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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
- Short title and date of commencement.
- Persons not to be received or detained as patients except in accordance with this Act. PART II
RECEPTION OF CERTIFIED PATIENTS
- Application for reception order.
- Magistrate may examine patient and shall obtain medical certificates.
- Magistrate may order apprehension of patient.
- Proceedings to be in private.
- Issue of reception order.
- Detention under reception order.
- Detention under reception order of patient in single care.
- Urgency applications.
- Magistrate or designated officer may order apprehension in certain cases.
- Powers and duties of police officers in regard to certain patients.
- Period of detention in urgency cases.
- Release of patient.
- Attorney-General ex officio curator ad litem of patients.
- Orders and reports to be submitted to Attorney-General and Registrar of High Court.
- Powers of judge on consideration of reception order and documents.
- Secretary may order patient’s removal to institution or other place.
- Particulars to be contained in medical certificates.
- Persons ineligible to sign medical certificates.
- Periodical reports on patients.
- Amendment of applications, orders and certificates.
- Power of superintendent to discharge patients.
- Appeal to Mental Health Review Tribunal.
PART III
PROVISIONS RELATING TO MENTALLYDISORDERED ORINTELLECTUALLY HANDICAPPED PERSONS IN CUSTODY
- Power of magistrate to order examination and treatment of accused persons.
- Procedure where person found mentally disordered or intellectually handicapped while under detention.
- Procedure when person found mentally disordered or intellectually handicapped during preparatory examination or trial.
- Procedure where person charged is found mentally disordered or intellectually handicapped at time of committing offence.
- Procedure where convicted prisoner found to be mentally disordered or intellectually handicapped.
- Attorney-General to be informed before discharge of certain patients.
- Power of Attorney-General to withdraw charges.
- Periodical reports on detained patients.
- Transfer of patients detained under this Part.
- Discharge of patients detained under this Part.
- Appeal to Mental Health Review Tribunal in certain cases.
PART IV
MENTALLY DISORDERED OR INTELLECTUALLYHANDICAPPED PATIENTS WHO ARE DANGEROUS
- Admission to special institutions of mentally disordered or intellectually handicapped patients who are dangerous.
- Powers of court in criminal cases in relation to mentally disordered or intellectually handicapped persons who are dangerous.
- Discharge of patients from special institutions.
- Appeal to Mental Health Review Tribunal in respect of detention in special institution.
PART V
PATIENTS RESIDINGIN PRIVATEDWELLING-HOUSES
- Power of Secretary to authorize detention of patient in private dwelling-house.
- Number of patients that may be detained in one private dwelling-house.
- Power of magistrate to investigate treatment of patients in private dwelling-houses.
- Visiting of patients detained in private dwelling-houses.
- 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
- Places that may receive informal patients.
- Reception and detention of informal patients and patients in single care.
- Notice of reception, death, departure or discharge of informal patients.
- Departure of informal patients, from institution or place.
- Procedure where doubt arises as to continued consent to treatment of informal patient.
- Application of Part to patients in single care.
PART VII
TEMPORARY TREATMENT WITHOUT CERTIFICATION
- Places that may receive patients for temporary treatment.
- Reception of temporary patients.
- Preliminary report on temporary patients.
- Notification of reception, death, departure or discharge of temporary patients
- Visiting of temporary patients detained in places other than institutions.
- Period of detention of temporary patients.
- Discharge of temporary patients.
- Right of temporary patient to appeal to Mental Health Review Tribunal.
PART VIII
TREATMENT AND TRAININGWITHOUTCERTIFICATION OF INTELLECTUALLY HANDICAPPED PATIENTSWITH BEHAVIOURAL PROBLEMS
- Places that may receive intellectually handicapped patients for treatment or training.
- Reception of intellectually handicapped patients for treatment or training.
- Preliminary report on intellectually handicapped patients.
- Notification of reception, death, departure or discharge of intellectually handicapped patients.
- Visiting of intellectually handicapped patients.
- Period of detention of intellectually handicapped patients.
- Discharge of intellectually handicapped patients.
- Right of intellectually handicapped patient to appeal to Mental Health Review Tribunal.
PART IX
MENTALHOSPITALBOARDSAND SPECIALBOARDS
- Establishment and procedures of mental hospital boards.
- Funds and property of mental hospital boards.
- Visits by members of mental hospital boards.
- Reports, plans, etc., of mental hospital boards.
- Mental hospital boards may discharge patients.
- Special boards.
- Annual reports of mental hospital boards.
PART X
MENTAL HEALTH REVIEW TRIBUNAL
- Establishment and composition of Mental Health Review Tribunal.
- Functions of Mental Health Review Tribunal.
- Sittings of Mental Health Review Tribunal.
- Power of Mental Health Review Tribunal to summon witnesses and receive evidence.
- Inquiries by Mental Health Review Tribunal into institutions, etc.
- Applications to Mental Health Review Tribunal for inquiry into grounds of detention.
- Appeals to Mental Health Review Tribunal.
- Appeals to Supreme Court against decisions of Mental Health Review Tribunal.
PART XI
CARE AND ADMINISTRATIONOFPROPERTY OFMENTALLY DISORDERED OR INTELLECTUALLYHANDICAPPED PERSONS
- Interpretation in Part XI.
- Magistrate to inquire into and report on patient’s property or estate.
- Steps to betaken for protection of patient’s property and maintenance of his dependents pending appointment of curator.
- Appointment of curator for care and administration of patient’s estate.
- Functions and remuneration of curator.
- Curator may be authorized or required to do certain things.
- Commencement and duration of duties of curator and Master.
- Failure of curator to lodge accounts.
- Removal of curator from office.
- Care and administration of estates of patients who are not detained.
- Delegation of functions of Master.
- Recognition of external curators.
PART XII
ADMISSION OF PATIENTSFROM OTHER STATESOR TERRITORIES
- Interpretation in Part XII.
- Designated countries.
- Admission of patients from designated countries.
- Detention of patients from designated countries who were mentally disordered when they committed offences.
- Return to designated countries of persons liable to be detained in respect of offences.
- 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
- Detaining patients except in accordance with this Act.
- False statements.
- Ill-treatment of patients.
- Assisting patients to absent themselves without leave, etc.
- Unlawful sexual intercourse with patients.
PART XIV
GENERAL
- Declaration of place in lieu of special institution.
- Designated persons.
- Saving of power of High Court to declare persons mentally ill and to appoint curators.
- Information to be given to detained patients and patients in single care.
- Limitation of actions by patients.
- Examination of patient in connection with prosecution.
- Mechanical means of restraint.
- Seclusion of patients.
- Execution of orders.
- Escape of patients.
- Cost of maintaining patients at State institutions.
- Medical certificates and reports to be evidence of certain facts.
- Visiting of patients.
- Examination of patients by students.
- Minister may authorize removal of patients from Zimbabwe.
- Patients passing through Zimbabwe.
- Dissolution of partnership where member is mentally disordered or intellectually handicapped.
- Construction of references to mentally disordered or defective persons.
- 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.]
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