mental health legislation amendment bill 2013 (54-2)
TRANSCRIPT
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 Acts repealed 8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 Regulations repealed 8
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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
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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
624. Transport to authorised hospital (1996 Act s. 71) 29
625. Review by supervising psychiatrist (1996 Act s. 75) 29
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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
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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
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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
11. Section 3 amended 53
12. Section 5 amended 54
13. Section 6 amended 55
14. Section 23 amended 55
15. Section 24 amended 55
16. Section 25 amended 56
17. Section 31 amended 56
18. Section 32 amended 56
Division 2 — Guardianship and Administration
Act 1990 amended
19. Act amended 57
20. Section 3 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
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26. Section 2 amended 59
27. Section 4 amended 59
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
33. Section 8 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
37. Section 5 amended 63
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
42. Section 3 amended 64
Subdivision 6 — Court Security and Custodial
Services Act 1999 amended
43. Act amended 64
44. Section 3 amended 64
45. Section 4 amended 65
46. Section 76 amended 66
Subdivision 7 — The Criminal Code amended
47. Act amended 66
48. Section 149 amended 66
49. Section 336 amended 66
50. Section 337 amended 67
Subdivision 8 — Criminal Investigation Act 2006
amended
51. Act amended 67
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52. Section 142 amended 67
Subdivision 9 — Cross-border Justice Act 2008
amended
53. Act amended 67
54. Section 95 amended 67
Subdivision 10 — Dangerous Sexual Offenders
Act 2006 amended
55. Act amended 68
56. Section 3 amended 68
Subdivision 11 — Electoral Act 1907 amended
57. Act amended 68
58. Section 40 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
62. Section 12 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
66. Section 3 amended 70
67. Section 6 amended 71
Subdivision 15 — Juries Act 1957 amended
68. Act amended 71
69. Section 5 amended 71
Subdivision 16 — Land Administration Act 1997
amended
70. Act amended 71
71. Section 21 amended 72
Subdivision 17 — National Health Funding Pool
Act 2012 amended
72. Act amended 72
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73. Section 16 amended 72
Subdivision 18 — Parliamentary Commissioner
Act 1971 amended
74. Act amended 72
75. Section 17A amended 72
Subdivision 19 — Perth Theatre Trust Act 1979
amended
76. Act amended 73
77. Section 6 amended 73
Subdivision 20 — Protective Custody Act 2000
amended
78. Act amended 73
79. Section 4 amended 73
80. Section 10 amended 73
Subdivision 21 — Public Trustee Act 1941 amended
81. Act amended 73
82. Section 12 amended 74
83. Section 49 amended 74
84. Section 54 amended 74
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
88. Section 5 amended 75
Subdivision 24 — Young Offenders Act 1994
amended
89. Act amended 76
90. Section 179 amended 76
page 1
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Mental Health Legislation Amendment Bill 2013
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:
Mental Health Legislation Amendment Bill 2013
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 Legislation Amendment Bill 2013
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
Mental Health Legislation Amendment Bill 2013
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
5. Section 16 amended 10
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
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Mental Health Act 1996 amended
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
(1) In this section — 23
act includes an omission; 24
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
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Part 2 Mental Health Act 1996 amended
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(b) ending on the day before the day on which the 1
Mental Health Legislation Amendment 2
Act 2013 section 6 commences. 3
(2) Any act done, or purportedly done, at any time during 4
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
(1) In this section — 24
act includes an omission; 25
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
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Mental Health Act 1996 amended
Part 2
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(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
(2) Any act done, or purportedly done, at any time during 4
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
(4) Any act done, or purportedly done, at any time during 20
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
Mental Health Legislation Amendment Bill 2013
Part 3 Mental Health Act 2013 amended
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
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Mental Health Act 2013 amended Part 3
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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
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Part 3 Mental Health Act 2013 amended
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(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
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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
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Part 3 Mental Health Act 2013 amended
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(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
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Mental Health Act 2013 amended Part 3
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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
before commencement day. 30
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Part 3 Mental Health Act 2013 amended
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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
(3) A referral that was in force under the 1996 Act 11
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
(1) A referral that was in force under the 1996 Act 27
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
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(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
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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
(2) Despite sections 150 and 151 — 8
(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
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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
(2) Subject to this section, Part 6 Division 3 Subdivision 1 24
applies in relation to the voluntary inpatient. 25
(3) The voluntary inpatient is taken to be detained under 26
section 53(1)(a). 27
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(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
(1) This section applies if, immediately before 14
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
conducted in accordance with Part 6 Division 3 21
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
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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
(6) The period for which the person can be detained under 26
the order expires as specified in the order under the 27
1996 Act section 37(2). 28
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Subdivision 3 — Examination at place other than 1
authorised hospital 2
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
(2) Subject to this section, Part 6 Division 3 Subdivision 2 7
applies in relation to the person. 8
(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
(5) The period for which the person can be detained under 15
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
(1) This section applies if, immediately before 21
commencement day, a psychiatrist had completed an 22
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
conducted in accordance with Part 6 Division 3 28
Subdivision 6 for the purposes of section 60. 29
(3) The psychiatrist can make an order under 30
section 61(1)(c) on the basis of the examination, but 31
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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
immediately before commencement day. 11
(2) The order referred to in subsection (1)(b) is taken to be 12
an order made under section 61(1)(c). 13
(3) Subject to this section, Part 6 Division 3 Subdivision 4 14
applies in relation to the person. 15
(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
(6) The period for which the person can be detained under 23
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
(1) This section applies if, immediately before 29
commencement day, a psychiatrist had completed an 30
assessment conducted because of an order made under 31
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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
conducted in accordance with Part 6 Division 3 4
Subdivision 6 for the purposes of section 71. 5
(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
the 1996 Act section 40(1). 10
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 72(1)(a). 17
(2) The person who is under the order is taken to be an 18
involuntary inpatient. 19
(3) A community treatment order made under the 1996 Act 20
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
(4) The person who is under the community treatment 25
order is taken to be an involuntary community patient. 26
610. Transport to authorised hospital (1996 Act s. 41) 27
(1) A transport order made under the 1996 Act 28
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
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immediately before commencement day is taken to be 1
a transport order made under section 63(1). 2
(2) Despite sections 150 and 152 — 3
(a) the period for which the transport order can 4
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
(b) the transport order cannot be extended. 8
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
immediately before commencement day is taken to be 14
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
(1) This section applies if, immediately before 25
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
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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
order had been in force under the 1996 Act for 23
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
order had been in force under the 1996 Act for 31
3 months or less, on the earlier of — 32
(i) the day specified in the order; and 33
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(ii) the day that is 2 months after 1
commencement day. 2
(3) A community treatment order made under the 1996 Act 3
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
immediately before commencement day is taken to be 6
a community treatment order made under 7
section 89(2)(b). 8
(4) The person who is under the community treatment 9
order is taken to be an involuntary community patient. 10
615. Order made at any time (1996 Act s. 52) 11
(1) A community treatment order made under the 1996 Act 12
section 52(b) that was in force immediately before 13
commencement day is taken to be a community 14
treatment order made under section 90(1)(a). 15
(2) The person who is under the community treatment 16
order is taken to be an involuntary community patient. 17
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
(1) This section applies if, immediately before 25
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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(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
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authorised hospital on leave of absence immediately 1
before commencement day. 2
(3) A community treatment order made under the 1996 Act 3
section 62(2)(b) that was in force immediately before 4
commencement day is taken to be a community 5
treatment order made under section 90(1)(a). 6
(4) The person who is under the community treatment 7
order is taken to be an involuntary community patient. 8
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
(3) A community treatment order made under the 1996 Act 24
section 63(2)(b) that was in force immediately before 25
commencement day is taken to be a community 26
treatment order made under section 90(1)(a). 27
(4) The person who is under the community treatment 28
order is taken to be an involuntary community patient. 29
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Subdivision 6 — Treatment of involuntary patient in 1
community 2
621. Community treatment order made under general 3
power (1996 Act s. 67) 4
(1) A community treatment order made under the 1996 Act 5
section 67(1) that was in force immediately before 6
commencement day is taken to be a community 7
treatment order made under section 75(1). 8
(2) The person who is under the community treatment 9
order is taken to be an involuntary community patient. 10
622. Confirmation of community treatment order 11
(1996 Act s. 69) 12
(1) This section applies if, immediately before 13
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
treatment order made under section 123(1)(a). 28
(2) The person who is under the order is taken to be an 29
involuntary inpatient. 30
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624. Transport to authorised hospital (1996 Act s. 71) 1
(1) A transport order made under the 1996 Act 2
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
(2) Despite sections 150 and 152 — 8
(a) the period for which the transport order can 9
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
(b) the transport order cannot be extended. 13
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
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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
(2) If, immediately before commencement day, the 22
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
(3) If, immediately before commencement day, the 30
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
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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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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
was in force immediately before commencement day is 20
taken to be a transport order made under 21
section 129(2). 22
(2) Despite sections 150 and 152 — 23
(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
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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
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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
(3) If, immediately before commencement day, a patient 25
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
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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
(2) If, immediately before commencement day, the Chief 21
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
(3) If, immediately before commencement day, the Chief 26
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
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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
immediately before commencement day is taken to be 13
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
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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
(1) In this section — 16
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
(a) if, immediately before commencement day, the 29
initial order had been in force under the 1996 30
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Act for not more than 7 days — the period of 1
35 days from commencement day; or 2
(b) if, immediately before commencement day, the 3
initial order had been in force under the 1996 4
Act for more than 7 days but not more than 5
21 days — the period of 28 days from 6
commencement day; or 7
(c) if, immediately before commencement day, the 8
initial order had been in force under the 1996 9
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
(a) if, immediately before commencement day, the 15
initial order had been in force under the 1996 16
Act for not more than 7 days — the period of 17
21 days from commencement day; or 18
(b) if, immediately before commencement day, the 19
initial order had been in force under the 1996 20
Act for more than 7 days but not more than 21
21 days — the period of 14 days from 22
commencement day; or 23
(c) if, immediately before commencement day, the 24
initial order had been in force under the 1996 25
Act for more than 21 days — the period of 26
5 days from commencement day. 27
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
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(2) In this section — 1
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
14 days from commencement day. 33
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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
immediately before commencement day. 12
(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
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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
(1) This section applies if, immediately before 9
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
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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
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(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
(2) If, immediately before commencement day, a patient 26
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
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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
was in force immediately before commencement day is 11
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
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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
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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
section 359(1)(a). 9
(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
(1) This section applies if, immediately before 16
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
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(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
the 1996 Act section 192(4). 33
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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
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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
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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
(1) In this section — 21
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
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(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
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(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
Mental Health Legislation Amendment Bill 2013
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
11. Section 3 amended 7
(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
Mental Health Act 2013 section 4; 17
involuntary patient has the meaning given in the 18
Mental Health Act 2013 section 4; 19
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
Health Act 2013 section 4; 23
psychologist has the meaning given in the Mental 24
Health Act 2013 section 4; 25
26
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 1 Criminal Law (Mentally Impaired Accused) Act 1996 amended
s. 12
page 54
12. Section 5 amended 1
(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
(3) Delete section 5(4) and insert: 23
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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
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
involuntary inpatient. 3
4
13. Section 6 amended 5
(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
14. Section 23 amended 16
In section 23 delete the definitions of: 17
authorised hospital 18
mental illness 19
15. Section 24 amended 20
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
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
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
16. Section 25 amended 4
(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
17. Section 31 amended 18
In section 31(1)(a) delete “having being given” and insert: 19
20
having been given 21
22
18. Section 32 amended 23
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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
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
20. Section 3 amended 6
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
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
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
26. Section 2 amended 13
(1) In section 2(1) insert in alphabetical order: 14
15
Chief Psychiatrist has the meaning given in the Mental 16
Health Act 2013 section 4; 17
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
27. Section 4 amended 28
In section 4 delete “Mental Health Act 1996,” and insert: 29
30
Mental Health Act 2013, 31
32
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
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
Mental Health Act 2013 4
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
Health Act 2013 section 4; 26
27
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
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
33. Section 8 amended 11
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
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
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
Act 2013 section 4. 24
25
Subdivision 3 — Carers Recognition Act 2004 amended 26
36. Act amended 27
This Subdivision amends the Carers Recognition Act 2004. 28
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
Part 4
Other Acts amended Division 4
s. 37
page 63
37. Section 5 amended 1
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
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 4 Other Acts amended
s. 42
page 64
42. Section 3 amended 1
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
44. Section 3 amended 20
(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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
Part 4
Other Acts amended Division 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
45. Section 4 amended 18
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
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 4 Other Acts amended
s. 46
page 66
46. Section 76 amended 1
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
48. Section 149 amended 10
In section 149: 11
(a) in paragraph (a) delete “Mental Health Act 1996” and 12
insert: 13
14
Mental Health Act 2013 15
16
(b) in paragraph (b)(ii) delete “Mental Health Act 1996” 17
and insert: 18
19
Mental Health Act 2013 section 97 20
21
49. Section 336 amended 22
In section 336 delete “Mental Health Act 1996)” and insert: 23
24
Mental Health Act 2013 section 4) 25
26
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
Part 4
Other Acts amended Division 4
s. 50
page 67
50. Section 337 amended 1
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
52. Section 142 amended 9
(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
54. Section 95 amended 23
In section 95 in the definition of State authorised hospital 24
delete “Mental Health Act 1996 section 3;” and insert: 25
26
Mental Health Act 2013 section 4; 27
28
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 4 Other Acts amended
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
56. Section 3 amended 5
In section 3(1) delete the definition of psychiatrist and insert: 6
7
psychiatrist has the meaning given in the Mental 8
Health Act 2013 section 4; 9
10
Subdivision 11 — Electoral Act 1907 amended 11
57. Act amended 12
This Subdivision amends the Electoral Act 1907. 13
58. Section 40 amended 14
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
59. Section 51A amended 25
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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
Part 4
Other Acts amended Division 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
62. Section 12 amended 25
Delete section 12(11)(a). 26
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 4 Other Acts amended
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
66. Section 3 amended 21
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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
Part 4
Other Acts amended Division 4
s. 67
page 71
67. Section 6 amended 1
(1) In section 6(1): 2
(a) in paragraph (c) delete “Services;” and insert: 3
4
Services, 5
6
(b) delete paragraph (d). 7
(2) Delete section 6(4) and insert: 8
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
69. Section 5 amended 19
Delete section 5(3)(d)(i) and insert: 20
21
(i) an involuntary patient as defined in the 22
Mental Health Act 2013 section 4; 23
24
Subdivision 16 — Land Administration Act 1997 amended 25
70. Act amended 26
This Subdivision amends the Land Administration Act 1997. 27
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 4 Other Acts amended
s. 71
page 72
71. Section 21 amended 1
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
73. Section 16 amended 13
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
75. Section 17A amended 22
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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
Part 4
Other Acts amended Division 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
77. Section 6 amended 4
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
79. Section 4 amended 9
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
80. Section 10 amended 15
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
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 4 Other Acts amended
s. 82
page 74
82. Section 12 amended 1
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
83. Section 49 amended 8
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
84. Section 54 amended 14
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
Mental Health Legislation Amendment Bill 2013
Amendments to other Acts
Part 4
Other Acts amended Division 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
88. Section 5 amended 11
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
Mental Health Legislation Amendment Bill 2013
Part 4 Amendments to other Acts
Division 4 Other Acts amended
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
90. Section 179 amended 9
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
Act 2013 section 4. 15
16