |
| 2 March 2019 - 2 October 2019 | HTMLPDFWord | R9 | 2 March 2019 | Republication for expiry of provisions (s 271 (4), (5)) |
| 22 November 2018 - 1 March 2019 | HTMLPDFWord | R8 | 22 November 2018 | Republication for amendments by A2018-42 |
| 2 March 2018 - 21 November 2018 | HTMLPDFWord | R7 | 2 March 2018 | Republication for expiry of transitional provisions (ch 40) |
| 11 October 2017 - 1 March 2018 | HTMLPDFWord | R6 | 11 October 2017 | Republication for amendments by A2017-28 |
| 1 May 2017 - 10 October 2017 | HTMLPDFWord | R5 | 1 May 2017 | Republication for amendments by A2016-42 as amended by A2017-10 |
| 21 June 2016 - 30 April 2017 | HTMLPDFWord | R4 | 21 June 2016 | Republication for amendments by A2016-32 |
| 16 June 2016 - 20 June 2016 | HTMLPDFWord | R3 | 16 June 2016 | Republication for amendments by A2016-28 |
| 1 April 2016 - 15 June 2016 | HTMLPDFWord | R2 | 1 April 2016 | Republication for amendments by A2016-13 |
| 1 March 2016 - 31 March 2016 | HTMLPDFWord | R1 | 1 March 2016 | Republication for new Act, relocation of provisions from the Mental Health (Treatment and Care) Act 1994 A1994-44 and general renumbering |
| 8 October 2015 | HTMLPDFWord | As notified | 7 October 2015 |
Bill and Explanatory statement
The bill and explanatory statement for this Act are accessed from Mental Health Bill 2015.
Notification statement
The Mental Health Act 2015 has been passed by the Legislative Assembly and is notified under the Legislation Act 2001.
Notified: 7 October 2015 (Parliamentary Counsel)
Act as notified
| Date notified | Effective | Files/Formats | Notes |
|---|---|---|---|
| 7 October 2015 | 8 October 2015 | HTMLPDFWord |
Commencement
| Provision | Commencement date | Commencement method |
|---|---|---|
| s 1, s 2 | 7 October 2015 | LA s 75 (1) |
| s 149 | 8 October 2015 | LA s 75AA |
| sch 2 pt 2.2 | 8 October 2015 | s 2 (2) |
| remainder | 1 March 2016 | s 2 (1) and see A2014-51, s 2 (as am by A2015-38 amdt 2.54) |
Expiries
| Provision | Expiry date | Expiry method |
|---|---|---|
| s 271A | commences 28 August 2029 | s 271A (5) |
| s 271 (1)-(3) | 1 March 2021 (midnight) | s 271 (3) |
| s 271 (4), (5) | 1 March 2019 (midnight) | s 271 (5) |
| ch 40 | 1 March 2018 (midnight) | s 402 |
Amendments
For section-by-section amendment annotations, see the amendment history in the endnotes in the current version of this law.
| Year and number | Amending law | Amending provision | Commencement date |
|---|---|---|---|
| A2019-29 | Official Visitor Amendment Act 2019 | sch 1 amdt 1.23 | 2 April 2020 |
| A2019-29 | Official Visitor Amendment Act 2019 | sch 1 pt 1.5 (except amdt 1.23) | 3 October 2019 |
| A2020-43 | Mental Health Amendment Act 2020 | ss 4-6, ss 9-22 | 28 August 2020 |
| A2020-43 | Mental Health Amendment Act 2020 | s 7, s 8 | 12 February 2021 |
| A2021-3 | Justice and Community Safety Legislation Amendment Act 2021 | pt 13 | 26 February 2021 |
| A2021-12 | Statute Law Amendment Act 2021 | sch 1 pt 1.2, sch 3 pt 3.37 | 23 June 2021 |
| A2016-13 | Protection of Rights (Services) Legislation Amendment Act 2016 (No 2) | sch 1 pt 1.28 | 1 April 2016 |
| A2016-28 | ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2) | sch 1 pt 1.6 | 16 June 2016 |
| A2016-32 | Mental Health Amendment Act 2016 | s 86, s 96, s 97, s 101 | 21 June 2016 |
| A2016-32 | Mental Health Amendment Act 2016 | ss 4-85, ss 87-95, ss 98-100 | 21 June 2016 |
| A2016-42 | Family Violence Act 2016 | sch 3 pt 3.16 | 1 May 2017 |
| A2017-28 | Statute Law Amendment Act 2017 (No 2) | sch 3 pt 3.9 | 11 October 2017 |
| A2018-42 | Statute Law Amendment Act 2018 | sch 1 pt 1.3 | 22 November 2018 |
| A2018-52 | Integrity Commission Act 2018 | sch 1 pt 1.16 | 1 December 2019 |