Section 2
Interpretation
(1)
In this Act, unless the context otherwise requires —
“Board” means a Board of Visitors appointed under regulations made under section 77(1);
“code of practice” means a code of practice issued, approved or amended under section 74(1);
“community mental health centre” means a Government community mental health centre or a private community mental health centre;
“community psychiatric residence” means a Government community psychiatric residence or a private community psychiatric residence;
“designated medical practitioner”, in relation to any psychiatric facility, means a medical practitioner who is working in the psychiatric facility and who is designated by name or office in writing by the Director-General or such public officer as he may appoint, for the purposes of this Act;
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“Director-General” means the Director-General of Medical
Services;
“friend”, in relation to a mentally disordered person, means —
(a)
a person, other than a relative, of or above 18 years of age —
(i)
with whom the mentally disordered person had been ordinarily residing for a period of not less than 2 years; or
(ii)
if the mentally disordered person is an in-patient in a psychiatric facility, with whom he had been ordinarily residing for a period of not less than 2 years before he was admitted there; or
(b)
a body or an organisation recognised by the Minister under subsection (4);
“Government community mental health centre” means any premises appointed to be a Government community mental health centre under section 30(a);
“Government psychiatric facility” means any premises appointed to be a Government psychiatric facility under section 3(1);
“Government community psychiatric residence” means any premises appointed to be a Government community psychiatric residence under section 26(a);
“guardian”, in relation to a minor, means —
(a)
the parent or parents of the minor;
(b)
a person lawfully appointed by will or by an order of a court to be the guardian of the minor; or
(c)
a person who has lawful custody of the minor;
“involuntary patient” means a person admitted into and detained in a psychiatric facility under section 8(1), detained in a psychiatric facility under section 7(4), 12(1) or 12(3) or admitted into a psychiatric facility by an order of the court made under section 44
or 62;
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“medical practitioner” means a person who is registered as a medical practitioner under the Medical Practitioners and Dentists
Act (Chapter 112);
“medical social officer” means a member of Medical Social Work
Services in the Ministry of Health;
“mental disorder”, subject to subsection (2), means any mental illness, arrested or incomplete development of the mind, psychiatric disorder or any other disorder or disability of the mind, however acquired;
“mentally disordered person” means a person who suffers from a mental disorder;
“Minister” means the Minister of Health;
“nurse” means a person who is registered in the register of nurses under the Nurses Registration Act (Chapter 140);
“officer in charge” means the person responsible for the management and control of a psychiatric facility and for the supervision of the medical staff, nursing staff, technical staff and ancillary staff employed in that facility;
“private community mental health centre” means any premises appointed to be a private community mental health centre under section 30(b);
“private psychiatric facility” means any premises appointed to be a private psychiatric facility under section 4(1);
“private community psychiatric residence” means any premises appointed to be a private community psychiatric residence under section 26(b);
“psychiatric facility” means a Government psychiatric facility or a private psychiatric facility;
“psychiatrist”
means a medical practitioner with such qualifications, training and experience in psychiatry as the
Director-General may recognise;
“Registrar” means the Chief Registrar of the Supreme Court or the
Chief Registrar of the Syariah Appeal Court, as the case maybe;
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“relative” means any of the following persons of or above 18 years of age —
(a)
husband or wife;
(b)
son or daughter;
(c)
father or mother;
(d)
brother or sister;
(e)
grandparent;
(f)
grandchild;
(g)
maternal or paternal uncle or aunt;
(h)
nephew or niece;
“Visitor” means any member of a Board appointed as such under regulations made under this Act;
“voluntary patient” means a person admitted into a psychiatric facility under section 6(1).
(2)
Nothing in the definition of “mental disorder” in subsection (1)
shall, subject to subsection (3), be construed as implying that a person may be dealt with under this Act as suffering from a mental disorder by reason only of his promiscuity or other immoral conduct, sexual deviancy, consumption of alcohol or drugs, or where he expresses, refuses or fails to express a particular political or religious opinion or belief, or of his antisocial personality.
(3)
Subsection (2) does not prevent the serious physiological, biochemical or psychological effects, temporary or permanent, of alcohol or drug consumption from being regarded as an indication that a person is mentally ill.
(4)
The Minister may in writing recognise a body or an organisation as a friend if he is satisfied as to the character and fitness of the members of the board of directors, committee or other governing body of that body or organisation.
(5)
For the purposes of this Act —
(a)
any person is physically injured if there is substantial and observable injury to any part of his body as a result of the
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non-accidental application of force or an agent to such person’s body that is evidenced by, amongst other things, a laceration, contusion, abrasion, scar, fracture or other bone injury, dislocation or sprain, haemorrhaging, the rupture of a viscous, a burn or scald, the loss or alteration of consciousness or physiological functioning or the loss of the hair or any teeth;
(b)
any person is emotionally injured if there is substantial and observable impairment of his mental or emotional functioning that is evidenced by, amongst other things, a mental or behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed development;
(c)
any person is sexually abused if he has taken part, whether as a participant or an observer, in any activity which is sexual in nature for the purposes of any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance or for the purpose of sexual exploitation by any person for that person’s or another person’s sexual gratification.