Government Gazette OF THE STATE OF NEW SOUTH WALES Week No. 19/2002 Friday, 10 May 2002 Published under authority by the Government Printing Service Containing numbers 84, 85 and 86 Units 5 , Block V, Regents Park Industrial Estate Pages 2733 - 2944 391 Park Road, REGENTS PARK 2143 Phone: 9743 8777 Fax: 9743 8203 Email: [email protected] CONTENTS Number 84 GOVERNMENT PRINTING SERVICE SPECIAL SUPPLEMENT Mental Health Amendment (Queensland Patients) Attention Advertisers . Regulation 2002 ........................................................ 2733 Government Gazette inquiry times are: Number 85 Monday to Friday: 8.00 am to 4.30 pm LEGISLATION Phone: (02) 9743 8777; Fax: (02) 9743 8203 Proclamations ........................................................... 2739 Regulations ............................................................... 2741 Email: Other Legislation...................................................... 2779 [email protected] OFFICIAL NOTICES Appointments ........................................................... 2788 GOVERNMENT GAZETTE NSW Agriculture...................................................... 2789 DEADLINES NSW Fisheries .......................................................... 2792 Department of Land & Water Conservation ó Close of business every Wednesday Land Conservation ................................................ 2793 Water Conservation............................................... 2802 Except when a holiday falls on a Friday, deadlines Department of Mineral Resources .......................... 2804 will be altered as per advice given on this page. Department of Planning ........................................... 2807 Roads and Traffic Authority ................................... 2838 Please Note: Sydney Water ........................................................... 2846 ï Only electronic lodgement of Gazette contributions Other Notices............................................................ 2849 will be accepted. Tenders ...................................................................... 2933 ï This publication is available on request via email, in PRIVATE ADVERTISEMENTS large print and/or on computer disk for people with a (Council, Probate, Company Notices, etc) ............ 2934 disability. To obtain copies of this publication in either of these formats, please contact Number 86 Peter Kindleysides. PUBLIC SECTOR NOTICES Other formats, such as Braille and audio (cassette tape), (Appointments, Resignations, etc.) ....................... 2939 will be considered on a case-by-case basis. You can arrange to have a copy of the NSW Government Gazette delivered each week by telephoning Kerry Wain on 9743 8777 This space is now available for advertising For further information please contact: David Brendish or Denis Helm on Telephone: 9743 8777 Fax: 9743 8203 SEE the GPS Web Site at www.gps.dpws.nsw.gov.au 2733 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 84 Wednesday, 8 May 2002 MentalPublished Health under authority Amendment by the Government Printing Service (Queensland Patients) Regulation 2002 SPECIAL SUPPLEMENT under the MentalMental Health Health Act 1990 Amendment (QueenslandHer Excellency the Governor, Patients) with the advice Regulationof the Executive Council, 2002 has made the following Regulation under the Mental Health Act 1990. under the Mental Health Act 1990 Minister for Health Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Mental Health Act 1990. Explanatory note CRAIGThe object KNOWLES, of this Regulation M.P., is to enable the apprehension in New South Wales of certain Queensland classified and forensic patients (as classified under the Mental MinisterHealth Act forfor 2000 Health Healthof Queensland), in the event that any such patients escape into this State, and the transfer of such patients to Queensland. The Regulation complements an agreement between the Ministers for Health for New South Wales Explanatoryand Queensland. note This Regulation is made under the Mental Health Act 1990, including sections The286D, object 286O, of this 286P, Regulation 286Q and is 302 to enable (the general the apprehension regulation-making in New South power). Wales of certain Queensland classified and forensic patients (as classified under the Mental Health Act 2000 of Queensland), in the event that any such patients escape into this State, and the transfer of such patients to Queensland. The Regulation complements an agreement between the Ministers for Health for New South Wales and Queensland. This Regulation is made under the Mental Health Act 1990, including sections 286D, 286O, 286P, 286Q and 302 (the general regulation-making power). r02-131-p01.807 Page 1 P:\re\02\r02-131-p01.807 8/5/02, 1:14p r02-131-p01.807 Page 1 P:\re\02\r02-131-p01.807 8/5/02, 1:14p 2734 SPECIAL SUPPLEMENT 8 May 2002 Clause 1 Mental Health Amendment (Queensland Patients) Regulation 2002 Mental Health Amendment (Queensland Patients) Regulation 2002 1 Name of Regulation This Regulation is the Mental Health Amendment (Queensland Patients) Regulation 2002. 2 Amendment of Mental Health Regulation 2000 The Mental Health Regulation 2000 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 84 P:\re\02\r02-131-p01.807 8/5/02, 1:14p 8 May 2002 SPECIAL SUPPLEMENT 2735 Mental Health Amendment (Queensland Patients) Regulation 2002 Amendments Schedule 1 Schedule 1 Amendments (Clause 2) [1] Clause 38A Definitions Omit clause 38A (1). Insert instead: (1) In this Part: interstate agreement means any of the following agreements with respect to the interstate application of mental health laws: (a) the agreement dated 19 February 2002 made between the Minister and the Minister for Health for Victoria (the Victorian agreement), (b) the agreement dated 23 April 2002 made between the Minister and the Minister for Health for Queensland (the Queensland agreement). interstate apprehension order means an interstate apprehension order issued under an interstate agreement. interstate patient means a Victorian patient or a Queensland patient. Queensland patient has the same meaning as it has in the Queensland agreement. relevant corresponding law means any of the following: (a) in relation to the Victorian agreement and a Victorian patient, the Mental Health Act 1986 of Victoria, or (b) in relation to the Queensland agreement and a Queensland patient, the Mental Health Act 2002 of Queensland, Victorian patient has the same meaning as it has in the Victorian agreement. [2] Clause 38B Corresponding laws Insert at the end of the clause: Mental Health Act 2000 of Queensland Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 84 P:\re\02\r02-131-p01.807 8/5/02, 1:14p 2736 SPECIAL SUPPLEMENT 8 May 2002 Mental Health Amendment (Queensland Patients) Regulation 2002 Schedule 1 Amendments [3] Clause 38C Omit the clause. Insert instead: 38C Recognition of interstate orders For the purposes of section 286O of the Act, it is a condition of recognition of an interstate apprehension order that it must comply with the interstate agreement under which it is issued and any applicable requirements of the relevant corresponding law. [4] Clause 38D Apprehension of patients under interstate apprehension orders Omit “a Victorian patient” from clause 38D (1). Insert instead “an interstate patient”. [5] Clause 38D (1) and (2) Omit “a Victorian interstate apprehension order” wherever occurring. Insert instead “an interstate apprehension order”. [6] Clause 38D (1) (a) Omit “Victorian”. Insert instead “relevant”. [7] Clause 38D (2) Omit “the Victorian Agreement”. Insert instead “an interstate agreement”. [8] Clause 38D (2) Omit “a Victorian” where firstly occurring. Insert instead “an interstate”. [9] Clause 38D (2) (b) Omit the paragraph. Insert instead: (b) the patient may be conveyed to or transferred to: (i) in the case of a Victorian patient, an approved mental health service within the meaning of the Mental Health Act 1986 of Victoria, or Page 4 NEW SOUTH WALES GOVERNMENT GAZETTE No. 84 P:\re\02\r02-131-p01.807 8/5/02, 1:14p 8 May 2002 SPECIAL SUPPLEMENT 2737 Mental Health Amendment (Queensland Patients) Regulation 2002 Amendments Schedule 1 (ii) in the case of a Queensland patient, an authorised mental service within the meaning of Chapter 2 of the Mental Health Act 2000 of Queensland. Page 5 NEW SOUTH WALES GOVERNMENT GAZETTE No. 84 P:\re\02\r02-131-p01.807 8/5/02, 1:14p 2738 SPECIAL SUPPLEMENT 8 May 2002 Authorised to be printed ISSN 0155-6320 R. J. MILLIGAN, Government Printer. NEW SOUTH WALES GOVERNMENT GAZETTE No. 84 2739 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 85 Friday, 10 May 2002 Published under authority by the Government Printing Service LEGISLATION Proclamations Justice Legislation Amendment (Non- association and Place Restriction) Act 2001 No 100—Proclamation MARIE BASHIR,, Governor I, Professor Marie Bashir AC, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 2 of the Justice Legislation Amendment (Non-association and Place Restriction) Act 2001, do, by this my Proclamation, appoint 13 May 2002 as the day on which sections 1, 2 and 4 of, and Schedule 2 to, that Act commence. Signed andand sealed sealed at at Sydney, Sydney, this this 8th dayday of of May May 2002. 2002. By Her Excellency’s Command, L.S. BOB DEBUS, M.P., AttorneyAttorney-General General GOD SAVE THE QUEEN! Explanatory note This Proclamation commences those