mental health legislation amendment bill 2013 (54-2) · mental health legislation amendment bill...

54—2 page i

Western Australia

Mental Health Legislation Amendment Bill 2013

Contents

Part 1 — Preliminary matters

1. Short title 2

2. Commencement 2

Part 2 — Mental Health Act 1996

amended

3. Act amended 3

4. Section 16A inserted 3

16A. Acting Chief Psychiatrist 3

5. Section 16 amended 4

6. Section 17 inserted 4

17. Application of Health Legislation

Administration Act 1984 section 9 4

7. Sections 217 to 219 inserted 5

217. Validation of acts and omissions of psychiatrists acting as Chief Psychiatrist 5

218. Validations relating to certain delegations made under Health Legislation Administration Act 1984 5

219. Validation of certain acts and omissions of medical practitioners 6

Part 3 — Mental Health Act 2013

amended

8. Act amended 8

9. Parts 28 and 29 inserted 8

Part 28 — Repeals

586. Acts repealed 8

587. Regulations repealed 8


Contents

page ii

Part 29 — Transitional matters for Mental Health Act 2013

Division 1 — Preliminary matters

588. Terms used 8

Division 2 — Administrative provisions

Subdivision 1 — Chief Psychiatrist

589. First Chief Psychiatrist (1996 Act s. 8) 9

590. Review of psychiatrists’ decisions about involuntary patients (1996 Act s. 12) 10

591. Inspections of relevant premises (1996 Act s. 13) 11

592. Records of Chief Psychiatrist 11

Subdivision 2 — Authorised practitioners

593. Authorised mental health practitioners (1996 Act s. 20) 11

Subdivision 3 — Authorised hospitals

594. Authorisation of public hospitals (1996 Act s. 21) 12

Subdivision 4 — Registrar and staff of Mental Health Review Board

595. Registrar (1996 Act s. 22(a)) 13

596. Other staff (1996 Act s. 22(b)) 13

Division 3 — Involuntary patients

Subdivision 1 — Referral for examination

597. Referral for examination of person (1996 Act s. 29) 14

598. Referral for examination of voluntary inpatient (1996 Act s. 30) 14

599. Personal examination for referral (1996 Act s. 31 and 32) 15

600. Transport to authorised hospital or other place (1996 Act s. 34) 16

Subdivision 2 — Examination at authorised hospital

601. Detention of person who is referred at authorised hospital (1996 Act s. 36) 17

602. Detention of voluntary inpatient admitted to authorised hospital 17

603. Examination of person who is referred (1996 Act s. 37 including as applied by s. 30(5)) 18

604. Order made in respect of person who is referred (1996 Act s. 37 including as applied by s. 30(5)) 19


Contents

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Subdivision 3 — Examination at place other than authorised hospital

605. Receival of person at place other than authorised hospital 20

606. Examination for purposes of referral made under 1996 Act s. 29(2)(b) 20

607. Detention of person for assessment at authorised hospital (1996 Act s. 39 and 40) 21

608. Assessment because of order made under 1996 Act s. 39(1) 21

609. Order made in respect of person detained for assessment (1996 Act s. 40(1)(b)) 22

610. Transport to authorised hospital (1996 Act s. 41) 22

Subdivision 4 — Detention in authorised hospital

611. Transfer to another authorised hospital (1996 Act s. 46) 23

612. Period of detention specified in order (1996 Act s. 48) 23

613. Examination of patient within detention period (1996 Act s. 49(1) and 50(1)) 23

614. Order made on examination within detention period (1996 Act s. 49(3) including as applied by s. 50(2)) 24

615. Order made at any time (1996 Act s. 52) 25

Subdivision 5 — Absence without leave and leave of absence

616. Absence without leave (1996 Act s. 57) 25

617. Apprehension of person absent without leave (1996 Act s. 58) 25

618. Grant of leave (1996 Act s. 59) 26

619. Monitoring of involuntary inpatient on leave (1996 Act s. 62) 26

620. Release of involuntary inpatient while on leave (1996 Act s. 63) 27

Subdivision 6 — Treatment of involuntary patient in community

621. Community treatment order made under general power (1996 Act s. 67) 28

622. Confirmation of community treatment order (1996 Act s. 69) 28

623. Order made on revocation of community treatment order (1966 Act s. 70) 28


625. Review by supervising psychiatrist (1996 Act s. 75) 29


Contents

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626. Extension of community treatment order (1996 Act s. 76) 30

627. Examination and report by authorised medical practitioner (1996 Act s. 77) 30

628. Variation of community treatment order (1996 Act s. 79) 31

629. Notice of breach (1996 Act s. 81) 32

630. Order to attend if breach continues (1996 Act s. 82) 32

631. Order for police assistance (1996 Act s. 84) 32

Division 4 — Treatment of patients

632. Informed consent (1996 Act Pt. 5 Div. 2) 33

633. Psychosurgery: approval already given (1996 Act s. 101) 33

634. Psychosurgery: application for approval pending (1996 Act s. 102) 33

635. Electroconvulsive therapy: course of treatment commenced before commencement day 33

636. Electroconvulsive therapy: recommendation referred to Mental Health Review Board (1996 Act s. 106) 34

637. Other medical treatment that is not psychiatric treatment (1996 Act s. 110) 34

638. Second opinion requested (1996 Act s. 111) 34

639. Dissatisfaction with second opinion (1996 Act s. 112) 35

640. Seclusion (1996 Act s. 119) 36

641. Mechanical bodily restraint (1996 Act s. 123) 36

Division 5 — Mental Health Review Board

Subdivision 1 — President and other members of Board

642. Appointment to Mental Health Tribunal (1996 Act s. 126 and Sch. 1) 36

Subdivision 2 — Reviews and inquiries

643. Initial review after commencement day (1996 Act s. 138) 37

644. First periodic review after commencement day (1996 Act s. 139) 38

645. Application for review pending before commencement day (1996 Act s. 142) 40

646. Suspension of order or restraint of action pending review (1996 Act s. 143) 40

647. Board initiated review (1996 Act s. 144) 40


Contents

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648. Order that community treatment order be made (1996 Act s. 145(2)(b)) 40

649. Complaints to Board (1996 Act s. 146) 41

650. Enquiries directed by Minister (1996 Act s. 147) 41

651. Final report about activities of Mental Health Review Board (1996 Act s. 148) 42

652. Records and proceedings of Mental Health Review Board 42

Subdivision 3 — Applications to State Administrative Tribunal

653. Applications for review or determination of questions of law (1996 Act Pt. 6 Div. 2A) 42

Subdivision 4 — Appeals from State Administrative Tribunal

654. Appeals to Supreme Court (1996 Act Pt. 6 Div. 3) 43

Division 6 — Protection of patient’s rights

655. Interview with psychiatrist requested by patient (1996 Act s. 164) 43

656. Personal possessions left at authorised hospital (1996 Act s. 165(3)) 44

657. Order restricting or denying patient’s rights (1996 Act s. 169) 44

658. Application for review of order restricting or denying patient’s right (1996 Act s. 170) 44

Division 7 — Community support services

659. Funding and services agreements (1996 Act s. 174) 44

Division 8 — Council of Official Visitors

660. Matters generally 45

661. Request for visit by official visitor (1996 Act s. 189) 45

662. Exercise of powers by official visitors and panels (1996 Act s. 190) 46

663. Reports requested by Minister (1996 Act s. 192(2)) 46

664. Final report about activities of official visitors (1996 Act s. 192(3)) 47

665. Records of Council of Official Visitors 48

Division 9 — Other matters under 1996 Act

666. Person taken into protective custody (1996 Act s. 195) 48

667. Examination of person arrested (1996 Act s. 196) 48

668. Things seized by police officer (1996 Act s. 197) 49


Contents

page vi

669. Review of determination of capacity to vote (1996 Act s. 203) 49

670. Records of patients (1996 Act s. 204) 49

671. Request for information about patient or person detained (1996 Act s. 205) 49

672. Inquiries (1996 Act Pt. 10 Div. 5) 49

673. Rectification of referrals and orders (1996 Act s. 212) 50

Division 10 — Miscellaneous matters

674. Transitional regulations 50

675. Interpretation Act 1984 not affected 52

Part 4 — Amendments to other Acts

Division 1 — Criminal Law (Mentally Impaired

Accused) Act 1996 amended

10. Act amended 53









Division 2 — Guardianship and Administration

Act 1990 amended

19. Act amended 57


21. Section 110ZH amended 57

22. Schedule 5 Division 1 heading inserted 57

Division 1 — Transitional matters for Guardianship and Administration Act 1990

23. Schedule 5 clause 1A inserted 58

1A. Application of this Division 58

24. Schedule 5 Division 2 inserted 58

Division 2 — Transitional matters in connection with Mental Health Act 2013

7. Estates being managed by Public Trustee under Division 1 58

Division 3 — Hospitals and Health Services

Act 1927 amended

25. Act amended 59


Contents

page vii



28. Section 26DA amended 60

29. Section 26FA amended 60

30. Section 26P amended 60

31. Section 26Q amended 61

Division 4 — Other Acts amended

Subdivision 1 — Anatomy Act 1930 amended

32. Act amended 61


Subdivision 2 — Bail Act 1982 amended

34. Act amended 61

35. Schedule 1 Part D clause 2 amended 61

Subdivision 3 — Carers Recognition Act 2004

amended

36. Act amended 62


Subdivision 4 — Constitution Acts Amendment

Act 1899 amended

38. Act amended 63

39. Schedule V Part 1 Division 1 amended 63

40. Schedule V Part 3 amended 63

Subdivision 5 — Coroners Act 1996 amended

41. Act amended 63


Subdivision 6 — Court Security and Custodial

Services Act 1999 amended

43. Act amended 64




Subdivision 7 — The Criminal Code amended

47. Act amended 66




Subdivision 8 — Criminal Investigation Act 2006

amended

51. Act amended 67


Contents

page viii


Subdivision 9 — Cross-border Justice Act 2008

amended

53. Act amended 67


Subdivision 10 — Dangerous Sexual Offenders

Act 2006 amended

55. Act amended 68


Subdivision 11 — Electoral Act 1907 amended

57. Act amended 68


59. Section 51A amended 68

60. Section 51AA amended 69

Subdivision 12 — Gaming and Wagering Commission

Act 1987 amended

61. Act amended 69


Subdivision 13 — Health and Disability Services

(Complaints) Act 1995 amended

63. Act amended 70

64. Section 3A replaced 70

3A. Act to be read with other legislation about health and disability complaints 70

Subdivision 14 — Health Legislation Administration

Act 1984 amended

65. Act amended 70



Subdivision 15 — Juries Act 1957 amended

68. Act amended 71


Subdivision 16 — Land Administration Act 1997

amended

70. Act amended 71


Subdivision 17 — National Health Funding Pool

Act 2012 amended

72. Act amended 72


Contents

page ix


Subdivision 18 — Parliamentary Commissioner

Act 1971 amended

74. Act amended 72


Subdivision 19 — Perth Theatre Trust Act 1979

amended

76. Act amended 73


Subdivision 20 — Protective Custody Act 2000

amended

78. Act amended 73



Subdivision 21 — Public Trustee Act 1941 amended

81. Act amended 73




Subdivision 22 — Spent Convictions Act 1988

amended

85. Act amended 74

86. Schedule 3 clause 1 amended 75

Subdivision 23 — University Medical School,

Teaching Hospitals, Act 1955 amended

87. Act amended 75


Subdivision 24 — Young Offenders Act 1994

amended

89. Act amended 76


Western Australia

LEGISLATIVE ASSEMBLY

(As amended during consideration in detail)


A Bill for

An Act —

• to amend the Mental Health Act 1996 to address certain matters 1

relating to the Chief Psychiatrist’s powers pending the 2

commencement of the Mental Health Act 2013; and 3

• to amend the Mental Health Act 2013 by inserting Parts 28 and 29 4

for the purposes of repealing the Mental Health Act 1996, the 5

Mental Health (Consequential Provisions) Act 1996 and certain 6

subsidiary legislation made under those Acts and making certain 7

transitional arrangements; and 8

• to amend the Criminal Law (Mentally Impaired Accused) Act 1996, 9

the Guardianship and Administration Act 1990, the Hospitals and 10

Health Services Act 1927 and certain other Acts. 11

The Parliament of Western Australia enacts as follows:


Part 1 Preliminary matters

s. 1

page 2

Part 1 — Preliminary matters 1

1. Short title 2

This is the Mental Health Legislation Amendment Act 2013. 3

2. Commencement 4

This Act comes into operation as follows — 5

(a) Parts 1 and 2 — on the day on which this Act receives 6

the Royal Assent; 7

(b) the rest of the Act — on a day fixed by proclamation, 8

and different days may be fixed for different provisions. 9


Mental Health Act 1996 amended

Part 2

s. 3

page 3

Part 2 — Mental Health Act 1996 amended 1

3. Act amended 2

This Part amends the Mental Health Act 1996. 3

4. Section 16A inserted 4

After section 15 insert: 5

6

16A. Acting Chief Psychiatrist 7

(1) The CEO may appoint a psychiatrist to act in the office 8

of the Chief Psychiatrist referred to in section 8 — 9

(a) during a vacancy in the office, whether or not 10

an appointment has previously been made to 11

the office; or 12

(b) during a period, or during all periods, when the 13

person holding the office or a person acting in 14

the office under an appointment under this 15

subsection is on leave or is otherwise unable to 16

perform the functions of the office. 17

(2) An appointment under subsection (1) may be expressed 18

to have effect only in the circumstances specified in the 19

instrument of appointment. 20

(3) The CEO may — 21

(a) determine the terms and conditions of an 22

appointment under subsection (1), including as 23

to remuneration; and 24

(b) terminate an appointment under subsection (1) 25

at any time. 26

(4) The validity of anything done by or in relation to a 27

person purporting to act under an appointment under 28

subsection (1) is not to be called into question on any 29

of these grounds — 30

(a) the occasion for the appointment had not arisen; 31


Part 2 Mental Health Act 1996 amended

s. 5

page 4

(b) there is a defect or irregularity in the 1

appointment; 2

(c) the appointment had ceased to have effect; 3

(d) the occasion for the person to act had not arisen 4

or had ceased. 5

(5) A person cannot act under an appointment under 6

subsection (1) for a continuous period exceeding 7

12 months. 8

9


In section 16 delete “psychiatrist in the department,” and insert: 11

12

psychiatrist, 13

14

6. Section 17 inserted 15

At the end of Part 2 Division 2 insert: 16

17

17. Application of Health Legislation Administration 18

Act 1984 section 9 19

For the purposes of the Health Legislation 20

Administration Act 1984 section 9, this Act is an Act to 21

which the Health Legislation Administration Act 1984 22

applies. 23

24



Part 2

s. 7

page 5

7. Sections 217 to 219 inserted 1

At the end of Part 10 Division 6 insert: 2

3

217. Validation of acts and omissions of psychiatrists 4

acting as Chief Psychiatrist 5

(1) In this section — 6

act includes an omission; 7

validation period means the period — 8

(a) beginning on 13 November 1997; and 9

(b) ending on the day before the day on which the 10

Mental Health Legislation Amendment 11

Act 2013 section 4 commences. 12

(2) Any act done, or purportedly done, at any time during 13

the validation period by or in relation to a psychiatrist 14

appointed, or purportedly appointed, to act temporarily 15

in the office of the Chief Psychiatrist referred to in 16

section 8 is, and is taken always to have been, as valid 17

as the act would have been if the psychiatrist had been 18

appointed under section 16A to act temporarily in that 19

office when the act was done or purportedly done. 20

218. Validations relating to certain delegations made 21

under Health Legislation Administration Act 1984 22



mental health delegation means an instrument 25

delegating, or purporting to delegate, a power or duty 26

under the Mental Health Act 1996; 27

validation period means the period — 28

(a) beginning on 23 September 2008; and 29



s. 7

page 6

(b) ending on the day before the day on which the 1

Mental Health Legislation Amendment 2

Act 2013 section 6 commences. 3


the validation period by or in relation to a delegate 5

acting, or purportedly acting, under a mental health 6

delegation made under the Health Legislation 7

Administration Act 1984 section 9 before 8

23 September 2008 is, and is taken always to have 9

been, as valid as the act would have been if the 10

amendments effected by the Mental Health Legislation 11

Amendment Act 2013 section 6 had been in force when 12

the act was done or purportedly done. 13

(3) A mental health delegation made, or purportedly made, 14

under the Health Legislation Administration Act 1984 15

section 9 at any time during the validation period is, 16

and is taken always to have been, as validly made as 17

the delegation would have been if the amendments 18

effected by the Mental Health Legislation Amendment 19

Act 2013 section 6 had been in force when the 20

delegation was made or purportedly made. 21

219. Validation of certain acts and omissions of medical 22

practitioners 23



medical practitioner means an individual who was a 26

medical practitioner (as defined from time to time in 27

section 3) at any time during the relevant validation 28

period; 29

validation period — 30

(a) in subsection (2), means the period — 31

(i) beginning on 13 November 1997; and 32

(ii) ending on 25 October 2013; 33



Part 2

s. 7

page 7

(b) in subsections (3) and (4), means the period — 1

(i) beginning on 13 November 1997; and 2

(ii) ending on 19 July 2013. 3


the validation period by a medical practitioner for the 5

purpose of confirming a community treatment order 6

under section 69(1)(b) is, and is taken always to have 7

been, as valid as the act would have been if the medical 8

practitioner had been authorised under section 69(3)(a) 9

for the purposes of section 69 when the act was done or 10

purportedly done. 11

(3) A request made, or purportedly made, under 12

section 77(1) at any time during the validation period 13

is, and is taken always to have been, as valid as the 14

request would have been if the medical practitioner of 15

whom the request was made or purportedly made had 16

been designated under section 18(1)(a) as an authorised 17

medical practitioner for the purposes of section 77 18

when the request was made or purportedly made. 19


or after the validation period by a medical practitioner 21

for the purpose of complying with a request to which 22

subsection (3) applies is, and is taken always to have 23

been, as valid as the act would have been if the medical 24

practitioner had been designated under section 18(1)(a) 25

as an authorised medical practitioner for the purposes 26

of section 77 when the act was done or purportedly 27

done. 28

29

Note: The heading to section 216 is to read: 30

Validation of certain acts and omissions of psychiatrists 31



s. 8

page 8

Part 3 — Mental Health Act 2013 amended 1

8. Act amended 2

This Part amends the Mental Health Act 2013. 3

9. Parts 28 and 29 inserted 4

After Part 27 insert: 5

6

Part 28 — Repeals 7

586. Acts repealed 8

These Acts are repealed: 9

(a) the Mental Health Act 1996; 10

(b) the Mental Health (Consequential Provisions) 11

Act 1996. 12

587. Regulations repealed 13

These regulations are repealed: 14

(a) the Mental Health Regulations 1997; 15

(b) the Mental Health (Transitional) 16

Regulations 1997. 17

Part 29 — Transitional matters for Mental 18

Health Act 2013 19

Division 1 — Preliminary matters 20

588. Terms used 21

In this Part — 22

1996 Act means the Mental Health Act 1996 repealed 23

by section 586; 24


Mental Health Act 2013 amended Part 3

s. 9

page 9

commencement day means the day on which Part 28 1

comes into operation; 2

continued community treatment order — 3

(a) means a community treatment order to which 4

section 604(3), 609(3), 614(3), 615(1), 619(3), 5

620(3) or 621(1) applies; and 6

(b) includes a community treatment order referred 7

to in paragraph (a) as extended by an extension 8

to which section 626(1) applies or as varied by 9

a variation to which section 628(1), (2) or (3) 10

applies; 11

continued inpatient treatment order means — 12

(a) an order that a person be admitted to, and 13

detained at, an authorised hospital to which 14

section 604(1), 609(1) or 623(1) applies; or 15

(b) an order that a person continue to be detained at 16

an authorised hospital to which section 614(1) 17

applies; 18

continued involuntary treatment order means — 19

(a) a continued community treatment order; or 20

(b) a continued inpatient treatment order. 21

Division 2 — Administrative provisions 22

Subdivision 1 — Chief Psychiatrist 23

589. First Chief Psychiatrist (1996 Act s. 8) 24

(1) The person who, immediately before commencement 25

day, held under the Public Sector Management 26

Act 1994 Part 3 the office of the Chief Psychiatrist 27

referred to in the 1996 Act section 8 is taken to be 28

appointed under section 506(1) as the Chief 29

Psychiatrist. 30



s. 9

page 10

(2) The person holds office for the period, beginning on 1

commencement day, that is equal to the balance of the 2

person’s term of office that remained under the Public 3

Sector Management Act 1994 Part 3 immediately 4

before commencement day. 5

(3) Except as otherwise agreed by the person, the operation 6

of subsection (1) does not — 7

(a) affect the person’s pay, as that term is defined 8

in the Public Sector Management 9

(Redeployment and Redundancy) 10

Regulations 1994 regulation 3(1); or 11

(b) affect the person’s existing or accruing rights in 12

respect of annual leave, long service leave, sick 13

leave or any other leave; or 14

(c) affect any rights under a superannuation 15

scheme. 16

(4) If the person ceases to be the Chief Psychiatrist and 17

becomes a public service officer, the person’s service 18

as the Chief Psychiatrist is to be regarded as service in 19

the Public Service for the purposes of determining the 20

person’s rights as a public service officer and, if 21

applicable, for the purposes of the Superannuation and 22

Family Benefits Act 1938. 23

590. Review of psychiatrists’ decisions about involuntary 24

patients (1996 Act s. 12) 25

(1) An instruction that was in force under the 1996 Act 26

section 12(2) immediately before commencement day 27

is taken to be a direction given under section 518(4)(b), 28

but a psychiatrist who does not comply with an 29

instruction to which this subsection applies does not 30

commit an offence under section 518(5). 31

(2) A review under the 1996 Act section 12(1) that was 32

started but not completed before commencement day 33



s. 9

page 11

must be dealt with as if the 1996 Act section 12 were 1

still in force, but an instruction given under the 1996 2

Act section 12(2) as a result of the review is taken to be 3

a direction given under section 518(4)(b). 4

591. Inspections of relevant premises (1996 Act s. 13) 5

(1) Any information obtained by the Chief Psychiatrist in 6

the course of a visit to the premises of a psychiatric 7

health service under the 1996 Act section 13(2) 8

(whether or not the visit was completed before 9

commencement day) is taken to be information 10

obtained by the Chief Psychiatrist in the course of a 11

visit to a mental health service under section 519(1). 12

(2) A visit to the premises of a psychiatric health service 13

by the Chief Psychiatrist under the 1996 Act 14

section 13(2) that was started but not completed before 15

commencement day can be completed by the Chief 16

Psychiatrist under section 519(1) as a visit to a mental 17

health service. 18

592. Records of Chief Psychiatrist 19

The records of the office of the Chief Psychiatrist 20

referred to in the 1996 Act section 8 are taken to be the 21

records of the office of the Chief Psychiatrist referred 22

to in section 506(1). 23

Subdivision 2 — Authorised practitioners 24

593. Authorised mental health practitioners (1996 Act 25

s. 20) 26

(1) This section applies in relation to a person — 27

(a) in respect of whom an order under the 1996 Act 28

section 20 was in force immediately before 29

commencement day; and 30



s. 9

page 12

(b) who is a mental health practitioner as defined in 1

section 4. 2

(2) The person is taken to be an authorised mental health 3

practitioner as defined in section 4 — 4

(a) who is designated as such by the order to which 5

subsection (3) applies; and 6

(b) who, in performing the functions of an 7

authorised mental health practitioner, is subject 8

to the limits to which subsection (3) applies. 9

(3) The order referred to in subsection (1)(a) is taken to be 10

an order made under section 537 specifying as the 11

limits within which the functions of an authorised 12

mental health practitioner can be performed by the 13

person the limits that were specified under the 1996 14

Act section 20 immediately before commencement day 15

as the limits within which the person could have 16

performed the functions of an authorised mental health 17

practitioner under that Act. 18

Subdivision 3 — Authorised hospitals 19

594. Authorisation of public hospitals (1996 Act s. 21) 20

(1) This section applies in relation to a public hospital, or 21

part of a public hospital, in respect of which an order 22

under the 1996 Act section 21 was in force 23

immediately before commencement day. 24

(2) The hospital or part of the hospital is taken to be an 25

authorised hospital as defined in section 4 that is 26

authorised by the order to which subsection (3) applies. 27

(3) The order referred to in subsection (1) is taken to be an 28

order made under section 540. 29



s. 9

page 13

Subdivision 4 — Registrar and staff of Mental Health 1

Review Board 2

595. Registrar (1996 Act s. 22(a)) 3

(1) This section applies to the person who, immediately 4

before commencement day, held for the purposes of the 5

1996 Act section 22(a) an appointment under the 6

Public Sector Management Act 1994 Part 3 as 7

Registrar of the Mental Health Review Board. 8

(2) For the purposes of section 481, the person is taken to 9

be appointed under the Public Sector Management 10

Act 1994 Part 3 as the registrar of the Mental Health 11

Tribunal on the terms and conditions that were 12

applicable to the appointment referred to in 13

subsection (1) immediately before commencement day. 14

596. Other staff (1996 Act s. 22(b)) 15

(1) This section applies to a person who, immediately 16

before commencement day, held for the purposes of the 17

1996 Act section 22(b) an appointment under the 18

Public Sector Management Act 1994 Part 3 as an 19

officer to assist with the performance of the functions 20

of the Registrar of the Mental Health Review Board 21

under the 1996 Act. 22

(2) For the purposes of section 484, the person is taken to 23

be appointed under the Public Sector Management 24

Act 1994 Part 3 as an officer to assist the registrar of 25

the Mental Health Tribunal in performing his or her 26

functions under this Act or another written law on the 27

terms and conditions that were applicable to the 28

appointment referred to in subsection (1) immediately 29




s. 9

page 14

Division 3 — Involuntary patients 1

Subdivision 1 — Referral for examination 2

597. Referral for examination of person (1996 Act s. 29) 3

(1) A referral that was in force under the 1996 Act 4

section 29(1) and (2)(a) immediately before 5

commencement day is taken to be a referral made 6

under section 26(2) for an examination to be conducted 7

by a psychiatrist at an authorised hospital. 8

(2) The person who is under the referral is taken to be a 9

person who is referred under section 26(2). 10


section 29(1) and (2)(b) immediately before 12

commencement day is taken to be a referral made 13

under section 26(3)(a) for an examination to be 14

conducted by a psychiatrist at a place that is not an 15

authorised hospital. 16

(4) The person who is under the referral is taken to be a 17

person who is referred under section 26(3)(a). 18

(5) Despite sections 44 and 45 — 19

(a) the period for which a referral to which this 20

section applies can remain in force expires 21

7 days after the day on which it was made 22

under the 1996 Act section 29(1); and 23

(b) the referral cannot be extended. 24

598. Referral for examination of voluntary inpatient 25

(1996 Act s. 30) 26


section 29(1), as applied by section 30(1) of that Act, 28

immediately before commencement day is taken to be 29

a referral made under section 36(2). 30



s. 9

page 15

(2) The voluntary inpatient who is under the referral is 1

taken to be a person who is referred under 2

section 36(2). 3

(3) An order made under the 1996 Act section 30(3) that 4

was in force immediately before commencement day is 5

taken to be an order made under section 34(1). 6

(4) The voluntary inpatient who is under the order is taken 7

to be detained at the authorised hospital under the 8

order. 9

(5) The period for which the voluntary inpatient who is 10

under the order can be detained under the order expires 11

6 hours after the time when the order was made under 12

the 1996 Act section 30(3). 13

599. Personal examination for referral (1996 Act s. 31 14

and 32) 15

(1) This section applies if, immediately before 16

commencement day, a medical practitioner or 17

authorised mental health practitioner had completed an 18

examination in accordance with the 1996 Act 19

section 31 but had not done anything under section 29 20

of that Act, or under section 29 of that Act as applied 21

by section 30(1) of that Act, as a result of the 22

examination. 23

(2) The examination is taken to be an assessment 24

conducted in accordance with Part 6 Division 2 25

Subdivision 4 for the purposes of Part 6 Division 2 26

Subdivision 3. 27

(3) The medical practitioner or authorised mental health 28

practitioner can make a referral under section 26(2) or 29

(3)(a) or 36(2) on the basis of the examination, but the 30

referral cannot be made more than 48 hours after the 31

time when the examination was completed under the 32

1996 Act section 31. 33



s. 9

page 16

600. Transport to authorised hospital or other place 1

(1996 Act s. 34) 2

(1) A transport order made under the 1996 Act 3

section 34(1) in respect of a person who is under a 4

referral to which section 597(1) or (3) applies that was 5

in force immediately before commencement day is 6

taken to be a transport order made under section 29(1). 7


(a) the period for which the transport order can 9

remain in force expires when the first of these 10

things occurs — 11

(i) the relevant period under subsection (3) 12

ends; or 13

(ii) the period of 7 days after the day on 14

which the referral was made under the 15

1996 Act section 29(1) ends; 16

and 17

(b) the transport order cannot be extended. 18

(3) For subsection (2)(a)(i), the relevant period is — 19

(a) if the person is under a referral to which 20

section 597(1) applies — 72 hours after the 21

transport order was made under the 1996 Act 22

section 34(1); or 23

(b) if the person is under a referral to which 24

section 597(3) applies — 24 hours after the 25

transport order was made under the 1996 Act 26

section 34(1). 27



s. 9

page 17

Subdivision 2 — Examination at authorised hospital 1

601. Detention of person who is referred at authorised 2

hospital (1996 Act s. 36) 3

(1) This section applies in relation to a person who is 4

under a referral to which section 597(1) applies. 5

(2) Subject to this section, Part 6 Division 3 Subdivision 1 6

applies in relation to the person. 7

(3) The person cannot be received into the authorised 8

hospital on or after commencement day if the referral 9

has expired because of section 597(5)(a). 10

(4) If the person was detained at the authorised hospital 11

under the 1996 Act section 36(1)(b) immediately 12

before commencement day, the person is taken to be 13

detained at the authorised hospital under 14

section 52(1)(b). 15

(5) The period for which the person can be detained under 16

section 52(1)(b) expires 24 hours after the time when 17

the person was received into the authorised hospital 18

under the 1996 Act section 36(1)(a). 19

602. Detention of voluntary inpatient admitted to 20

authorised hospital 21

(1) This section applies in relation to a voluntary inpatient 22

who is under a referral to which section 598(1) applies. 23


applies in relation to the voluntary inpatient. 25

(3) The voluntary inpatient is taken to be detained under 26

section 53(1)(a). 27



s. 9

page 18

(4) The period for which the voluntary inpatient can be 1

detained under section 53(1)(a) expires at — 2

(a) if an order to which section 598(3) applies is in 3

force in respect of the voluntary inpatient — 4

the end of 24 hours after the time at which the 5

order was made under the 1996 Act 6

section 30(3); or 7

(b) otherwise — the end of 24 hours after the time 8

at which the referral was made under the 1996 9

Act section 29(1) as applied by section 30(1) of 10

that Act. 11

603. Examination of person who is referred (1996 Act 12

s. 37 including as applied by s. 30(5)) 13


commencement day, a psychiatrist had completed an 15

examination for the purposes of the 1996 Act 16

section 37, or that section as applied by section 30(5) 17

of that Act, but had not done anything under that 18

section as a result of the examination. 19

(2) The examination is taken to be an examination 20


Subdivision 6 for the purposes of section 54. 22

(3) If the psychiatrist makes an order under 23

section 55(1)(c), for the purposes of section 55(3), the 24

maximum period that the person who is under the order 25

can be detained under the order expires at — 26

(a) if the person is under a referral to which 27

section 597(1) applies — the end of 72 hours 28

after the person was received into the 29

authorised hospital under the 1996 Act 30

section 36(1)(a); or 31

(b) if the person is a voluntary inpatient who is 32

under a referral to which section 598(1) 33



s. 9

page 19

applies — the end of 72 hours after the referral 1

was made under the 1996 Act section 29(1) as 2

applied by section 30(1) of that Act. 3

604. Order made in respect of person who is referred 4

(1996 Act s. 37 including as applied by s. 30(5)) 5

(1) An order made under the 1996 Act section 43(2)(a) for 6

the purposes of section 37(1)(a) of that Act, or 7

section 37(1)(a) of that Act as applied by section 30(5) 8

of that Act, that was in force immediately before 9

commencement day is taken to be an inpatient 10

treatment order made under section 55(1)(a). 11

(2) The person who is under the order is taken to be an 12

involuntary inpatient. 13

(3) A community treatment order made under the 1996 Act 14

section 43(2)(b) for the purposes of section 37(1)(a) of 15

that Act, or section 37(1)(a) of that Act as applied by 16

section 30(5) of that Act, that was in force immediately 17

before commencement day is taken to be a community 18

treatment order made under section 55(1)(b). 19

(4) The person who is under the community treatment 20

order is taken to be an involuntary community patient. 21

(5) An order made under the 1996 Act section 37(1)(b) 22

that was in force immediately before commencement 23

day is taken to be an order made under 24

section 55(1)(c). 25


the order expires as specified in the order under the 27

1996 Act section 37(2). 28



s. 9

page 20

Subdivision 3 — Examination at place other than 1


605. Receival of person at place other than authorised 3

hospital 4

(1) This section applies in relation to a person who is 5

under a referral to which section 597(3) applies. 6



(3) The person cannot be received into the place on or after 9

commencement day if the referral has expired because 10

of section 597(5)(a). 11

(4) If the person was received at the place before 12

commencement day, the person is taken to be detained 13

at the place under section 58(1)(b). 14


section 58(1)(b) expires at the end of 72 hours after the 16

time when the person was received at the place under 17

the 1996 Act. 18

606. Examination for purposes of referral made under 19

1996 Act s. 29(2)(b) 20



examination for the purposes of a referral made under 23

the 1996 Act section 29(2)(b) but had not done 24

anything under section 39(1) of that Act as a result of 25

the examination. 26

(2) The examination is taken to be an examination 27



(3) The psychiatrist can make an order under 30

section 61(1)(c) on the basis of the examination, but 31



s. 9

page 21

the order cannot be made more than 72 hours after the 1

time when the person who was examined was received 2

at the place where the examination was conducted. 3

607. Detention of person for assessment at authorised 4

hospital (1996 Act s. 39 and 40) 5

(1) This section applies in relation to a person — 6

(a) who is under a referral to which section 597(3) 7

applies; and 8

(b) in respect of whom an order made under the 9

1996 Act section 39(1) was in force 10


(2) The order referred to in subsection (1)(b) is taken to be 12

an order made under section 61(1)(c). 13



(4) The person cannot be received into the authorised 16

hospital on or after commencement day if the referral 17

has expired because of section 597(5)(a). 18

(5) If the person was detained at the authorised hospital 19

under the 1996 Act section 40(1) immediately before 20

commencement day, the person is taken to be detained 21

at the authorised hospital under section 70(1)(b). 22


section 70(1)(b) expires at the end of 72 hours after the 24

time when the person was received into the authorised 25

hospital under the 1996 Act section 40(1). 26

608. Assessment because of order made under 1996 Act 27

s. 39(1) 28



assessment conducted because of an order made under 31



s. 9

page 22

the 1996 Act section 39(1) but had not done anything 1

under the 1996 Act as a result of the assessment. 2

(2) The assessment is taken to be an examination 3



(3) The psychiatrist can make an order under section 72(1) 6

on the basis of the assessment, but the order cannot be 7

made more than 72 hours after the time when the 8

person was received into the authorised hospital under 9


609. Order made in respect of person detained for 11

assessment (1996 Act s. 40(1)(b)) 12

(1) An order made under the 1996 Act section 43(2)(a) for 13

the purposes of section 40(1)(b) of that Act that was in 14

force immediately before commencement day is taken 15

to be an inpatient treatment order made under 16





section 43(2)(b) for the purposes of section 40(1)(b) of 21

that Act that was in force immediately before 22

commencement day is taken to be a community 23

treatment order made under section 72(1)(b). 24





section 41(1) in respect of a person who is under an 29

order to which section 607(2) applies that was in force 30



s. 9

page 23


a transport order made under section 63(1). 2



remain in force expires at the end of 72 hours 5

after the time when the transport order was 6

made under the 1996 Act section 41(1); and 7


Subdivision 4 — Detention in authorised hospital 9

611. Transfer to another authorised hospital (1996 Act 10

s. 46) 11

An order made under the 1996 Act section 46 in 12

respect of an involuntary inpatient that was in force 13


a transfer order made under section 91(2). 15

612. Period of detention specified in order (1996 Act 16

s. 48) 17

Despite section 87, a continued inpatient treatment 18

order to which section 604(1), 609(1) or 623(1) applies 19

authorises the detention of the person who is under the 20

order for the period ending on the day specified in the 21

order. 22

613. Examination of patient within detention period 23

(1996 Act s. 49(1) and 50(1)) 24


commencement day, a psychiatrist had completed, for 26

the purposes of the 1996 Act section 49(1) or 50(1), an 27

examination of an involuntary inpatient who is under a 28

continued inpatient treatment order but had not done 29

anything under section 49(2) or (3) of that Act, or 30



s. 9

page 24

under section 49(2) or (3) of that Act as applied by 1

section 50(2) of that Act, as a result of the examination. 2

(2) The examination is taken to be an examination under 3

section 89(1) if the examination was completed within 4

7 days before the continued involuntary treatment order 5

expires under section 612. 6

614. Order made on examination within detention 7

period (1996 Act s. 49(3) including as applied by 8

s. 50(2)) 9

(1) An order made under the 1996 Act section 49(3)(a), or 10

section 49(3)(a) of that Act as applied by section 50(2) 11

of that Act, that was in force immediately before 12

commencement day is taken to be a continuation order 13

made under section 89(2)(a). 14

(2) An order to which subsection (1) applies authorises the 15

detention of the person who is under the order for the 16

period ending — 17

(a) if, immediately before commencement day, the 18

order had been in force under the 1996 Act for 19

at least 5 months — on the day specified in the 20

order; or 21

(b) if, immediately before commencement day, the 22


less than 5 months but more than 3 months, on 24

the earlier of — 25

(i) the day specified in the order; and 26

(ii) the day that is one month after 27

commencement day; 28

or 29

(c) if, immediately before commencement day, the 30


3 months or less, on the earlier of — 32

(i) the day specified in the order; and 33



s. 9

page 25

(ii) the day that is 2 months after 1

commencement day. 2


section 49(3)(b), or section 49(3)(b) of that Act as 4

applied by section 50(2) of that Act, that was in force 5


a community treatment order made under 7

section 89(2)(b). 8



615. Order made at any time (1996 Act s. 52) 11


section 52(b) that was in force immediately before 13





Subdivision 5 — Absence without leave and leave of absence 18

616. Absence without leave (1996 Act s. 57) 19

A person who is absent without leave under the 1996 20

Act section 57 immediately before commencement day 21

is taken to be absent without leave under section 97. 22

617. Apprehension of person absent without leave 23

(1996 Act s. 58) 24


commencement day, a person who had been 26

apprehended under the 1996 Act section 58(1) had not 27

been returned in accordance with section 58(2) of that 28

Act to the authorised hospital from which the person is 29

absent. 30



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page 26

(2) The police officer or other person who is detaining the 1

person apprehended must ensure that that person is 2

taken, as soon as practicable and, in any event, on or 3

within 14 days after commencement day to — 4

(a) the authorised hospital from which the person is 5

absent without leave; or 6

(b) another authorised hospital or another place by 7

arrangement with a medical practitioner or 8

authorised mental health practitioner at that 9

other authorised hospital or place. 10

(3) Anything seized under the 1996 Act section 58(3)(b) 11

from the person apprehended that had not been dealt 12

with under section 199 of that Act before 13

commencement day must be dealt with under 14

section 166 as if it had been seized under 15

section 159(2)(c). 16

618. Grant of leave (1996 Act s. 59) 17

An involuntary inpatient who, immediately before 18

commencement day, is on leave of absence from an 19

authorised hospital granted under the 1996 Act 20

section 59(1) or extended under section 59(3) of that 21

Act is taken to be on leave of absence from the 22

authorised hospital granted under section 105(1) for the 23

period specified in the grant or extension. 24

619. Monitoring of involuntary inpatient on leave 25

(1996 Act s. 62) 26

(1) Subsection (2) applies in relation to an involuntary 27

inpatient who is away from an authorised hospital on 28

leave of absence because of section 618. 29

(2) For the purposes of section 108, the period for which 30

the involuntary inpatient is away from the authorised 31

hospital on leave of absence includes the period for 32

which the involuntary inpatient was away from the 33



s. 9

page 27

authorised hospital on leave of absence immediately 1



section 62(2)(b) that was in force immediately before 4





620. Release of involuntary inpatient while on leave 9

(1996 Act s. 63) 10

(1) This section applies in relation to an involuntary 11

inpatient under a continuing inpatient treatment order 12

who is on leave of absence from an authorised hospital 13

because of section 618. 14

(2) If, immediately before commencement day, the 15

involuntary inpatient’s treating psychiatrist had 16

received a written opinion from another medical 17

practitioner or an authorised mental health practitioner 18

to the effect described in the 1996 Act section 63(1)(b) 19

but had not done anything under section 63(2) of that 20

Act as a result of the opinion, the written opinion is 21

taken to be a written opinion received by the treating 22

psychiatrist under section 109. 23


section 63(2)(b) that was in force immediately before 25







s. 9

page 28

Subdivision 6 — Treatment of involuntary patient in 1

community 2

621. Community treatment order made under general 3

power (1996 Act s. 67) 4


section 67(1) that was in force immediately before 6


treatment order made under section 75(1). 8



622. Confirmation of community treatment order 11

(1996 Act s. 69) 12


commencement day, a continued community treatment 14

order to which section 621(1) applies had not been 15

confirmed under the 1996 Act section 69(1). 16

(2) For the purposes of section 76, the period within which 17

the continued community treatment order must be 18

confirmed under section 76 expires at the end of 19

72 hours after the continued community treatment 20

order was made under the 1996 Act section 67(1). 21

623. Order made on revocation of community treatment 22

order (1966 Act s. 70) 23

(1) An order made under the 1996 Act section 70(1) that a 24

person be admitted to, and detained, in an authorised 25

hospital that was in force immediately before 26

commencement day is taken to be an inpatient 27






s. 9

page 29



section 71(1) in respect of a person who is under a 3

continued inpatient treatment order to which 4

section 623(1) applies that was in force immediately 5

before commencement day is taken to be a transport 6

order made under section 133(1). 7



remain in force expires at the end of 72 hours 10

after the time when the transport order was 11

made under the 1996 Act section 71(1); and 12


625. Review by supervising psychiatrist (1996 Act s. 75) 14

(1) For a continued community treatment order in respect 15

of an involuntary community patient who, immediately 16

before commencement day, had not been examined 17

under the 1996 Act section 75, the first treatment 18

period under section 118 is the period — 19

(a) beginning on the day on which the order was 20

made under the 1996 Act; and 21

(b) ending on the day on which the order expires as 22

specified in the order under the 1996 Act 23

section 68(1)(d). 24

(2) An examination of the involuntary community patient 25

under a continued community treatment order that was 26

conducted for the purposes of the 1996 Act section 75 27

before commencement day is taken to be an 28

examination of the involuntary community patient 29

conducted for the purposes of section 118. 30



s. 9

page 30

626. Extension of community treatment order (1996 Act 1

s. 76) 2

(1) Any extension of a continued community treatment 3

order made under the 1996 Act section 76(1) that was 4

in force immediately before commencement day is 5

taken to be a continuation order made under 6

section 121(1). 7

(2) If, immediately before commencement day, an 8

involuntary community patient under a continued 9

community treatment order extended under the 1996 10

Act section 76(1) had requested a second opinion under 11

section 76(3) of that Act but the second opinion had 12

not been obtained, the request is taken to have been 13

made under section 121(5) on the day on which it was 14

made under the 1996 Act section 76(3). 15

627. Examination and report by authorised medical 16

practitioner (1996 Act s. 77) 17

(1) For the purposes of section 625(2), an examination 18

conducted for the purposes of the 1996 Act section 75 19

includes an examination taken to have been conducted 20

for those purposes because of section 77 of that Act. 21


supervising psychiatrist under a continued community 23

treatment order had, for the purposes of the 1996 Act 24

section 75, requested under the 1996 Act section 77(1) 25

the examination of, and a report about, the involuntary 26

community patient under the order but had not been 27

provided with the report, the request is taken to be a 28

request made under section 119(1). 29


supervising psychiatrist under a continued community 31

treatment order had, for the purposes of the 1996 Act 32

section 75, been provided by an authorised medical 33



s. 9

page 31

practitioner with a report requested under the 1996 Act 1

section 77(1) about the involuntary community patient 2

under the order but had not as a result of the authorised 3

medical practitioner’s report prepared a report about 4

the patient under section 77(3) of that Act — 5

(a) the examination on which the authorised 6

medical practitioner’s report is based is taken to 7

be an examination conducted under 8

section 118(2)(b)(ii); and 9

(b) the authorised medical practitioner’s report is 10

taken to have been provided to the supervising 11

psychiatrist under section 118(5). 12

628. Variation of community treatment order (1996 Act 13

s. 79) 14

(1) Any transfer of responsibility as the treating 15

practitioner under a continued community treatment 16

order that was in force under the 1996 Act 17

section 79(1)(a) immediately before commencement 18

day is taken to be a transfer of that responsibility under 19

section 137(a). 20

(2) Any variation of the terms of a continued community 21

treatment order that was in force under the 1996 Act 22

section 79(1)(b) immediately before commencement 23

day and had the effect of transferring responsibility as 24

the supervising psychiatrist under the order is taken to 25

be a transfer of that responsibility under 26

section 135(1)(a). 27

(3) Any other variation of the terms of a continued 28

community treatment order that was in force under the 29

1996 Act section 79(1)(b) immediately before 30

commencement day is taken to be an order varying the 31

terms of the continued community treatment order 32

made under section 122(1). 33



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page 32

629. Notice of breach (1996 Act s. 81) 1

Notice of a breach of a continued community treatment 2

order that was given under the 1996 Act 3

section 81(1)(b) before commencement day is taken to 4

be notice of the breach given under section 127(2)(b). 5

630. Order to attend if breach continues (1996 Act s. 82) 6

(1) An order to attend that was in force under the 1996 Act 7

section 82(1) immediately before commencement day 8

is taken to be an order to attend made under 9

section 128(1). 10

(2) If an order to attend to which subsection (1) applies 11

and a written warning to the effect described in the 12

1996 Act section 82(4) were given under the 1996 Act 13

section 82(3) and (4) to the involuntary community 14

patient under a continued community treatment order 15

before commencement day, a copy of the order is taken 16

to have been given to the patient under section 128(5). 17

631. Order for police assistance (1996 Act s. 84) 18

(1) An order made under the 1996 Act section 84(1) that 19


taken to be a transport order made under 21

section 129(2). 22


(a) the period for which the order can remain in 24

force expires at the end of 72 hours after the 25

time when the order was made under the 1996 26

Act section 84(1); and 27

(b) the order cannot be extended. 28



s. 9

page 33

Division 4 — Treatment of patients 1

632. Informed consent (1996 Act Pt. 5 Div. 2) 2

If, immediately before commencement day, informed 3

consent had been given in accordance with the 1996 4

Act Part 5 Division 2 for the provision of treatment but 5

the treatment had not been provided, the informed 6

consent is taken to be informed consent given in 7

accordance with Part 5 Division 2 for the provision of 8

that treatment. 9

633. Psychosurgery: approval already given (1996 Act 10

s. 101) 11

If, immediately before commencement day, 12

psychosurgery for which an approval had been given 13

for the purposes of the 1996 Act section 101(1)(b) had 14

not been performed, the approval is taken to be an 15

approval for the purposes of section 208(2)(b). 16

634. Psychosurgery: application for approval pending 17

(1996 Act s. 102) 18

An application made under the 1996 Act section 102 19

for approval for psychosurgery to be performed that 20

was pending immediately before commencement day is 21

taken to be an application made under section 415. 22

635. Electroconvulsive therapy: course of treatment 23

commenced before commencement day 24

A person who performs electroconvulsive therapy on 25

another person does not commit an offence under 26

section 193 if the person performs the 27

electroconvulsive therapy in accordance with the 1996 28

Act Part 5 Division 5 on or within one month after 29

commencement day for the purpose of completing a 30

course of electroconvulsive therapy started before 31

commencement day. 32



s. 9

page 34

636. Electroconvulsive therapy: recommendation 1

referred to Mental Health Review Board (1996 Act 2

s. 106) 3

Any proceeding of the Mental Health Review Board in 4

respect of a recommendation that electroconvulsive 5

therapy be performed on a person that had been 6

referred to the Board under the 1996 Act section 106(1) 7

but had not been disposed of before commencement 8

day is discontinued. 9

637. Other medical treatment that is not psychiatric 10

treatment (1996 Act s. 110) 11

If, immediately before commencement day, medical 12

treatment for which approval had been given by the 13

Chief Psychiatrist under the 1996 Act section 110(1) 14

had not been provided, the medical treatment can be 15

provided in accordance with the approval. 16

638. Second opinion requested (1996 Act s. 111) 17

(1) This section applies in relation to a patient to whom 18

Part 13 Division 2 applies. 19

(2) If, immediately before commencement day, a patient 20

had requested a second opinion under the 1996 Act 21

section 111(2)(a) but the second opinion had not been 22

obtained, the request is taken to have been made to the 23

patient’s psychiatrist under section 182(2). 24


had requested a second opinion under the 1996 Act 26

section 111(2)(b) but the second opinion had not been 27

obtained, the request is taken to have been made to the 28

Chief Psychiatrist under section 182(2). 29

(4) If, immediately before commencement day, a patient’s 30

psychiatrist had obtained a second opinion in response 31

to a request made under the 1996 Act section 111(2)(a) 32



s. 9

page 35

but had not done anything in relation to the opinion, the 1

opinion is taken to have been obtained by the patient’s 2

psychiatrist under section 182. 3

(5) If, immediately before commencement day, the Chief 4

Psychiatrist had obtained a second opinion in response 5

to a request made under the 1996 Act section 111(2)(b) 6

but had not done anything in relation to the opinion, the 7

opinion is taken to have been obtained by the Chief 8

Psychiatrist under section 182. 9

639. Dissatisfaction with second opinion (1996 Act s. 112) 10

(1) This section applies if, before commencement day — 11

(a) an opinion to the effect described in the 1996 12

Act section 112(1)(a) had been obtained under 13

section 111 of that Act in respect of a patient to 14

whom Part 13 Division 2 applies; and 15

(b) the Chief Psychiatrist had become aware, 16

because of oral or written advice given to the 17

Chief Psychiatrist by the patient, of the 18

patient’s continued dissatisfaction with 19

treatment being provided to the patient. 20


Psychiatrist had not done anything under the 1996 Act 22

section 112(2) as a result of the advice, the advice is 23

taken to be advice given to the Chief Psychiatrist by 24

the patient under section 184(1). 25


Psychiatrist had referred a matter to the Mental Health 27

Review Board under the 1996 Act section 112(2)(b) 28

but the Board had not made a decision on the matter 29

under section 112(3) of that Act, any proceeding before 30

the Board in respect of the matter is discontinued. 31



s. 9

page 36

640. Seclusion (1996 Act s. 119) 1

(1) An authorisation to keep a patient in seclusion that was 2

in force under the 1996 Act section 119 immediately 3

before commencement day is taken to be a seclusion 4

order made under section 215(1). 5

(2) Notification of a medical practitioner under the 1996 6

Act section 119(3) of an authorisation to which 7

subsection (1) applies is taken to be notification of a 8

medical practitioner under section 215(4). 9

641. Mechanical bodily restraint (1996 Act s. 123) 10

(1) An authorisation to use mechanical bodily restraint that 11

was in force under the 1996 Act section 123 12


a bodily restraint order made under section 231(1). 14

(2) Notification of a medical practitioner under the 1996 15

Act section 123(3) of an authorisation to which 16

subsection (1) applies is taken to be notification of a 17

medical practitioner under section 231(4). 18

Division 5 — Mental Health Review Board 19

Subdivision 1 — President and other members of Board 20

642. Appointment to Mental Health Tribunal (1996 Act 21

s. 126 and Sch. 1) 22

(1) The person who, immediately before commencement 23

day, held office under the 1996 Act section 126(1)(a) 24

as the President of the Mental Health Review Board is 25

taken be appointed under section 473 as the President 26

of the Mental Health Tribunal. 27

(2) A person who, immediately before commencement 28

day, held office under the 1996 Act section 126(1)(b) 29

as a member of the Mental Health Review Board is 30



s. 9

page 37

taken to be appointed under section 474(1) as a 1

member of the Mental Health Tribunal. 2

(3) A person to whom subsection (1) or (2) applies holds 3

office under this Act — 4

(a) for the period, beginning on commencement 5

day, that is equal to the balance of the person’s 6

term of office under the 1996 Act that remained 7

immediately before commencement day; and 8

(b) otherwise on the same terms and conditions 9

(including as to remuneration) as those on 10

which the person held office under the 1996 11

Act immediately before commencement day. 12

Subdivision 2 — Reviews and inquiries 13

643. Initial review after commencement day (1996 Act 14

s. 138) 15


initial order means — 17

(a) a continued inpatient treatment order to which 18

section 604(1), 609(1) or 623(1) applies; or 19

(b) a continued community treatment order to 20

which section 604(3), 609(3), 614(3), 615(1), 21

619(3), 620(3) or 621(1) applies. 22

(2) This section applies to an initial order that, 23

immediately before commencement day, had not been 24

reviewed under the 1996 Act section 138. 25

(3) If, on the day on which the initial order was made, the 26

involuntary patient under the order was an adult, the 27

initial review period under section 386 is taken to be — 28


initial order had been in force under the 1996 30



s. 9

page 38

Act for not more than 7 days — the period of 1

35 days from commencement day; or 2



Act for more than 7 days but not more than 5

21 days — the period of 28 days from 6

commencement day; or 7



Act for more than 21 days — the period of 10

14 days from commencement day. 11

(4) If, on the day on which the initial order was made, the 12

involuntary patient under the order was a child, the 13

initial review period under section 386 is taken to be — 14



Act for not more than 7 days — the period of 17

21 days from commencement day; or 18



Act for more than 7 days but not more than 21

21 days — the period of 14 days from 22

commencement day; or 23



Act for more than 21 days — the period of 26


644. First periodic review after commencement day 28

(1996 Act s. 139) 29

(1) This section applies in relation to a continued 30

involuntary treatment order that had been reviewed 31

under the 1996 Act section 138 or 139 before 32

commencement day. 33



s. 9

page 39


last review day, for the continued involuntary treatment 2

order, means the day on which the last review of the 3

order was completed under the 1996 Act section 138 4

or 139. 5

(3) If, on the last review day, the involuntary patient under 6

the continued involuntary treatment order was an adult, 7

the first periodic review period under section 387 is 8

taken to be — 9

(a) if the last review day was not more than one 10

month before commencement day — the period 11

of 3 months from commencement day; or 12

(b) if the last review day was more than one month 13

but not more than 3 months before 14

commencement day — the period of 2 months 15

from commencement day; or 16

(c) if the last review day was more than 3 months 17

before commencement day — the period of one 18

month from commencement day. 19

(4) If, on the last review day, the involuntary patient under 20

the continued involuntary treatment order was a child, 21

the first periodic review period under section 387 is 22

taken to be — 23

(a) if the last review day was not more than one 24

month before commencement day — the period 25

of 28 days from commencement day; or 26

(b) if the last review day was more than one month 27

but not more than 3 months before 28

commencement day — the period of 21 days 29

from commencement day; or 30

(c) if the last review day was more than 3 months 31

before commencement day — the period of 32




s. 9

page 40

645. Application for review pending before 1

commencement day (1996 Act s. 142) 2

An application made under the 1996 Act section 142(1) 3

for a review of a matter specified in that subsection that 4

was pending immediately before commencement day is 5

taken to be an application made under section 390(1) 6

for a review of that matter. 7

646. Suspension of order or restraint of action pending 8

review (1996 Act s. 143) 9

(1) Subsection (2) applies in relation to an order made 10

under the 1996 Act section 143 that was in force 11


(2) The order is taken to be an order made under 13

section 392(1). 14

(3) An application made under the 1996 Act section 143 15

that was pending immediately before commencement 16

day is taken to be an application made under 17

section 392(2). 18

647. Board initiated review (1996 Act s. 144) 19

A review that, immediately before commencement day, 20

had been initiated by the Mental Health Review Board 21

under the 1996 Act section 144 but had not been 22

disposed of is taken to be a review initiated by the 23

Mental Health Tribunal under section 391. 24

648. Order that community treatment order be made 25

(1996 Act s. 145(2)(b)) 26

An order made under the 1996 Act section 145(2)(b) 27

that was in force immediately before commencement 28

day is taken to be a direction given under 29

section 395(2)(b). 30



s. 9

page 41

649. Complaints to Board (1996 Act s. 146) 1

If, immediately before commencement day, a 2

complaint had been made under the 1996 Act 3

section 146 but the enquiry had not been completed, 4

the complaint is taken to be an application made under 5

section 422 or 432(1), as directed by the President of 6

the Mental Health Tribunal. 7

650. Enquiries directed by Minister (1996 Act s. 147) 8


commencement day, the Minister had directed the 10

Mental Health Review Board to enquire into a matter 11

under the 1996 Act section 147 but the enquiry had not 12

been completed. 13

(2) Despite the repeal of the 1996 Act — 14

(a) the enquiry must be completed as soon as 15

practicable; and 16

(b) the responsible former Board member under 17

subsection (3) must complete the enquiry. 18

(3) For subsection (2)(b), the responsible former Board 19

member is — 20

(a) a person — 21

(i) to whom section 642(2) applies; and 22

(ii) who is nominated by the person referred 23

to in paragraph (b) to complete the 24

enquiry; 25

or 26

(b) if no-one is nominated under 27

paragraph (a)(ii) — the person to whom 28

section 642(1) applies. 29



s. 9

page 42

651. Final report about activities of Mental Health 1

Review Board (1996 Act s. 148) 2

Despite the repeal of the 1996 Act, the person to whom 3

section 642(1) applies must make a report under 4

section 148 of that Act about the activities of the Board 5

for the period beginning on 1 July before 6

commencement day and ending on the day before 7

commencement day. 8

652. Records and proceedings of Mental Health Review 9

Board 10

(1) The records of the Mental Health Review Board are 11

taken to be the records of the Mental Health Tribunal. 12

(2) The Mental Health Tribunal can have regard to any 13

record of any proceeding of the Mental Health Review 14

Board that is continued under this Part as a proceeding 15

of the Tribunal. 16

Subdivision 3 — Applications to State Administrative 17

Tribunal 18

653. Applications for review or determination of 19

questions of law (1996 Act Pt. 6 Div. 2A) 20

(1) This section applies in relation to — 21

(a) an application for a review or leave to apply for 22

a review that, immediately before 23

commencement day, had been made under the 24

1996 Act section 148A but had not been 25

disposed of; or 26

(b) an application for a determination of a question 27

of law that, immediately before commencement 28

day, had been made under the 1996 Act 29

section 148E but had not been disposed of. 30



s. 9

page 43

(2) Despite the repeal of the 1996 Act, an application can 1

be dealt with as if the 1996 Act Part 6 Division 2A and 2

Schedule 2A were still in force. 3

(3) In dealing with an application under subsection (2), the 4

State Administrative Tribunal can make any order in 5

relation to the operation of this Act that the Tribunal 6

considers appropriate. 7

Subdivision 4 — Appeals from State Administrative 8

Tribunal 9

654. Appeals to Supreme Court (1996 Act Pt. 6 Div. 3) 10

(1) Despite the repeal of the 1996 Act, an appeal or an 11

application for leave to appeal that, immediately before 12

commencement day, had been made under the 1996 13

Act section 149 but had not been disposed of can be 14

dealt with as if the 1996 Act Part 6 Division 3 were 15

still in force. 16

(2) In dealing with an appeal or application under 17

subsection (1), the Supreme Court can make any order 18

in relation to the operation of this Act that the Court 19

considers appropriate. 20

Division 6 — Protection of patient’s rights 21

655. Interview with psychiatrist requested by patient 22

(1996 Act s. 164) 23

(1) This section applies in relation to a patient to whom 24

Part 16 Division 2 Subdivision 2 applies. 25


had requested an interview with a psychiatrist under 27

the 1996 Act section 164(3) but the interview had not 28

occurred, the request is taken to have been made under 29

section 260(1). 30



s. 9

page 44

656. Personal possessions left at authorised hospital 1

(1996 Act s. 165(3)) 2

Section 259(6) applies in relation to any personal 3

possessions of a patient who was discharged from an 4

authorised hospital before commencement day that 5

were still at the hospital immediately before 6

commencement day. 7

657. Order restricting or denying patient’s rights 8

(1996 Act s. 169) 9

An order made under the 1996 Act section 169(1) that 10


taken to be an order made under section 262(1). 12

658. Application for review of order restricting or 13

denying patient’s right (1996 Act s. 170) 14

An application made under the 1996 Act section 170 15

that was pending immediately before commencement 16

day is taken to be an application made under 17

section 432(1). 18

Division 7 — Community support services 19

659. Funding and services agreements (1996 Act s. 174) 20

Despite the repeal of the 1996 Act, a funding and 21

services agreement entered into under the 1996 Act 22

section 174(1) that was in effect immediately before 23

commencement day continues to have effect according 24

to its terms on and after that day as if the 1996 Act 25

section 174 were still in force. 26



s. 9

page 45

Division 8 — Council of Official Visitors 1

660. Matters generally 2

(1) This section applies in relation to any matter that, 3

immediately before commencement day, was being 4

dealt with under the 1996 Act by any of these persons 5

or bodies — 6

(a) the Council of Official Visitors; 7

(b) the Head of the Council of Official Visitors; 8

(c) an official visitor; 9

(d) a panel appointed under section 187 of that Act; 10

(e) the executive officer of the Council of Official 11

Visitors. 12

(2) The matter may continue being dealt with under this 13

Act by — 14

(a) the Chief Mental Health Advocate; or 15

(b) a mental health advocate or a member of the 16

advocacy services staff referred to in 17

section 375, as directed by the Chief Mental 18

Health Advocate. 19

661. Request for visit by official visitor (1996 Act s. 189) 20

A request made under the 1996 Act section 189(1)(a) 21

or (b) for an official visitor to visit a person that, 22

immediately before commencement day, had not been 23

dealt with under that Act is taken to be a request made 24

under section 356(2)(a) or (b), as the case requires, for 25

a mental health advocate to contact or otherwise visit 26

the person. 27



s. 9

page 46

662. Exercise of powers by official visitors and panels 1

(1996 Act s. 190) 2

(1) Any information obtained by an official visitor or a 3

panel in the course of a visit to a place under the 1996 4

Act section 190(2) (whether or not the visit was 5

completed before commencement day) is taken to be 6

information obtained by a mental health advocate in 7

the course of a visit to a mental health service under 8


(2) A visit to a place by an official visitor or a panel under 10

the 1996 Act section 190(2) that was started but not 11

completed before commencement day can be 12

completed by a mental health advocate under 13

section 359(1)(a) as a visit to a mental health service. 14

663. Reports requested by Minister (1996 Act s. 192(2)) 15


commencement day, the Minister had requested a 17

report about a matter under the 1996 Act section 192(2) 18

but no report about the matter had been made to the 19

Minister. 20

(2) Despite the repeal of the 1996 Act — 21

(a) the report must made be to the Minister under 22

the 1996 Act section 192(2) as soon as 23

practicable; and 24

(b) the responsible COV office holder under 25

subsection (3) continues to hold office, and is 26

entitled to receive from the Chief Mental 27

Health Advocate such assistance as the 28

responsible COV office holder reasonably 29

requires, for the purpose of making the report. 30



s. 9

page 47

(3) For subsection (2)(b), the responsible COV office 1

holder is — 2

(a) a person — 3

(i) who, immediately before 4

commencement day, held office under 5

the 1996 Act as an official visitor or a 6

person on a panel; and 7

(ii) who is nominated by the person referred 8

to in paragraph (b) to make the report; 9

or 10

(b) if no-one is nominated under 11

paragraph (a)(ii) — the person who, 12

immediately before commencement day, held 13

office under the 1996 Act as the Head of the 14

Council of Official Visitors. 15

664. Final report about activities of official visitors 16

(1996 Act s. 192(3)) 17

Despite the repeal of the 1996 Act — 18

(a) the person who, immediately before 19

commencement day, held office as the Head of 20

the Council of Official Visitors must make a 21

report under section 192(3) of that Act for the 22

period beginning on 1 July before 23

commencement day and ending on the day 24

before commencement day; and 25

(b) that person continues to hold office, and is 26

entitled to receive from the Chief Mental 27

Health Advocate such assistance as that person 28

reasonably requires, for the purpose of making 29

the report; and 30

(c) the Minister must cause a copy of the report to 31

be laid before each House of Parliament under 32




s. 9

page 48

665. Records of Council of Official Visitors 1

The records of the Council of Official Visitors are 2

taken to be the records of the office of the Chief Mental 3

Health Advocate. 4

Division 9 — Other matters under 1996 Act 5

666. Person taken into protective custody (1996 Act 6

s. 195) 7

(1) If, immediately before commencement day, a person 8

had been apprehended under the 1996 Act 9

section 195(1) but no arrangement to have the person 10

examined had been made under section 195(2) of that 11

Act, the person is taken to have been apprehended 12

under section 156(1). 13

(2) If, immediately before commencement day, an 14

arrangement to have a person examined had been made 15

under the 1996 Act section 195(2) but the person had 16

not been examined in accordance with that 17

arrangement, the arrangement is taken to be an 18

arrangement to have the person assessed under 19

section 156(3)(a) and the person can be detained under 20

section 156(3)(b). 21

667. Examination of person arrested (1996 Act s. 196) 22

If, immediately before commencement day, an 23

arrangement to have a person examined had been made 24

under the 1996 Act section 196(1) but the person had 25

not been examined in accordance with that 26

arrangement, the arrangement is taken to be an 27

arrangement to have the person assessed under 28

section 157(2). 29



s. 9

page 49

668. Things seized by police officer (1996 Act s. 197) 1

Anything seized under the 1996 Act section 197(c) 2

from a person apprehended under section 34, 71 or 195 3

of that Act that had not been dealt with under 4

section 199 of that Act before commencement day 5

must be dealt with under section 166 as if it had been 6

seized under section 159(2)(c). 7

669. Review of determination of capacity to vote 8

(1996 Act s. 203) 9

Any proceeding of the Mental Health Review Board in 10

respect of an application made under the 1996 Act 11

section 203 that had not been disposed of before 12

commencement day is discontinued. 13

670. Records of patients (1996 Act s. 204) 14

A record kept by an authorised hospital or other place 15

in accordance with the 1996 Act section 204 is taken to 16

be a record kept by a mental health service in 17

accordance with section 580. 18

671. Request for information about patient or person 19

detained (1996 Act s. 205) 20

If, immediately before commencement day, the Chief 21

Psychiatrist had received a request under the 1996 Act 22

section 205(1) but had not done anything in relation to 23

the request, the request is taken to be a request made 24

under section 533(1). 25

672. Inquiries (1996 Act Pt. 10 Div. 5) 26

Despite the repeal of the 1996 Act — 27

(a) the 1996 Act Part 10 Division 5 continues to 28

apply in relation to an inquiry that, immediately 29

before commencement day, had not been 30

completed and reported on to the Minister 31



s. 9

page 50

under the 1996 Act section 207 until the inquiry 1

is completed and reported on under that section; 2

and 3

(b) the person appointed under the 1996 Act 4

section 207 to conduct an inquiry to which 5

paragraph (a) applies continues to hold office 6

for the purpose of completing and reporting on 7

the inquiry; and 8

(c) the Minister must ensure that the person to 9

whom paragraph (b) applies receives such 10

assistance as that person reasonably requires for 11

the purpose of completing and reporting on the 12

inquiry. 13

673. Rectification of referrals and orders (1996 Act 14

s. 212) 15

Section 579 applies in relation to a referral or order that 16

could have been, but was not, rectified under the 17

1996 Act section 212 before commencement day. 18

Division 10 — Miscellaneous matters 19

674. Transitional regulations 20


publication day, for regulations made under 22

subsection (2), means the day on which those 23

regulations are published in the Gazette; 24

specified means specified or described in regulations 25

made under subsection (2); 26

transitional matter — 27

(a) means a matter that needs to be dealt with for 28

the purpose of effecting the transition from the 29

provisions of the written laws repealed by 30

Part 28 to the provisions of this Act; and 31



s. 9

page 51

(b) includes a saving or application matter. 1

(2) If there is no sufficient provision in this Part for 2

dealing with a transitional matter, the Governor may 3

make regulations prescribing matters — 4

(a) required to be prescribed for the purpose of 5

dealing with the transitional matter; or 6

(b) necessary or convenient to be prescribed for the 7

purpose of dealing with the transitional matter. 8

(3) Regulations made under subsection (2) may provide 9

that specified provisions of this Act — 10

(a) do not apply to or in relation to a specified 11

matter; or 12

(b) apply with specified modifications to or in 13

relation to a specified matter. 14

(4) If regulations made under subsection (2) provide that a 15

specified state of affairs is taken to have existed, or not 16

to have existed, on and from a day that is earlier than 17

the publication day for those regulations but not earlier 18

than commencement day, the regulations have effect 19

according to their terms. 20

(5) If regulations made under subsection (2) contain a 21

provision referred to in subsection (4), the provision 22

does not operate so as — 23

(a) to affect in a manner prejudicial to a person 24

other than the State or an authority of the State 25

the rights of that person existing before the 26

publication day for those regulations; or 27

(b) to impose liabilities on a person other than the 28

State or an authority of the State in respect of 29

an act done or omission made before the 30

publication day for those regulations. 31



s. 9

page 52

(6) Regulations can only be made under subsection (2) 1

within 12 months after commencement day. 2

675. Interpretation Act 1984 not affected 3

Except to the extent this Part or regulations made under 4

section 674(2) expressly provide differently, the 5

Interpretation Act 1984 applies in relation to the repeal 6

of the written laws referred to in Part 28. 7

8


Amendments to other Acts

Part 4

Criminal Law (Mentally Impaired Accused) Act 1996 amended

Division 1

s. 10

page 53

Part 4 — Amendments to other Acts 1

Division 1 — Criminal Law (Mentally Impaired Accused) 2

Act 1996 amended 3

10. Act amended 4

This Division amends the Criminal Law (Mentally Impaired 5

Accused) Act 1996. 6


(1) In section 3 delete the definitions of: 8

involuntary patient 9

psychiatrist 10

psychologist 11

(2) In section 3 insert in alphabetical order: 12

13

authorised hospital has the meaning given in the 14

Mental Health Act 2013 section 4; 15

involuntary inpatient has the meaning given in the 16


involuntary patient has the meaning given in the 18


mental illness has the meaning given in the Mental 20

Health Act 2013 section 4; 21

psychiatrist has the meaning given in the Mental 22


psychologist has the meaning given in the Mental 24


26


Part 4 Amendments to other Acts

Division 1 Criminal Law (Mentally Impaired Accused) Act 1996 amended

s. 12

page 54


(1) Delete section 5(2) and insert: 2

3

(2) The judicial officer may make a hospital order in 4

respect of the accused if the officer reasonably 5

suspects — 6

(a) that the accused has a mental illness for which 7

the accused is in need of treatment; and 8

(b) that, because of the mental illness, there is — 9

(i) a significant risk to the health or safety 10

of the accused or to the safety of another 11

person; or 12

(ii) a significant risk of serious harm to the 13

accused or to another person; 14

and 15

(c) that the accused does not have the capacity to 16

consent to treatment. 17

18

(2) In section 5(3)(a) delete “involuntary patient,” and insert: 19

20

involuntary inpatient, 21

22


24

(4) Subject to this section, a hospital order has effect as if 25

the accused had been referred under the Mental Health 26

Act 2013 section 26(2) for an examination by a 27

psychiatrist at an authorised hospital and that Act 28

applies accordingly. 29

30



Part 4

Criminal Law (Mentally Impaired Accused) Act 1996 amended

Division 1

s. 13

page 55

(4) In section 5(5) delete “involuntary patient.” and insert: 1

2


4


(1) In section 6(1) delete “Mental Health Act 1996” and insert: 6

7

Mental Health Act 2013 8

9

(2) In section 6(2) delete “Mental Health Act 1996 —” and insert: 10

11

Mental Health Act 2013 — 12

13

Note: The heading to amended section 6 is to read: 14

Relationship to Mental Health Act 2013 15


In section 23 delete the definitions of: 17


mental illness 19


Delete section 24(3)(b) and (c) and insert: 21

22

(b) that, because of the mental illness, there is — 23

(i) a significant risk to the health or safety 24

of the accused or to the safety of another 25

person; or 26

(ii) a significant risk of serious harm to the 27

accused or to another person; 28

and 29



Division 1 Criminal Law (Mentally Impaired Accused) Act 1996 amended

s. 16

page 56

(c) the accused does not have the capacity to 1

consent to treatment; and 2

3


(1) In section 25(2)(a) delete “involuntary patient” and insert: 5

6

involuntary inpatient 7

8

(2) Delete section 25(3)(a) and insert: 9

10

(a) if admitted to the authorised hospital as an 11

involuntary inpatient — is not entitled to be 12

released from the hospital under the Mental 13

Health Act 2013 Part 7 Division 4 or to be 14

granted leave of absence under Part 7 15

Division 6 of that Act; or 16

17


In section 31(1)(a) delete “having being given” and insert: 19

20

having been given 21

22


Delete section 32(1) and insert: 24

25

(1) The Mental Health Act 2013 Part 7 Divisions 5 and 6 26

do not apply in relation to the absence from an 27

authorised hospital of a mentally impaired accused. 28

29



Part 4

Guardianship and Administration Act 1990 amended

Division 2

s. 19

page 57

Division 2 — Guardianship and Administration Act 1990 1

amended 2

19. Act amended 3

This Division amends the Guardianship and Administration 4

Act 1990. 5


Delete section 3(2) and insert: 7

8

(2) A reference in a written law to the committee of the 9

person of a person is to be read as a reference to the 10

guardian of that person. 11

12

21. Section 110ZH amended 13

In section 110ZH in the definition of urgent treatment delete 14

“but does not include the sterilisation of the patient.” and insert: 15

16

but does not include — 17

(d) psychiatric treatment, which is treatment as 18

defined in the Mental Health Act 2013 19

section 4; or 20

(e) the sterilisation of the patient. 21

22

22. Schedule 5 Division 1 heading inserted 23

At the beginning of Schedule 5 insert: 24

25

Division 1 — Transitional matters for Guardianship and 26

Administration Act 1990 27

28



Division 2 Guardianship and Administration Act 1990 amended

s. 23

page 58

23. Schedule 5 clause 1A inserted 1

Before Schedule 5 clause 1 insert: 2

3

1A. Application of this Division 4

This Division does not apply in relation to the estate of a 5

person to whom Division 2 applies. 6

7

24. Schedule 5 Division 2 inserted 8

At the end of Schedule 5 insert: 9

10

Division 2 — Transitional matters in connection with Mental 11

Health Act 2013 12

7. Estates being managed by Public Trustee under 13

Division 1 14

(1) Subclause (2) applies to a person whose estate was, 15

immediately before the day on which the Mental Health 16

Legislation Amendment Act 2013 section 24 commences 17

(the prescribed day) — 18

(a) under the care and management of the Public 19

Trustee as provided by clause 1; or 20

(b) being managed by the Public Trustee as provided by 21

clause 2 or because of clause 5. 22

(2) The person is taken to be under an administration order 23

appointing the Public Trustee as the administrator of the 24

person’s estate. 25

(3) Despite any other provision of this Act or any provision of 26

the Public Trustee Act 1941, the Public Trustee has the same 27

functions, duties and powers in relation to the person’s 28

estate that the Public Trustee had immediately before the 29

prescribed day. 30



Part 4

Hospitals and Health Services Act 1927 amended Division 3

s. 25

page 59

(4) An administration order referred to in subclause (2) must be 1

reviewed under section 84 on or within 3 years after the 2

prescribed day. 3

(5) The Public Trustee must, on or as soon as practicable after 4

the prescribed day, give to the Public Advocate and the 5

State Administrative Tribunal a list of the persons to whom 6

subclause (2) applies. 7

8

Division 3 — Hospitals and Health Services Act 1927 amended 9

25. Act amended 10

This Division amends the Hospitals and Health Services 11

Act 1927. 12


(1) In section 2(1) insert in alphabetical order: 14

15

Chief Psychiatrist has the meaning given in the Mental 16


18

(2) Delete section 2(1a) and insert: 19

20

(1A) In the definition of hospital in subsection (1), illness 21

includes mental illness (as defined in the Mental 22

Health Act 2013 section 4) but this subsection does not 23

affect any requirement under that Act that a person be 24

detained at an authorised hospital (as defined in 25

section 4 of that Act) or at another place. 26

27


In section 4 delete “Mental Health Act 1996,” and insert: 29

30

Mental Health Act 2013, 31

32



Division 3 Hospitals and Health Services Act 1927 amended

s. 28

page 60

28. Section 26DA amended 1

(1) In section 26DA(2) delete “Mental Health Act 1996” and insert: 2

3


5

(2) After section 26DA(2) insert: 6

7

(3A) The CEO cannot endorse a licence unless the Chief 8

Psychiatrist recommends the endorsement. 9

10

29. Section 26FA amended 11

(1) In section 26FA(1)(b)(i) delete “Mental Health Act 1996; or” 12

and insert: 13

14

Mental Health Act 2013; or 15

16

(2) After section 26FA(1) insert: 17

18

(2A) The CEO must consult the Chief Psychiatrist before 19

deciding whether or not to cancel an endorsement. 20

21

30. Section 26P amended 22

In section 26P delete the definition of mental illness and insert: 23

24

mental illness has the meaning given in the Mental 25


27



Part 4

Other Acts amended Division 4

s. 31

page 61

31. Section 26Q amended 1

In section 26Q(2)(d)(ii) delete “Chief Psychiatrist referred to in 2

section 8 of the Mental Health Act 1996.” and insert: 3

4

Chief Psychiatrist. 5

6

Division 4 — Other Acts amended 7

Subdivision 1 — Anatomy Act 1930 amended 8

32. Act amended 9

This Subdivision amends the Anatomy Act 1930. 10


In section 8: 12

(a) delete “the inspector general of the insane,”; 13

(b) delete “hospitals for the insane.” and insert: 14

15

an authorised hospital as defined in the Mental Health 16

Act 2013 section 4. 17

18

Subdivision 2 — Bail Act 1982 amended 19

34. Act amended 20

This Subdivision amends the Bail Act 1982. 21

35. Schedule 1 Part D clause 2 amended 22

(1) In Schedule 1 Part D clause 2(3a): 23

(a) before “examined” (1st and 2

nd occurrences) insert: 24

25

assessed or 26

27



Division 4 Other Acts amended

s. 36

page 62

(b) delete paragraph (a) and insert: 1

2

(a) that the accused be assessed, either by a medical 3

practitioner or by an authorised mental health 4

practitioner as defined in the Mental Health 5

Act 2013 section 4, for the purpose of deciding 6

whether to make a referral under section 26 of that 7

Act; 8

9

(c) in paragraph (b) delete “Mental Health Act 1996);” and 10

insert: 11

12

Mental Health Act 2013 section 4); 13

14

(2) In Schedule 1 Part D clause 2(5) delete “counsel or examine” and 15

insert: 16

17

counsel, assess or examine 18

19

(3) In Schedule 1 Part D clause 2(7) delete the definition of 20

psychiatrist and insert: 21

22

psychiatrist has the meaning given in the Mental Health 23


25

Subdivision 3 — Carers Recognition Act 2004 amended 26

36. Act amended 27

This Subdivision amends the Carers Recognition Act 2004. 28



Part 4


s. 37

page 63


In section 5(1)(b) delete “Mental Health Act 1996 section 3; or” 2

and insert: 3

4

Mental Health Act 2013 section 4; or 5

6

Subdivision 4 — Constitution Acts Amendment Act 1899 amended 7

38. Act amended 8

This Subdivision amends the Constitution Acts Amendment 9

Act 1899. 10

39. Schedule V Part 1 Division 1 amended 11

In Schedule V Part 1 Division 1 delete the item relating to the 12

Mental Health Review Board and insert: 13

14

Member of the Mental Health Tribunal established by the Mental 15

Health Act 2013. 16

17

40. Schedule V Part 3 amended 18

In Schedule V Part 3 delete the item relating to the Council of 19

Official Visitors. 20

Subdivision 5 — Coroners Act 1996 amended 21

41. Act amended 22

This Subdivision amends the Coroners Act 1996. 23




s. 42

page 64


In section 3 in the definition of person held in care delete 2

paragraph (c) and insert: 3

4

(c) a person — 5

(i) who is an involuntary patient under the 6

Mental Health Act 2013; or 7

(ii) who is apprehended or detained under 8

that Act; or 9

(iii) who is absent without leave from a 10

hospital or other place under section 97 11

of that Act; 12

or 13

14

Subdivision 6 — Court Security and Custodial Services Act 1999 15

amended 16

43. Act amended 17

This Subdivision amends the Court Security and Custodial 18

Services Act 1999. 19


(1) In section 3 delete the definition of medical treatment and 21

insert: 22

23

medical treatment includes — 24

(a) psychiatric treatment, which is treatment as 25

defined in the Mental Health Act 2013 26

section 4; and 27

(b) dental treatment; 28

29



Part 4


s. 45

page 65

(2) In section 3 in the definition of person in custody delete 1

paragraph (b) and insert: 2

3

(b) a person who is detained under the Mental 4

Health Act 2013 unless the person has been 5

apprehended by a police officer — 6

(i) under section 99 of that Act pursuant to 7

an apprehension and return order made 8

under section 98 of that Act; or 9

(ii) under section 149 of that Act pursuant 10

to a transport order made under that 11

Act; or 12

(iii) under section 156 of that Act, 13

and is placed in a lock-up while arrangements 14

are being made by a police officer to take the 15

person to a place as required under that Act; 16

17


In section 4(2) delete “under an order made under section 34, 19

41, 71, 84 or 195 of the Mental Health Act 1996.” and insert: 20

21

by a police officer — 22

(a) under section 99 of the Mental Health Act 2013 23

pursuant to an apprehension and return order 24

made under section 98 of that Act; or 25

(b) under section 149 of that Act pursuant to a 26

transport order made under that Act; or 27

(c) under section 156 of that Act. 28

29




s. 46

page 66


In section 76 delete “under the Mental Health Act 1996.” and 2

insert: 3

4

as required under the Mental Health Act 2013. 5

6

Subdivision 7 — The Criminal Code amended 7

47. Act amended 8

This Subdivision amends The Criminal Code. 9


In section 149: 11

(a) in paragraph (a) delete “Mental Health Act 1996” and 12

insert: 13

14


16

(b) in paragraph (b)(ii) delete “Mental Health Act 1996” 17

and insert: 18

19

Mental Health Act 2013 section 97 20

21


In section 336 delete “Mental Health Act 1996)” and insert: 23

24

Mental Health Act 2013 section 4) 25

26



Part 4


s. 50

page 67


In section 337 delete “Mental Health Act 1996)” and insert: 2

3

Mental Health Act 2013 section 4) 4

5

Subdivision 8 — Criminal Investigation Act 2006 amended 6

51. Act amended 7

This Subdivision amends the Criminal Investigation Act 2006. 8


(1) Delete section 142(7)(a)(ii) and insert: 10

11

(ii) under the Mental Health Act 2013 12

section 157; 13

14

(2) Delete section 142(8)(c)(ii) and insert: 15

16

(ii) the Mental Health Act 2013 section 157; 17

or 18

19

Subdivision 9 — Cross-border Justice Act 2008 amended 20

53. Act amended 21

This Subdivision amends the Cross-border Justice Act 2008. 22


In section 95 in the definition of State authorised hospital 24

delete “Mental Health Act 1996 section 3;” and insert: 25

26


28




s. 55

page 68

Subdivision 10 — Dangerous Sexual Offenders Act 2006 amended 1

55. Act amended 2

This Subdivision amends the Dangerous Sexual Offenders 3

Act 2006. 4


In section 3(1) delete the definition of psychiatrist and insert: 6

7

psychiatrist has the meaning given in the Mental 8


10

Subdivision 11 — Electoral Act 1907 amended 11

57. Act amended 12

This Subdivision amends the Electoral Act 1907. 13


Delete section 40(1)(b)(i) and insert: 15

16

(i) who, from information supplied by the 17

Registrar of Births, Deaths and 18

Marriages, appear to be dead; or 19

(iia) who, from information supplied by the 20

chief executive officer (as defined in the 21

Prisons Act 1981 section 3(1)) appear to 22

be disqualified; or 23

24


Delete section 51A(4) and insert: 26

27

(4A) A person’s name is taken to have been removed from a 28

roll pursuant to this section if, immediately before the 29



Part 4


s. 60

page 69

day on which the Mental Health Legislation 1

Amendment Act 2013 Part 4 Division 4 Subdivision 11 2

commences, the person’s name did not appear on the 3

roll because it had been removed from the roll under 4

section 51AA(1a) of this Act as in force before that 5

day. 6

(4) The power of removal conferred on the Electoral 7

Commissioner by subsection (1) does not extend to a 8

person in respect of whom a guardianship or 9

administration order is in force under the Guardianship 10

and Administration Act 1990. 11

12

60. Section 51AA amended 13

(1) Delete section 51AA(1a). 14

(2) In section 51AA(2) delete “subsection (1), or a determination 15

referred to in subsection (1a),” and insert: 16

17

subsection (1) 18

19

Subdivision 12 — Gaming and Wagering Commission 20

Act 1987 amended 21

61. Act amended 22

This Subdivision amends the Gaming and Wagering 23

Commission Act 1987. 24


Delete section 12(11)(a). 26




s. 63

page 70

Subdivision 13 — Health and Disability Services (Complaints) 1

Act 1995 amended 2

63. Act amended 3

This Subdivision amends the Health and Disability Services 4

(Complaints) Act 1995. 5

64. Section 3A replaced 6

Delete section 3A and insert: 7

8

3A. Act to be read with other legislation about health 9

and disability complaints 10

This Act is to be read with the following — 11

(a) the Disability Services Act 1993 Part 6; 12

(b) the Mental Health Act 2013 Part 19 Divisions 3 13

and 4. 14

15

Subdivision 14 — Health Legislation Administration 16

Act 1984 amended 17

65. Act amended 18

This Subdivision amends the Health Legislation Administration 19

Act 1984. 20


In section 3 in the definition of prescribed officer delete 22

“section 6(1)(b), (c) or (d)” and insert: 23

24

section 6(1)(b) or (c) 25

26



Part 4


s. 67

page 71


(1) In section 6(1): 2

(a) in paragraph (c) delete “Services;” and insert: 3

4

Services, 5

6

(b) delete paragraph (d). 7


9

(4) A person cannot be appointed to hold or act in an office 10

referred to in subsection (1)(b) or (c) unless the person 11

is registered under the Health Practitioner Regulation 12

National Law (Western Australia) in the medical 13

profession. 14

15

Subdivision 15 — Juries Act 1957 amended 16

68. Act amended 17

This Subdivision amends the Juries Act 1957. 18


Delete section 5(3)(d)(i) and insert: 20

21

(i) an involuntary patient as defined in the 22


24

Subdivision 16 — Land Administration Act 1997 amended 25

70. Act amended 26

This Subdivision amends the Land Administration Act 1997. 27




s. 71

page 72


In section 21(2)(b) delete “is suffering from a mental disorder or 2

mental illness, or is an intellectually handicapped person, within 3

the meaning of the Mental Health Act 1962,” and insert: 4

5

has a mental disability as defined in the Guardianship and 6

Administration Act 1990 section 3(1), 7

8

Subdivision 17 — National Health Funding Pool Act 2012 amended 9

72. Act amended 10

This Subdivision amends the National Health Funding Pool 11

Act 2012. 12


In section 16(1)(b) delete “Mental Health Act 1996.” and insert: 14

15

Mental Health Act 2013. 16

17

Subdivision 18 — Parliamentary Commissioner Act 1971 amended 18

74. Act amended 19

This Subdivision amends the Parliamentary Commissioner 20

Act 1971. 21


In section 17A(4) delete “the Director, Psychiatric Services 23

appointed under section 6(1)(d) of the Health Legislation 24

Administration Act 1984” and insert: 25

26

the CEO as defined in the Health Legislation Administration 27

Act 1984 section 3 28

29



Part 4


s. 76

page 73

Subdivision 19 — Perth Theatre Trust Act 1979 amended 1

76. Act amended 2

This Subdivision amends the Perth Theatre Trust Act 1979. 3


Delete section 6(1)(e). 5

Subdivision 20 — Protective Custody Act 2000 amended 6

78. Act amended 7

This Subdivision amends the Protective Custody Act 2000. 8


In section 4(2) delete “section 195 of the Mental Health 10

Act 1996.” and insert: 11

12

the Mental Health Act 2013 section 156. 13

14


Delete section 10(2)(a) and insert: 16

17

(a) the apprehended person is referred under the 18

Mental Health Act 2013 section 26(2) or (3)(a) 19

for an examination by a psychiatrist at an 20

authorised hospital or another place; or 21

22

Subdivision 21 — Public Trustee Act 1941 amended 23

81. Act amended 24

This Subdivision amends the Public Trustee Act 1941. 25




s. 82

page 74


In section 12(8) delete “idiot, or lunatic, or of unsound mind or” 2

and insert: 3

4

has a mental disability as defined in the Guardianship and 5

Administration Act 1990 section 3(1) or is 6

7


In section 49(2) delete “clause 1(1) or (2) or 2(1) or (2)” and 9

insert: 10

11

clause 1(1) or (2) or 2(1) or (2) or 7(2) 12

13


In section 54(2) delete “any insane patient, insane person, or 15

represented person,” and insert: 16

17

a person who has a mental illness (as defined in the Mental 18

Health Act 2013 section 4) or represented person 19

20

Subdivision 22 — Spent Convictions Act 1988 amended 21

85. Act amended 22

This Subdivision amends the Spent Convictions Act 1988. 23



Part 4


s. 86

page 75

86. Schedule 3 clause 1 amended 1

In Schedule 3 clause 1(7) delete the Table and insert: 2

3

Table 4

1. A person who is employed in or seconded to, or who is being considered for employment in or secondment to, the

Department of Health or the Mental Health Commission under any of the following —

(a) the Health Act 1911;

(b) the Hospitals and Health Services Act 1927;

(c) the Mental Health Act 2013;

(d) the Alcohol and Drug Authority Act 1974.

2. A person who is placed, or who is being considered for placement, as a student undertaking a practicum or in an

unpaid capacity in the Department of Health or the Mental Health Commission.

5

Subdivision 23 — University Medical School, Teaching Hospitals, 6

Act 1955 amended 7

87. Act amended 8

This Subdivision amends the University Medical School, 9

Teaching Hospitals, Act 1955. 10


In section 5(2): 12

(a) delete paragraph (c) and insert: 13

14

(c) the Chief Psychiatrist (as defined in the Mental 15

Health Act 2013 section 4) or a person 16

nominated by the Chief Psychiatrist; and 17

18




s. 89

page 76

(b) in paragraph (d) delete “Mental Health Act 1996.” and 1

insert: 2

3

Mental Health Act 2013. 4

5

Subdivision 24 — Young Offenders Act 1994 amended 6

89. Act amended 7

This Subdivision amends the Young Offenders Act 1994. 8


In section 179(1) delete the definition of medical treatment and 10

insert: 11

12

medical treatment includes psychiatric treatment, 13

which is treatment as defined in the Mental Health 14


16

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