Mental Health Act [Chapter 15:12]

Chapter 15:12

Mental Health Act

Act 15/1996, 6/2000 22/2001, 23/2004 (s. 4); S.1. 92/1997, S.I. 430B/1999, 262/2007.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.
3. Persons not to be received or detained as patients except in accordance with this Act. PART II

RECEPTION OF CERTIFIED PATIENTS

4. Application for reception order.
5. Magistrate may examine patient and shall obtain medical certificates.
6. Magistrate may order apprehension of patient.
7. Proceedings to be in private.
8. Issue of reception order.
9. Detention under reception order.
10. Detention under reception order of patient in single care.
11. Urgency applications.
12. Magistrate or designated officer may order apprehension in certain cases.
13. Powers and duties of police officers in regard to certain patients.
14. Period of detention in urgency cases.
15. Release of patient.
16. Attorney-General ex officio curator ad litem of patients.
17. Orders and reports to be submitted to Attorney-General and Registrar of High Court.
18. Powers of judge on consideration of reception order and documents.
19. Secretary may order patient’s removal to institution or other place.
20. Particulars to be contained in medical certificates.
21. Persons ineligible to sign medical certificates.
22. Periodical reports on patients.
23. Amendment of applications, orders and certificates.
24. Power of superintendent to discharge patients.
25. Appeal to Mental Health Review Tribunal.

PART III

PROVISIONS RELATING TO MENTALLYDISORDERED ORINTELLECTUALLY HANDICAPPED PERSONS IN CUSTODY

26. Power of magistrate to order examination and treatment of accused persons.
27. Procedure where person found mentally disordered or intellectually handicapped while under detention.
28. Procedure when person found mentally disordered or intellectually handicapped during preparatory examination or trial.
29. Procedure where person charged is found mentally disordered or intellectually handicapped at time of committing offence.
30. Procedure where convicted prisoner found to be mentally disordered or intellectually handicapped.
31. Attorney-General to be informed before discharge of certain patients.
32. Power of Attorney-General to withdraw charges.
33. Periodical reports on detained patients.
34. Transfer of patients detained under this Part.
35. Discharge of patients detained under this Part.
36. Appeal to Mental Health Review Tribunal in certain cases.

PART IV

MENTALLY DISORDERED OR INTELLECTUALLYHANDICAPPED PATIENTS WHO ARE DANGEROUS

37. Admission to special institutions of mentally disordered or intellectually handicapped patients who are dangerous.
38. Powers of court in criminal cases in relation to mentally disordered or intellectually handicapped persons who are dangerous.
39. Discharge of patients from special institutions.
40. Appeal to Mental Health Review Tribunal in respect of detention in special institution.

PART V

PATIENTS RESIDINGIN PRIVATEDWELLING-HOUSES

41. Power of Secretary to authorize detention of patient in private dwelling-house.
42. Number of patients that may be detained in one private dwelling-house.
43. Power of magistrate to investigate treatment of patients in private dwelling-houses.
44. Visiting of patients detained in private dwelling-houses.
45. Right of patient detained in private dwelling-house to appeal to Mental Health Review Tribunal.

PART VI

INFORMAL ADMISSIONAND TREATMENT OF PATIENTS AND PATIENTSIN SINGLECARE

46. Places that may receive informal patients.
47. Reception and detention of informal patients and patients in single care.
48. Notice of reception, death, departure or discharge of informal patients.
49. Departure of informal patients, from institution or place.
50. Procedure where doubt arises as to continued consent to treatment of informal patient.
51. Application of Part to patients in single care.

PART VII

TEMPORARY TREATMENT WITHOUT CERTIFICATION

52. Places that may receive patients for temporary treatment.
53. Reception of temporary patients.
54. Preliminary report on temporary patients.
55. Notification of reception, death, departure or discharge of temporary patients
56. Visiting of temporary patients detained in places other than institutions.
57. Period of detention of temporary patients.
58. Discharge of temporary patients.
59. Right of temporary patient to appeal to Mental Health Review Tribunal.

PART VIII

TREATMENT AND TRAININGWITHOUTCERTIFICATION OF INTELLECTUALLY HANDICAPPED PATIENTSWITH BEHAVIOURAL PROBLEMS

60. Places that may receive intellectually handicapped patients for treatment or training.
61. Reception of intellectually handicapped patients for treatment or training.
62. Preliminary report on intellectually handicapped patients.
63. Notification of reception, death, departure or discharge of intellectually handicapped patients.
64. Visiting of intellectually handicapped patients.
65. Period of detention of intellectually handicapped patients.
66. Discharge of intellectually handicapped patients.
67. Right of intellectually handicapped patient to appeal to Mental Health Review Tribunal.

PART IX

MENTALHOSPITALBOARDSAND SPECIALBOARDS

68. Establishment and procedures of mental hospital boards.
69. Funds and property of mental hospital boards.
70. Visits by members of mental hospital boards.
71. Reports, plans, etc., of mental hospital boards.
72. Mental hospital boards may discharge patients.
73. Special boards.
74. Annual reports of mental hospital boards.

PART X

MENTAL HEALTH REVIEW TRIBUNAL

75. Establishment and composition of Mental Health Review Tribunal.
76. Functions of Mental Health Review Tribunal.
77. Sittings of Mental Health Review Tribunal.
78. Power of Mental Health Review Tribunal to summon witnesses and receive evidence.
79. Inquiries by Mental Health Review Tribunal into institutions, etc.
80. Applications to Mental Health Review Tribunal for inquiry into grounds of detention.
81. Appeals to Mental Health Review Tribunal.
82. Appeals to Supreme Court against decisions of Mental Health Review Tribunal.

PART XI

CARE AND ADMINISTRATIONOFPROPERTY OFMENTALLY DISORDERED OR INTELLECTUALLYHANDICAPPED PERSONS

83. Interpretation in Part XI.
84. Magistrate to inquire into and report on patient’s property or estate.
85. Steps to betaken for protection of patient’s property and maintenance of his dependents pending appointment of curator.
86. Appointment of curator for care and administration of patient’s estate.
87. Functions and remuneration of curator.
88. Curator may be authorized or required to do certain things.
89. Commencement and duration of duties of curator and Master.
90. Failure of curator to lodge accounts.
91. Removal of curator from office.
92. Care and administration of estates of patients who are not detained.
93. Delegation of functions of Master.
94. Recognition of external curators.

PART XII

ADMISSION OF PATIENTSFROM OTHER STATESOR TERRITORIES

95. Interpretation in Part XII.
96. Designated countries.
97. Admission of patients from designated countries.
98. Detention of patients from designated countries who were mentally disordered when they committed offences.
99. Return to designated countries of persons liable to be detained in respect of offences.
100. Application of Cap. 7:14.

110AApplication for sterilisation of mentally disordered or intellectually handicapped female person by parent, guardian, spouse etc.

PART XIII

OFFENCESAND PENALTIES

101. Detaining patients except in accordance with this Act.
102. False statements.
103. Ill-treatment of patients.
104. Assisting patients to absent themselves without leave, etc.
106. Unlawful sexual intercourse with patients.

PART XIV

GENERAL

107. Declaration of place in lieu of special institution.
108. Designated persons.
109. Saving of power of High Court to declare persons mentally ill and to appoint curators.
110. Information to be given to detained patients and patients in single care.
111. Limitation of actions by patients.
112. Examination of patient in connection with prosecution.
113. Mechanical means of restraint.
114. Seclusion of patients.
116. Execution of orders.
117. Escape of patients.
118. Cost of maintaining patients at State institutions.
119. Medical certificates and reports to be evidence of certain facts.
120. Visiting of patients.
121. Examination of patients by students.
122. Minister may authorize removal of patients from Zimbabwe.
123. Patients passing through Zimbabwe.
124. Dissolution of partnership where member is mentally disordered or intellectually handicapped.
126. Construction of references to mentally disordered or defective persons.
127. Repeal of Cap. 15:06 and savings.

AN ACT to consolidate and amend the law relating to the care, detention and after-care of persons who are mentally disordered or intellectually handicapped, whether for the purposes of treatment or otherwise; to provide for the establishment of various boards and the functions of such boards; to repeal the Mental Health Act [Chapter 15:06]; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1 January 2000.]