TONGA

MENTAL HEALTH ACT 1992

No. 18 of 1992.

I assent,
TAUFA'AHAU TUPOU IV,
22nd October, 1992
AN ACT
TO DEAL WITH MENTAL HEALTH IN TONGA AND MATTERS RELATED THERETO
[22nd September, 1992.]
BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:
1	Short Title
This Act may be cited as the Mental Health Act 1992. 
2	Interpretation
In this Act, unless the context otherwise requires
	"Alcoholic" or "Drug Addict" means a person suffering from a disorder or disability of the mind caused by his being so given over to or dependent on the use of alcohol or drugs that he is unable to control himself or is incapable of managing his affairs or endangers himself or others;
	"mental disorder" means mental illness, arrested or incomplete development of the mind, psychopathic disorder and any other disorder or disability of the mind;
	"mental handicap" means a state of arrested or incomplete development of mind which can render a person incapable of independent living;
	"mental illness" means a psychiatric disorder which substantially disturbs a person's thinking, feeling, or behaviour and impairs the person's ability to function;
	"Minister" means Minister of Health; 
	"Ministry" means Ministry of Heallth;
	"psychopathic disorder" means a persistent serious disorder of personality resulting in aggressive or antisocial behaviour;
	"relative" means husband or wife, son or daughter, father or mother, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece.
3	Power of Minister
The Minister is empowered -
	(a) to provide a mental health service for Tonga including the provision of hospital in-patient, out-patient and other facilities for the investigation, treatment, rehabilitation, care and after-care and prevention of mental disorder.
	(b) to provide services for the treatment and prevention of alcoholism and drug dependence and the rehabilitation of alcoholics and drug addicts.
4	Minister to appoint a Mental Health Advisory Committee
The Minister may appoint a Mental Health Advisory Committee to advise him on any matter related to the provisions of this Act and any other matter relating to the care and well-being of mentally disordered persons of any age in Tonga. The Advisory Committee shall meet at least quarterly.
5	Membership of Mental Health Advisory Committee
(1) The membership of the Mental Health Advisory Committee shall include the Director of Health or his nominee as chairman, a medical officer with special qualification or experience in psychiatry, the mental health welfare officer, the Chief Nursing Officer or her nominee, a representative of the Tonga Red Cross Society with special concern for mentally handicapped persons and a senior teacher with experience in the education of mentally handicapped pupils.
(2) Members of the Advisory Committee may receive such remuneration as may be approved by Cabinet and included in the Estimates.
6	Mental Health Welfare Officer or Officers
(1) There shall be one or more Mental Health Welfare Officers with previous experience as nurse, health officer, social worker or other relevant experience responsible to the Director of Health.
(2) The duties of a Mental Health Welfare Officer shall be determined by the Minister.
7	Right to Entry
(1) If a Mental Health Welfare Officer reasonably believes that a mentally disordered person is on any premises, he shall, on producing written evidence of his authority, be entitled to enter those premises and to remove any mentally disordered person therefrom.
(2) If a Mental Health Welfare Officer is refused such entry, or is obstructed in his duties, a magistrate may, on application by him, issue a warrant authorising him and such other persons as may reasonably be required, to enter the premises and to remove any mentally disordered person therefrom.
(3) The warrant shall be in Form 1 of the Schedule.
(4) A person removed under subsections (1) and (2) shall be treated as if he had been removed under section 9.
8	Protection of Mental Health Welfare Officers
A Mental Health Welfare Officer of the Ministry shall not be personally liable in respect of any act done by him in the execution or purported execution of his duties under this Act and within the scope of his employment if it was done in the honest belief that his duties under this Act required or entitled him to do it. Provided that nothing in this section shall be construed as relieving the Ministry from any liability in respect of acts of its officers in the course of their employment.
9	Compulsory Admission to Hospital
(1) A Mental Health Welfare Officer, Medical Officer (Psychiatry) or Psychiatrist may order that any person suffering from severe mental disorder be removed to hospital for psychiatric examination.
(2) Such order may be made of his own volition, or at the request of a medical practitioner, health officer, nurse, police officer or a relative of that person.
(3) The order shall not be made unless the Mental Health Welfare Officer, Medical Officer (Psychiatry) or Psychiatrist considers that
	(i) that such person will not attend hospital voluntarily, and
	(ii) his removal and detention is necessary for the safety of himself or some other person.
(4) The order shall remain in force for 7 days and shall not be renewed.
(5) The order shall be in Form 2 of the Schedule.
10	Observation Order
(1) A magistrate may, on the application of a Mental Health Welfare Officer, Medical Officer (Psychiatry) or Psychiatrist, order that a mentally disordered person be taken to and/or detained in hospital for observation.
(2) Such order shall not be made unless the magistrate is satisfied by sworn evidence that
	(i) that such person is suffering from mental disorder of a nature and degree which warrants his detention in hospital for observation (with or without medical treatment); and
	(ii) the order is necessary in the interests of that person or some other person.
(3) The order shall be in Form 3 of the Schedule.
(4) A person admitted to hospital under this section may be detained there for a period not exceeding 28 days; but a magistrate may, if the conditions in subsection (2) continue to exist, renew the order from time to time for periods not exceeding 28 days.
(5) The applicant, the person admitted to hospital, or his relative shall have a right of appeal to the Supreme Court from any order made on an application under this section.
11	Detention Order
(1) The Supreme Court may, on the application of a Mental Health Welfare Officer, Medical Officer (Psychiatry) or Psychiatrist, order that a mentally disordered person be detained in hospital for treatment.
(2) Such order shall not be made unless the Court is satisfied by sworn evidence that
	(i) that such person is suffering from mental disorder of a nature and degree which warrants his detention in hospital for medical treatment; and
	(ii) the order is necessary in the interests of the patient or some other person.
(3) The order shall be in Form 4.
(4) A person admitted to hospital under this section may be detained and treated there for a period not exceeding 2 years; but the Court may, if the conditions in subsection (2) continue to exist, renew the order from time to time for periods not exceeding 2 years.
(5) The applicant, the person admitted to hospital, or his relative shall have a right of appeal to the Court of Appeal from any order made on an application under this section.
12	Release from Detention
Where an order has been made under section 9, 10 or 11 in respect of any person, a Medical Officer (Psychiatry) or Psychiatrist may nevertheless authorise his release if he considers that his continued detention in hospital is no longer necessary
13	Compulsory admission of persons convicted of criminal offences.
(1) Where a person is convicted before the Supreme Court, or is committed to the Supreme Court for sentence (unless the sentence for the offence is fixed by law), the Court may in addition to or instead of any other punishment order that he be detained in hospital for treatment.
(2) Such order shall not be made unless the Court is satisfied
	(i) on the written or oral evidence of two registered medical practitioners, that the offender is suffering from mental disorder of a nature and degree which warrants his detention in hospital for medical treatment; and
	(ii) having regard to all the circumstances, including the nature of the offence and the character and antecedents of the offender, that such an order is the most suitable method of dealing with him; and
	(iii) that arrangements have been made to admit the offender to hospital within a period not exceeding 28 days from the date of the order.
(3) The order shall be in Form 5.
(4) 
	(i) A person admitted to hospital under this section shall be detained and treated there until the Court orders his release.
	(ii) Application for release may be made by a medical officer, psychiatrist, the offender, or his relative.
	(iii) the offender shall not be released unless the Court is satisfied on the sworn evidence of a registered medical practitioner that his detention is no longer necessary in the interests of himself or of any other person or persons.
(5) The offender or his relative shall have a right of appeal to the Court of Appeal from any order made under this section.
14	Power to make Regulations
The Minister may, with the consent of Cabinet, make regulations for the effective carrying out of the provisions of this Act.
15	Repeal and Savings
The Lunatics Detention Act, Cap. 80, is hereby repealed provided that any existing orders, appointments or certificates made or granted thereunder shall, except only so far as they conflict with the provisions of this Act, remain in force until revoked, as if they were made or granted under this Act.
SCHEDULE
FORM 1
(Warrant to enter premises and remove mentally disordered person)
MENTAL HEALTH ACT 1992
(Section 7(3))
No.
In the Magistrates' Court, District of
To each and all the constables within the Kingdom 
WHEREAS it appears on the oath of
…………………………………………………………………………………………………..
a Mental Health Welfare Officer, that he has been refused entry to or obstructed in his duties in the premises described below, in which there is a mentally disordered person.
You are therefore commanded to assist him to enter the said premises and to remove to hospital any mentally disordered person found there. 
	Description of Premises:.
	Dated
	Magistrate.
FORM 2
(Place of Safety Order)
MENTAL HEALTH ACT 1992
(Section 9)
In the exercise of my powers under section 9 of the Mental Health Act 1991 I, ………….… of ………………… a Mental Health Welfare Officer/Medical Officer (Psychiatry)/Psychiatrist, being satisfied that …………..of…………. will not attend hospital voluntarily, and that his removal and detention is necessary for the safety, of himself or some other person, HEREBY ORDER that the said person be removed to hospital at ……………...
Dated
Signed
FORM 3
(Observation Order)
MENTAL HEALTH ACT 1992
(Section 10)
No.
In the Magistrates Court, District of
To each and all the constables within the Kingdom 
WHEREAS it appears on the oath of
……………………………………………………………
a Mental Health Welfare Officer/Medical Officer (Psychiatry)/Psychiatrist that……………………….. of …………………… is suffering from mental disorder of a nature and degree which warrants his detention in hospital for observation, and that this order is necessary in the interests of that person or some other person; YOU ARE THEREFORE COMMANDED to cause him to be taken to and detained in hospital at ………………. where he may be detained for a period of (*)               days from today.
Dated
Signed
	Magistrate
(*) this period may not exceed 28 days but the order may be renewed.
FORM 4
(Detention Order)
MENTAL HEALTH ACT 1992
(Section 11)
IN THE SUPREME COURT OF TONGA	Application No.	
Civil Jurisdiction
Registry

In the matter of the Mental Health Act, 1991
And in the matter of
(a mentally disordered person)
WHEREAS the Court is satisfied on the evidence of ……………… of ……………….. a Mental Health Welfare Officer/Medical Officer (Psychiatry)/Psychiatrist that …………. of ……………is suffering from mental disorder of a nature and degree which warrants his detention in hospital for medical treatment; and that this order is necessary in the interests of the said person or some other person; IT IS ORDERED THAT the said ………………….  may be detained in hospital at ………………… and treated there for a period of (*) from the date of this order.
Dated	SEAL	
(*) this period may not exceed 2 years but the order may be renewed.
FORM 5
(Criminal Detention Order)
MENTAL HEALTH ACT 1992
(Section 13)
IN THE SUPREME COURT OF TONGA
CRIMINAL JURISDICTION	Case No.	
	Registry
Rex
v
A. B.
To each and all the constables within the Kingdom
WHEREAS ………………………………..of ……………………has been convicted of
………………………………………………………………………….
and the Court has ordered that he be detained in hospital for treatment; YOU ARE THEREFORE COMMANDED to cause him to be taken to and detained in hospital at …………….where he shall be detained and treated until the Court orders his release.

Dated	Signed
Judge of the Supreme Court	
Passed by the Legislative Assembly this 22nd day of September, 1992.