Statute Details
- Title: Mental Health (Care and Treatment) (Designated Psychiatric Institution) Notification 2010
- Act Code: MHCTA2008-S49-2010
- Type: Subsidiary Legislation (SL)
- Authorising Act: Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008)
- Enacting Power: Made in exercise of powers under section 3 of the Mental Health (Care and Treatment) Act 2008
- Commencement: 1 March 2010
- Key Provisions:
- Section 1: Citation and commencement
- Section 2: Designation of a psychiatric institution (Institute of Mental Health)
- Status: Current version (as at 27 Mar 2026)
- Document Number: S 49/2010
- Date Made: 26 January 2010
- Maker: Permanent Secretary, Ministry of Health (Yong Ying-I), on behalf of the Minister for Health
What Is This Legislation About?
The Mental Health (Care and Treatment) (Designated Psychiatric Institution) Notification 2010 is a short but practically significant piece of subsidiary legislation. Its core function is to designate a specific facility—the Institute of Mental Health—as a “psychiatric institution” for the detention and treatment of mentally disordered persons under the Mental Health (Care and Treatment) Act 2008.
In plain terms, the Notification answers a foundational administrative and legal question: which hospital or institution is authorised to receive and treat persons under the statutory mental health framework. While the Mental Health (Care and Treatment) Act 2008 sets out the substantive legal powers, procedures, and safeguards for detention and treatment, the Notification identifies the designated institution that can be used for those statutory purposes.
Because mental health detention is a highly regulated area affecting liberty and medical care, the designation mechanism ensures that statutory detention is not open-ended or informal. Instead, it is tied to an institution that has been formally recognised for the Act’s purposes, supporting consistency, accountability, and compliance with the statutory scheme.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the legal identity and timing of the Notification. It states that the Notification may be cited as the “Mental Health (Care and Treatment) (Designated Psychiatric Institution) Notification 2010” and that it comes into operation on 1 March 2010. For practitioners, this matters because it determines from when the designation is effective and can be relied upon in relation to statutory detention and treatment arrangements under the Act.
Section 2 (Designated psychiatric institution) is the substantive provision. It provides that the Minister designates the Institute of Mental Health to be a psychiatric institution for the detention and treatment of mentally disordered persons under the Act. This designation is the legal bridge between the Act’s detention/treatment framework and the operational reality of where such detention and treatment may occur.
Although the Notification contains only two sections, its legal effect is substantial. Once an institution is designated, it becomes the recognised venue for statutory processes that depend on the statutory definition of a “psychiatric institution.” In practice, this can affect how applications, orders, transfers, and admissions are handled, and it can influence whether a particular facility is legally suitable for detention and treatment under the Act.
From a compliance perspective, the designation also supports defensibility and auditability. If a person is detained or treated under the Act, the relevant authorities and counsel can point to the Notification as the formal basis for the institution’s status. This is particularly important in any legal challenge where the lawfulness of detention is scrutinised.
How Is This Legislation Structured?
The Notification is structured as a very concise instrument with an enacting formula and two operative provisions:
(1) Section 1: Citation and commencement; and
(2) Section 2: Designation of the Institute of Mental Health as a psychiatric institution for detention and treatment under the Mental Health (Care and Treatment) Act 2008.
There are no Parts, schedules, or detailed procedural rules within this Notification. Instead, the Notification functions as an institutional designation instrument. The detailed substantive and procedural requirements for detention and treatment are found in the Mental Health (Care and Treatment) Act 2008 itself, with the Notification serving as a key enabling component.
Who Does This Legislation Apply To?
This Notification applies primarily to the Minister for Health (as the authority making the designation) and to the Institute of Mental Health (as the designated psychiatric institution). However, its effects extend to the broader ecosystem of mental health law: persons who may be subject to detention and treatment under the Act, and the agencies and professionals who administer the statutory scheme.
For lawyers, the practical scope is best understood by reference to the Act it supports. The Notification designates the institution for the detention and treatment of “mentally disordered persons” under the Act. Therefore, any statutory detention or treatment process that depends on the existence of a designated psychiatric institution will, in relevant circumstances, be tied to the Institute of Mental Health as the designated facility.
Why Is This Legislation Important?
Even though the Notification is brief, it is important because it underpins the legality of a core aspect of the mental health detention regime: where statutory detention and treatment may occur. In mental health law, the location and institutional status of the receiving facility can be central to whether the detention is carried out in accordance with the statutory framework.
From an enforcement and governance perspective, designation helps ensure that statutory powers are exercised in a controlled and regulated environment. It supports standardisation of practice and provides a clear reference point for oversight. It also reduces uncertainty for clinicians and administrators who must comply with statutory requirements when admitting or treating persons under the Act.
For practitioners, the Notification is also a useful citation in legal submissions. Where detention or treatment is challenged, counsel may need to confirm that the facility relied upon is properly designated. The Notification provides that confirmation by naming the Institute of Mental Health and specifying that it is designated for detention and treatment under the Act. In litigation or review proceedings, such documentary clarity can be decisive.
Related Legislation
- Mental Health (Care and Treatment) Act 2008 (Act 21 of 2008) — the authorising Act and the main substantive framework for detention and treatment of mentally disordered persons
Source Documents
This article provides an overview of the Mental Health (Care and Treatment) (Designated Psychiatric Institution) Notification 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.