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This is a Bill, not an Act. For current law, see the Acts databases.
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 Acts repealed 8 587. Regulations repealed 8 54--2 page i Mental Health Legislation Amendment Bill 2013 Contents Part 29 -- Transitional matters for Mental Health Act 2013 Division 1 -- Preliminary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 page ii Mental Health Legislation Amendment Bill 2013 Contents 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 page iii Mental Health Legislation Amendment Bill 2013 Contents 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 page iv Mental Health Legislation Amendment Bill 2013 Contents 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 page v Mental Health Legislation Amendment Bill 2013 Contents 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 page vi Mental Health Legislation Amendment Bill 2013 Contents 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 page vii Mental Health Legislation Amendment Bill 2013 Contents 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 page viii Mental Health Legislation Amendment Bill 2013 Contents 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 ix Western Australia LEGISLATIVE ASSEMBLY (As amended during consideration in detail) Mental Health Legislation Amendment Bill 2013 A Bill for An Act -- 1 • to amend the Mental Health Act 1996 to address certain matters 2 relating to the Chief Psychiatrist's powers pending the 3 commencement of the Mental Health Act 2013; and 4 • to amend the Mental Health Act 2013 by inserting Parts 28 and 29 5 for the purposes of repealing the Mental Health Act 1996, the 6 Mental Health (Consequential Provisions) Act 1996 and certain 7 subsidiary legislation made under those Acts and making certain 8 transitional arrangements; and 9 • to amend the Criminal Law (Mentally Impaired Accused) Act 1996, 10 the Guardianship and Administration Act 1990, the Hospitals and 11 Health Services Act 1927 and certain other Acts. The Parliament of Western Australia enacts as follows: page 1 Mental Health Legislation Amendment Bill 2013 Part 1 Preliminary matters s. 1 1 Part 1 -- Preliminary matters 2 1. Short title 3 This is the Mental Health Legislation Amendment Act 2013. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) Parts 1 and 2 -- on the day on which this Act receives 7 the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Mental Health Legislation Amendment Bill 2013 Mental Health Act 1996 amended Part 2 s. 3 1 Part 2 -- Mental Health Act 1996 amended 2 3. Act amended 3 This Part amends the Mental Health Act 1996. 4 4. Section 16A inserted 5 After section 15 insert: 6 7 16A. Acting Chief Psychiatrist 8 (1) The CEO may appoint a psychiatrist to act in the office 9 of the Chief Psychiatrist referred to in section 8 -- 10 (a) during a vacancy in the office, whether or not 11 an appointment has previously been made to 12 the office; or 13 (b) during a period, or during all periods, when the 14 person holding the office or a person acting in 15 the office under an appointment under this 16 subsection is on leave or is otherwise unable to 17 perform the functions of the office. 18 (2) An appointment under subsection (1) may be expressed 19 to have effect only in the circumstances specified in the 20 instrument of appointment. 21 (3) The CEO may -- 22 (a) determine the terms and conditions of an 23 appointment under subsection (1), including as 24 to remuneration; and 25 (b) terminate an appointment under subsection (1) 26 at any time. 27 (4) The validity of anything done by or in relation to a 28 person purporting to act under an appointment under 29 subsection (1) is not to be called into question on any 30 of these grounds -- 31 (a) the occasion for the appointment had not arisen; page 3 Mental Health Legislation Amendment Bill 2013 Part 2 Mental Health Act 1996 amended s. 5 1 (b) there is a defect or irregularity in the 2 appointment; 3 (c) the appointment had ceased to have effect; 4 (d) the occasion for the person to act had not arisen 5 or had ceased. 6 (5) A person cannot act under an appointment under 7 subsection (1) for a continuous period exceeding 8 12 months. 9 10 5. Section 16 amended 11 In section 16 delete "psychiatrist in the department," and insert: 12 13 psychiatrist, 14 15 6. Section 17 inserted 16 At the end of Part 2 Division 2 insert: 17 18 17. Application of Health Legislation Administration 19 Act 1984 section 9 20 For the purposes of the Health Legislation 21 Administration Act 1984 section 9, this Act is an Act to 22 which the Health Legislation Administration Act 1984 23 applies. 24 page 4 Mental Health Legislation Amendment Bill 2013 Mental Health Act 1996 amended Part 2 s. 7 1 7. Sections 217 to 219 inserted 2 At the end of Part 10 Division 6 insert: 3 4 217. Validation of acts and omissions of psychiatrists 5 acting as Chief Psychiatrist 6 (1) In this section -- 7 act includes an omission; 8 validation period means the period -- 9 (a) beginning on 13 November 1997; and 10 (b) ending on the day before the day on which the 11 Mental Health Legislation Amendment 12 Act 2013 section 4 commences. 13 (2) Any act done, or purportedly done, at any time during 14 the validation period by or in relation to a psychiatrist 15 appointed, or purportedly appointed, to act temporarily 16 in the office of the Chief Psychiatrist referred to in 17 section 8 is, and is taken always to have been, as valid 18 as the act would have been if the psychiatrist had been 19 appointed under section 16A to act temporarily in that 20 office when the act was done or purportedly done. 21 218. Validations relating to certain delegations made 22 under Health Legislation Administration Act 1984 23 (1) In this section -- 24 act includes an omission; 25 mental health delegation means an instrument 26 delegating, or purporting to delegate, a power or duty 27 under the Mental Health Act 1996; 28 validation period means the period -- 29 (a) beginning on 23 September 2008; and page 5 Mental Health Legislation Amendment Bill 2013 Part 2 Mental Health Act 1996 amended s. 7 1 (b) ending on the day before the day on which the 2 Mental Health Legislation Amendment 3 Act 2013 section 6 commences. 4 (2) Any act done, or purportedly done, at any time during 5 the validation period by or in relation to a delegate 6 acting, or purportedly acting, under a mental health 7 delegation made under the Health Legislation 8 Administration Act 1984 section 9 before 9 23 September 2008 is, and is taken always to have 10 been, as valid as the act would have been if the 11 amendments effected by the Mental Health Legislation 12 Amendment Act 2013 section 6 had been in force when 13 the act was done or purportedly done. 14 (3) A mental health delegation made, or purportedly made, 15 under the Health Legislation Administration Act 1984 16 section 9 at any time during the validation period is, 17 and is taken always to have been, as validly made as 18 the delegation would have been if the amendments 19 effected by the Mental Health Legislation Amendment 20 Act 2013 section 6 had been in force when the 21 delegation was made or purportedly made. 22 219. Validation of certain acts and omissions of medical 23 practitioners 24 (1) In this section -- 25 act includes an omission; 26 medical practitioner means an individual who was a 27 medical practitioner (as defined from time to time in 28 section 3) at any time during the relevant validation 29 period; 30 validation period -- 31 (a) in subsection (2), means the period -- 32 (i) beginning on 13 November 1997; and 33 (ii) ending on 25 October 2013; page 6 Mental Health Legislation Amendment Bill 2013 Mental Health Act 1996 amended Part 2 s. 7 1 (b) in subsections (3) and (4), means the period -- 2 (i) beginning on 13 November 1997; and 3 (ii) ending on 19 July 2013. 4 (2) Any act done, or purportedly done, at any time during 5 the validation period by a medical practitioner for the 6 purpose of confirming a community treatment order 7 under section 69(1)(b) is, and is taken always to have 8 been, as valid as the act would have been if the medical 9 practitioner had been authorised under section 69(3)(a) 10 for the purposes of section 69 when the act was done or 11 purportedly done. 12 (3) A request made, or purportedly made, under 13 section 77(1) at any time during the validation period 14 is, and is taken always to have been, as valid as the 15 request would have been if the medical practitioner of 16 whom the request was made or purportedly made had 17 been designated under section 18(1)(a) as an authorised 18 medical practitioner for the purposes of section 77 19 when the request was made or purportedly made. 20 (4) Any act done, or purportedly done, at any time during 21 or after the validation period by a medical practitioner 22 for the purpose of complying with a request to which 23 subsection (3) applies is, and is taken always to have 24 been, as valid as the act would have been if the medical 25 practitioner had been designated under section 18(1)(a) 26 as an authorised medical practitioner for the purposes 27 of section 77 when the act was done or purportedly 28 done. 29 30 Note: The heading to section 216 is to read: 31 Validation of certain acts and omissions of psychiatrists page 7 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 8 1 Part 3 -- Mental Health Act 2013 amended 2 8. Act amended 3 This Part amends the Mental Health Act 2013. 4 9. Parts 28 and 29 inserted 5 After Part 27 insert: 6 7 Part 28 -- Repeals 8 586. Acts repealed 9 These Acts are repealed: 10 (a) the Mental Health Act 1996; 11 (b) the Mental Health (Consequential Provisions) 12 Act 1996. 13 587. Regulations repealed 14 These regulations are repealed: 15 (a) the Mental Health Regulations 1997; 16 (b) the Mental Health (Transitional) 17 Regulations 1997. 18 Part 29 -- Transitional matters for Mental 19 Health Act 2013 20 Division 1 -- Preliminary matters 21 588. Terms used 22 In this Part -- 23 1996 Act means the Mental Health Act 1996 repealed 24 by section 586; page 8 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 commencement day means the day on which Part 28 2 comes into operation; 3 continued community treatment order -- 4 (a) means a community treatment order to which 5 section 604(3), 609(3), 614(3), 615(1), 619(3), 6 620(3) or 621(1) applies; and 7 (b) includes a community treatment order referred 8 to in paragraph (a) as extended by an extension 9 to which section 626(1) applies or as varied by 10 a variation to which section 628(1), (2) or (3) 11 applies; 12 continued inpatient treatment order means -- 13 (a) an order that a person be admitted to, and 14 detained at, an authorised hospital to which 15 section 604(1), 609(1) or 623(1) applies; or 16 (b) an order that a person continue to be detained at 17 an authorised hospital to which section 614(1) 18 applies; 19 continued involuntary treatment order means -- 20 (a) a continued community treatment order; or 21 (b) a continued inpatient treatment order. 22 Division 2 -- Administrative provisions 23 Subdivision 1 -- Chief Psychiatrist 24 589. First Chief Psychiatrist (1996 Act s. 8) 25 (1) The person who, immediately before commencement 26 day, held under the Public Sector Management 27 Act 1994 Part 3 the office of the Chief Psychiatrist 28 referred to in the 1996 Act section 8 is taken to be 29 appointed under section 506(1) as the Chief 30 Psychiatrist. page 9 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 (2) The person holds office for the period, beginning on 2 commencement day, that is equal to the balance of the 3 person's term of office that remained under the Public 4 Sector Management Act 1994 Part 3 immediately 5 before commencement day. 6 (3) Except as otherwise agreed by the person, the operation 7 of subsection (1) does not -- 8 (a) affect the person's pay, as that term is defined 9 in the Public Sector Management 10 (Redeployment and Redundancy) 11 Regulations 1994 regulation 3(1); or 12 (b) affect the person's existing or accruing rights in 13 respect of annual leave, long service leave, sick 14 leave or any other leave; or 15 (c) affect any rights under a superannuation 16 scheme. 17 (4) If the person ceases to be the Chief Psychiatrist and 18 becomes a public service officer, the person's service 19 as the Chief Psychiatrist is to be regarded as service in 20 the Public Service for the purposes of determining the 21 person's rights as a public service officer and, if 22 applicable, for the purposes of the Superannuation and 23 Family Benefits Act 1938. 24 590. Review of psychiatrists' decisions about involuntary 25 patients (1996 Act s. 12) 26 (1) An instruction that was in force under the 1996 Act 27 section 12(2) immediately before commencement day 28 is taken to be a direction given under section 518(4)(b), 29 but a psychiatrist who does not comply with an 30 instruction to which this subsection applies does not 31 commit an offence under section 518(5). 32 (2) A review under the 1996 Act section 12(1) that was 33 started but not completed before commencement day page 10 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 must be dealt with as if the 1996 Act section 12 were 2 still in force, but an instruction given under the 1996 3 Act section 12(2) as a result of the review is taken to be 4 a direction given under section 518(4)(b). 5 591. Inspections of relevant premises (1996 Act s. 13) 6 (1) Any information obtained by the Chief Psychiatrist in 7 the course of a visit to the premises of a psychiatric 8 health service under the 1996 Act section 13(2) 9 (whether or not the visit was completed before 10 commencement day) is taken to be information 11 obtained by the Chief Psychiatrist in the course of a 12 visit to a mental health service under section 519(1). 13 (2) A visit to the premises of a psychiatric health service 14 by the Chief Psychiatrist under the 1996 Act 15 section 13(2) that was started but not completed before 16 commencement day can be completed by the Chief 17 Psychiatrist under section 519(1) as a visit to a mental 18 health service. 19 592. Records of Chief Psychiatrist 20 The records of the office of the Chief Psychiatrist 21 referred to in the 1996 Act section 8 are taken to be the 22 records of the office of the Chief Psychiatrist referred 23 to in section 506(1). 24 Subdivision 2 -- Authorised practitioners 25 593. Authorised mental health practitioners (1996 Act 26 s. 20) 27 (1) This section applies in relation to a person -- 28 (a) in respect of whom an order under the 1996 Act 29 section 20 was in force immediately before 30 commencement day; and page 11 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 (b) who is a mental health practitioner as defined in 2 section 4. 3 (2) The person is taken to be an authorised mental health 4 practitioner as defined in section 4 -- 5 (a) who is designated as such by the order to which 6 subsection (3) applies; and 7 (b) who, in performing the functions of an 8 authorised mental health practitioner, is subject 9 to the limits to which subsection (3) applies. 10 (3) The order referred to in subsection (1)(a) is taken to be 11 an order made under section 537 specifying as the 12 limits within which the functions of an authorised 13 mental health practitioner can be performed by the 14 person the limits that were specified under the 1996 15 Act section 20 immediately before commencement day 16 as the limits within which the person could have 17 performed the functions of an authorised mental health 18 practitioner under that Act. 19 Subdivision 3 -- Authorised hospitals 20 594. Authorisation of public hospitals (1996 Act s. 21) 21 (1) This section applies in relation to a public hospital, or 22 part of a public hospital, in respect of which an order 23 under the 1996 Act section 21 was in force 24 immediately before commencement day. 25 (2) The hospital or part of the hospital is taken to be an 26 authorised hospital as defined in section 4 that is 27 authorised by the order to which subsection (3) applies. 28 (3) The order referred to in subsection (1) is taken to be an 29 order made under section 540. page 12 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 Subdivision 4 -- Registrar and staff of Mental Health 2 Review Board 3 595. Registrar (1996 Act s. 22(a)) 4 (1) This section applies to the person who, immediately 5 before commencement day, held for the purposes of the 6 1996 Act section 22(a) an appointment under the 7 Public Sector Management Act 1994 Part 3 as 8 Registrar of the Mental Health Review Board. 9 (2) For the purposes of section 481, the person is taken to 10 be appointed under the Public Sector Management 11 Act 1994 Part 3 as the registrar of the Mental Health 12 Tribunal on the terms and conditions that were 13 applicable to the appointment referred to in 14 subsection (1) immediately before commencement day. 15 596. Other staff (1996 Act s. 22(b)) 16 (1) This section applies to a person who, immediately 17 before commencement day, held for the purposes of the 18 1996 Act section 22(b) an appointment under the 19 Public Sector Management Act 1994 Part 3 as an 20 officer to assist with the performance of the functions 21 of the Registrar of the Mental Health Review Board 22 under the 1996 Act. 23 (2) For the purposes of section 484, the person is taken to 24 be appointed under the Public Sector Management 25 Act 1994 Part 3 as an officer to assist the registrar of 26 the Mental Health Tribunal in performing his or her 27 functions under this Act or another written law on the 28 terms and conditions that were applicable to the 29 appointment referred to in subsection (1) immediately 30 before commencement day. page 13 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 Division 3 -- Involuntary patients 2 Subdivision 1 -- Referral for examination 3 597. Referral for examination of person (1996 Act s. 29) 4 (1) A referral that was in force under the 1996 Act 5 section 29(1) and (2)(a) immediately before 6 commencement day is taken to be a referral made 7 under section 26(2) for an examination to be conducted 8 by a psychiatrist at an authorised hospital. 9 (2) The person who is under the referral is taken to be a 10 person who is referred under section 26(2). 11 (3) A referral that was in force under the 1996 Act 12 section 29(1) and (2)(b) immediately before 13 commencement day is taken to be a referral made 14 under section 26(3)(a) for an examination to be 15 conducted by a psychiatrist at a place that is not an 16 authorised hospital. 17 (4) The person who is under the referral is taken to be a 18 person who is referred under section 26(3)(a). 19 (5) Despite sections 44 and 45 -- 20 (a) the period for which a referral to which this 21 section applies can remain in force expires 22 7 days after the day on which it was made 23 under the 1996 Act section 29(1); and 24 (b) the referral cannot be extended. 25 598. Referral for examination of voluntary inpatient 26 (1996 Act s. 30) 27 (1) A referral that was in force under the 1996 Act 28 section 29(1), as applied by section 30(1) of that Act, 29 immediately before commencement day is taken to be 30 a referral made under section 36(2). page 14 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 (2) The voluntary inpatient who is under the referral is 2 taken to be a person who is referred under 3 section 36(2). 4 (3) An order made under the 1996 Act section 30(3) that 5 was in force immediately before commencement day is 6 taken to be an order made under section 34(1). 7 (4) The voluntary inpatient who is under the order is taken 8 to be detained at the authorised hospital under the 9 order. 10 (5) The period for which the voluntary inpatient who is 11 under the order can be detained under the order expires 12 6 hours after the time when the order was made under 13 the 1996 Act section 30(3). 14 599. Personal examination for referral (1996 Act s. 31 15 and 32) 16 (1) This section applies if, immediately before 17 commencement day, a medical practitioner or 18 authorised mental health practitioner had completed an 19 examination in accordance with the 1996 Act 20 section 31 but had not done anything under section 29 21 of that Act, or under section 29 of that Act as applied 22 by section 30(1) of that Act, as a result of the 23 examination. 24 (2) The examination is taken to be an assessment 25 conducted in accordance with Part 6 Division 2 26 Subdivision 4 for the purposes of Part 6 Division 2 27 Subdivision 3. 28 (3) The medical practitioner or authorised mental health 29 practitioner can make a referral under section 26(2) or 30 (3)(a) or 36(2) on the basis of the examination, but the 31 referral cannot be made more than 48 hours after the 32 time when the examination was completed under the 33 1996 Act section 31. page 15 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 600. Transport to authorised hospital or other place 2 (1996 Act s. 34) 3 (1) A transport order made under the 1996 Act 4 section 34(1) in respect of a person who is under a 5 referral to which section 597(1) or (3) applies that was 6 in force immediately before commencement day is 7 taken to be a transport order made under section 29(1). 8 (2) Despite sections 150 and 151 -- 9 (a) the period for which the transport order can 10 remain in force expires when the first of these 11 things occurs -- 12 (i) the relevant period under subsection (3) 13 ends; or 14 (ii) the period of 7 days after the day on 15 which the referral was made under the 16 1996 Act section 29(1) ends; 17 and 18 (b) the transport order cannot be extended. 19 (3) For subsection (2)(a)(i), the relevant period is -- 20 (a) if the person is under a referral to which 21 section 597(1) applies -- 72 hours after the 22 transport order was made under the 1996 Act 23 section 34(1); or 24 (b) if the person is under a referral to which 25 section 597(3) applies -- 24 hours after the 26 transport order was made under the 1996 Act 27 section 34(1). page 16 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 Subdivision 2 -- Examination at authorised hospital 2 601. Detention of person who is referred at authorised 3 hospital (1996 Act s. 36) 4 (1) This section applies in relation to a person who is 5 under a referral to which section 597(1) applies. 6 (2) Subject to this section, Part 6 Division 3 Subdivision 1 7 applies in relation to the person. 8 (3) The person cannot be received into the authorised 9 hospital on or after commencement day if the referral 10 has expired because of section 597(5)(a). 11 (4) If the person was detained at the authorised hospital 12 under the 1996 Act section 36(1)(b) immediately 13 before commencement day, the person is taken to be 14 detained at the authorised hospital under 15 section 52(1)(b). 16 (5) The period for which the person can be detained under 17 section 52(1)(b) expires 24 hours after the time when 18 the person was received into the authorised hospital 19 under the 1996 Act section 36(1)(a). 20 602. Detention of voluntary inpatient admitted to 21 authorised hospital 22 (1) This section applies in relation to a voluntary inpatient 23 who is under a referral to which section 598(1) applies. 24 (2) Subject to this section, Part 6 Division 3 Subdivision 1 25 applies in relation to the voluntary inpatient. 26 (3) The voluntary inpatient is taken to be detained under 27 section 53(1)(a). page 17 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 (4) The period for which the voluntary inpatient can be 2 detained under section 53(1)(a) expires at -- 3 (a) if an order to which section 598(3) applies is in 4 force in respect of the voluntary inpatient -- 5 the end of 24 hours after the time at which the 6 order was made under the 1996 Act 7 section 30(3); or 8 (b) otherwise -- the end of 24 hours after the time 9 at which the referral was made under the 1996 10 Act section 29(1) as applied by section 30(1) of 11 that Act. 12 603. Examination of person who is referred (1996 Act 13 s. 37 including as applied by s. 30(5)) 14 (1) This section applies if, immediately before 15 commencement day, a psychiatrist had completed an 16 examination for the purposes of the 1996 Act 17 section 37, or that section as applied by section 30(5) 18 of that Act, but had not done anything under that 19 section as a result of the examination. 20 (2) The examination is taken to be an examination 21 conducted in accordance with Part 6 Division 3 22 Subdivision 6 for the purposes of section 54. 23 (3) If the psychiatrist makes an order under 24 section 55(1)(c), for the purposes of section 55(3), the 25 maximum period that the person who is under the order 26 can be detained under the order expires at -- 27 (a) if the person is under a referral to which 28 section 597(1) applies -- the end of 72 hours 29 after the person was received into the 30 authorised hospital under the 1996 Act 31 section 36(1)(a); or 32 (b) if the person is a voluntary inpatient who is 33 under a referral to which section 598(1) page 18 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 applies -- the end of 72 hours after the referral 2 was made under the 1996 Act section 29(1) as 3 applied by section 30(1) of that Act. 4 604. Order made in respect of person who is referred 5 (1996 Act s. 37 including as applied by s. 30(5)) 6 (1) An order made under the 1996 Act section 43(2)(a) for 7 the purposes of section 37(1)(a) of that Act, or 8 section 37(1)(a) of that Act as applied by section 30(5) 9 of that Act, that was in force immediately before 10 commencement day is taken to be an inpatient 11 treatment order made under section 55(1)(a). 12 (2) The person who is under the order is taken to be an 13 involuntary inpatient. 14 (3) A community treatment order made under the 1996 Act 15 section 43(2)(b) for the purposes of section 37(1)(a) of 16 that Act, or section 37(1)(a) of that Act as applied by 17 section 30(5) of that Act, that was in force immediately 18 before commencement day is taken to be a community 19 treatment order made under section 55(1)(b). 20 (4) The person who is under the community treatment 21 order is taken to be an involuntary community patient. 22 (5) An order made under the 1996 Act section 37(1)(b) 23 that was in force immediately before commencement 24 day is taken to be an order made under 25 section 55(1)(c). 26 (6) The period for which the person can be detained under 27 the order expires as specified in the order under the 28 1996 Act section 37(2). page 19 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 Subdivision 3 -- Examination at place other than 2 authorised hospital 3 605. Receival of person at place other than authorised 4 hospital 5 (1) This section applies in relation to a person who is 6 under a referral to which section 597(3) applies. 7 (2) Subject to this section, Part 6 Division 3 Subdivision 2 8 applies in relation to the person. 9 (3) The person cannot be received into the place on or after 10 commencement day if the referral has expired because 11 of section 597(5)(a). 12 (4) If the person was received at the place before 13 commencement day, the person is taken to be detained 14 at the place under section 58(1)(b). 15 (5) The period for which the person can be detained under 16 section 58(1)(b) expires at the end of 72 hours after the 17 time when the person was received at the place under 18 the 1996 Act. 19 606. Examination for purposes of referral made under 20 1996 Act s. 29(2)(b) 21 (1) This section applies if, immediately before 22 commencement day, a psychiatrist had completed an 23 examination for the purposes of a referral made under 24 the 1996 Act section 29(2)(b) but had not done 25 anything under section 39(1) of that Act as a result of 26 the examination. 27 (2) The examination is taken to be an examination 28 conducted in accordance with Part 6 Division 3 29 Subdivision 6 for the purposes of section 60. 30 (3) The psychiatrist can make an order under 31 section 61(1)(c) on the basis of the examination, but page 20 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 the order cannot be made more than 72 hours after the 2 time when the person who was examined was received 3 at the place where the examination was conducted. 4 607. Detention of person for assessment at authorised 5 hospital (1996 Act s. 39 and 40) 6 (1) This section applies in relation to a person -- 7 (a) who is under a referral to which section 597(3) 8 applies; and 9 (b) in respect of whom an order made under the 10 1996 Act section 39(1) was in force 11 immediately before commencement day. 12 (2) The order referred to in subsection (1)(b) is taken to be 13 an order made under section 61(1)(c). 14 (3) Subject to this section, Part 6 Division 3 Subdivision 4 15 applies in relation to the person. 16 (4) The person cannot be received into the authorised 17 hospital on or after commencement day if the referral 18 has expired because of section 597(5)(a). 19 (5) If the person was detained at the authorised hospital 20 under the 1996 Act section 40(1) immediately before 21 commencement day, the person is taken to be detained 22 at the authorised hospital under section 70(1)(b). 23 (6) The period for which the person can be detained under 24 section 70(1)(b) expires at the end of 72 hours after the 25 time when the person was received into the authorised 26 hospital under the 1996 Act section 40(1). 27 608. Assessment because of order made under 1996 Act 28 s. 39(1) 29 (1) This section applies if, immediately before 30 commencement day, a psychiatrist had completed an 31 assessment conducted because of an order made under page 21 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 the 1996 Act section 39(1) but had not done anything 2 under the 1996 Act as a result of the assessment. 3 (2) The assessment is taken to be an examination 4 conducted in accordance with Part 6 Division 3 5 Subdivision 6 for the purposes of section 71. 6 (3) The psychiatrist can make an order under section 72(1) 7 on the basis of the assessment, but the order cannot be 8 made more than 72 hours after the time when the 9 person was received into the authorised hospital under 10 the 1996 Act section 40(1). 11 609. Order made in respect of person detained for 12 assessment (1996 Act s. 40(1)(b)) 13 (1) An order made under the 1996 Act section 43(2)(a) for 14 the purposes of section 40(1)(b) of that Act that was in 15 force immediately before commencement day is taken 16 to be an inpatient treatment order made under 17 section 72(1)(a). 18 (2) The person who is under the order is taken to be an 19 involuntary inpatient. 20 (3) A community treatment order made under the 1996 Act 21 section 43(2)(b) for the purposes of section 40(1)(b) of 22 that Act that was in force immediately before 23 commencement day is taken to be a community 24 treatment order made under section 72(1)(b). 25 (4) The person who is under the community treatment 26 order is taken to be an involuntary community patient. 27 610. Transport to authorised hospital (1996 Act s. 41) 28 (1) A transport order made under the 1996 Act 29 section 41(1) in respect of a person who is under an 30 order to which section 607(2) applies that was in force page 22 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 immediately before commencement day is taken to be 2 a transport order made under section 63(1). 3 (2) Despite sections 150 and 152 -- 4 (a) the period for which the transport order can 5 remain in force expires at the end of 72 hours 6 after the time when the transport order was 7 made under the 1996 Act section 41(1); and 8 (b) the transport order cannot be extended. 9 Subdivision 4 -- Detention in authorised hospital 10 611. Transfer to another authorised hospital (1996 Act 11 s. 46) 12 An order made under the 1996 Act section 46 in 13 respect of an involuntary inpatient that was in force 14 immediately before commencement day is taken to be 15 a transfer order made under section 91(2). 16 612. Period of detention specified in order (1996 Act 17 s. 48) 18 Despite section 87, a continued inpatient treatment 19 order to which section 604(1), 609(1) or 623(1) applies 20 authorises the detention of the person who is under the 21 order for the period ending on the day specified in the 22 order. 23 613. Examination of patient within detention period 24 (1996 Act s. 49(1) and 50(1)) 25 (1) This section applies if, immediately before 26 commencement day, a psychiatrist had completed, for 27 the purposes of the 1996 Act section 49(1) or 50(1), an 28 examination of an involuntary inpatient who is under a 29 continued inpatient treatment order but had not done 30 anything under section 49(2) or (3) of that Act, or page 23 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 under section 49(2) or (3) of that Act as applied by 2 section 50(2) of that Act, as a result of the examination. 3 (2) The examination is taken to be an examination under 4 section 89(1) if the examination was completed within 5 7 days before the continued involuntary treatment order 6 expires under section 612. 7 614. Order made on examination within detention 8 period (1996 Act s. 49(3) including as applied by 9 s. 50(2)) 10 (1) An order made under the 1996 Act section 49(3)(a), or 11 section 49(3)(a) of that Act as applied by section 50(2) 12 of that Act, that was in force immediately before 13 commencement day is taken to be a continuation order 14 made under section 89(2)(a). 15 (2) An order to which subsection (1) applies authorises the 16 detention of the person who is under the order for the 17 period ending -- 18 (a) if, immediately before commencement day, the 19 order had been in force under the 1996 Act for 20 at least 5 months -- on the day specified in the 21 order; or 22 (b) if, immediately before commencement day, the 23 order had been in force under the 1996 Act for 24 less than 5 months but more than 3 months, on 25 the earlier of -- 26 (i) the day specified in the order; and 27 (ii) the day that is one month after 28 commencement day; 29 or 30 (c) if, immediately before commencement day, the 31 order had been in force under the 1996 Act for 32 3 months or less, on the earlier of -- 33 (i) the day specified in the order; and page 24 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 (ii) the day that is 2 months after 2 commencement day. 3 (3) A community treatment order made under the 1996 Act 4 section 49(3)(b), or section 49(3)(b) of that Act as 5 applied by section 50(2) of that Act, that was in force 6 immediately before commencement day is taken to be 7 a community treatment order made under 8 section 89(2)(b). 9 (4) The person who is under the community treatment 10 order is taken to be an involuntary community patient. 11 615. Order made at any time (1996 Act s. 52) 12 (1) A community treatment order made under the 1996 Act 13 section 52(b) that was in force immediately before 14 commencement day is taken to be a community 15 treatment order made under section 90(1)(a). 16 (2) The person who is under the community treatment 17 order is taken to be an involuntary community patient. 18 Subdivision 5 -- Absence without leave and leave of absence 19 616. Absence without leave (1996 Act s. 57) 20 A person who is absent without leave under the 1996 21 Act section 57 immediately before commencement day 22 is taken to be absent without leave under section 97. 23 617. Apprehension of person absent without leave 24 (1996 Act s. 58) 25 (1) This section applies if, immediately before 26 commencement day, a person who had been 27 apprehended under the 1996 Act section 58(1) had not 28 been returned in accordance with section 58(2) of that 29 Act to the authorised hospital from which the person is 30 absent. page 25 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 (2) The police officer or other person who is detaining the 2 person apprehended must ensure that that person is 3 taken, as soon as practicable and, in any event, on or 4 within 14 days after commencement day to -- 5 (a) the authorised hospital from which the person is 6 absent without leave; or 7 (b) another authorised hospital or another place by 8 arrangement with a medical practitioner or 9 authorised mental health practitioner at that 10 other authorised hospital or place. 11 (3) Anything seized under the 1996 Act section 58(3)(b) 12 from the person apprehended that had not been dealt 13 with under section 199 of that Act before 14 commencement day must be dealt with under 15 section 166 as if it had been seized under 16 section 159(2)(c). 17 618. Grant of leave (1996 Act s. 59) 18 An involuntary inpatient who, immediately before 19 commencement day, is on leave of absence from an 20 authorised hospital granted under the 1996 Act 21 section 59(1) or extended under section 59(3) of that 22 Act is taken to be on leave of absence from the 23 authorised hospital granted under section 105(1) for the 24 period specified in the grant or extension. 25 619. Monitoring of involuntary inpatient on leave 26 (1996 Act s. 62) 27 (1) Subsection (2) applies in relation to an involuntary 28 inpatient who is away from an authorised hospital on 29 leave of absence because of section 618. 30 (2) For the purposes of section 108, the period for which 31 the involuntary inpatient is away from the authorised 32 hospital on leave of absence includes the period for 33 which the involuntary inpatient was away from the page 26 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 authorised hospital on leave of absence immediately 2 before commencement day. 3 (3) A community treatment order made under the 1996 Act 4 section 62(2)(b) that was in force immediately before 5 commencement day is taken to be a community 6 treatment order made under section 90(1)(a). 7 (4) The person who is under the community treatment 8 order is taken to be an involuntary community patient. 9 620. Release of involuntary inpatient while on leave 10 (1996 Act s. 63) 11 (1) This section applies in relation to an involuntary 12 inpatient under a continuing inpatient treatment order 13 who is on leave of absence from an authorised hospital 14 because of section 618. 15 (2) If, immediately before commencement day, the 16 involuntary inpatient's treating psychiatrist had 17 received a written opinion from another medical 18 practitioner or an authorised mental health practitioner 19 to the effect described in the 1996 Act section 63(1)(b) 20 but had not done anything under section 63(2) of that 21 Act as a result of the opinion, the written opinion is 22 taken to be a written opinion received by the treating 23 psychiatrist under section 109. 24 (3) A community treatment order made under the 1996 Act 25 section 63(2)(b) that was in force immediately before 26 commencement day is taken to be a community 27 treatment order made under section 90(1)(a). 28 (4) The person who is under the community treatment 29 order is taken to be an involuntary community patient. page 27 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 Subdivision 6 -- Treatment of involuntary patient in 2 community 3 621. Community treatment order made under general 4 power (1996 Act s. 67) 5 (1) A community treatment order made under the 1996 Act 6 section 67(1) that was in force immediately before 7 commencement day is taken to be a community 8 treatment order made under section 75(1). 9 (2) The person who is under the community treatment 10 order is taken to be an involuntary community patient. 11 622. Confirmation of community treatment order 12 (1996 Act s. 69) 13 (1) This section applies if, immediately before 14 commencement day, a continued community treatment 15 order to which section 621(1) applies had not been 16 confirmed under the 1996 Act section 69(1). 17 (2) For the purposes of section 76, the period within which 18 the continued community treatment order must be 19 confirmed under section 76 expires at the end of 20 72 hours after the continued community treatment 21 order was made under the 1996 Act section 67(1). 22 623. Order made on revocation of community treatment 23 order (1966 Act s. 70) 24 (1) An order made under the 1996 Act section 70(1) that a 25 person be admitted to, and detained, in an authorised 26 hospital that was in force immediately before 27 commencement day is taken to be an inpatient 28 treatment order made under section 123(1)(a). 29 (2) The person who is under the order is taken to be an 30 involuntary inpatient. page 28 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 624. Transport to authorised hospital (1996 Act s. 71) 2 (1) A transport order made under the 1996 Act 3 section 71(1) in respect of a person who is under a 4 continued inpatient treatment order to which 5 section 623(1) applies that was in force immediately 6 before commencement day is taken to be a transport 7 order made under section 133(1). 8 (2) Despite sections 150 and 152 -- 9 (a) the period for which the transport order can 10 remain in force expires at the end of 72 hours 11 after the time when the transport order was 12 made under the 1996 Act section 71(1); and 13 (b) the transport order cannot be extended. 14 625. Review by supervising psychiatrist (1996 Act s. 75) 15 (1) For a continued community treatment order in respect 16 of an involuntary community patient who, immediately 17 before commencement day, had not been examined 18 under the 1996 Act section 75, the first treatment 19 period under section 118 is the period -- 20 (a) beginning on the day on which the order was 21 made under the 1996 Act; and 22 (b) ending on the day on which the order expires as 23 specified in the order under the 1996 Act 24 section 68(1)(d). 25 (2) An examination of the involuntary community patient 26 under a continued community treatment order that was 27 conducted for the purposes of the 1996 Act section 75 28 before commencement day is taken to be an 29 examination of the involuntary community patient 30 conducted for the purposes of section 118. page 29 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 626. Extension of community treatment order (1996 Act 2 s. 76) 3 (1) Any extension of a continued community treatment 4 order made under the 1996 Act section 76(1) that was 5 in force immediately before commencement day is 6 taken to be a continuation order made under 7 section 121(1). 8 (2) If, immediately before commencement day, an 9 involuntary community patient under a continued 10 community treatment order extended under the 1996 11 Act section 76(1) had requested a second opinion under 12 section 76(3) of that Act but the second opinion had 13 not been obtained, the request is taken to have been 14 made under section 121(5) on the day on which it was 15 made under the 1996 Act section 76(3). 16 627. Examination and report by authorised medical 17 practitioner (1996 Act s. 77) 18 (1) For the purposes of section 625(2), an examination 19 conducted for the purposes of the 1996 Act section 75 20 includes an examination taken to have been conducted 21 for those purposes because of section 77 of that Act. 22 (2) If, immediately before commencement day, the 23 supervising psychiatrist under a continued community 24 treatment order had, for the purposes of the 1996 Act 25 section 75, requested under the 1996 Act section 77(1) 26 the examination of, and a report about, the involuntary 27 community patient under the order but had not been 28 provided with the report, the request is taken to be a 29 request made under section 119(1). 30 (3) If, immediately before commencement day, the 31 supervising psychiatrist under a continued community 32 treatment order had, for the purposes of the 1996 Act 33 section 75, been provided by an authorised medical page 30 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 practitioner with a report requested under the 1996 Act 2 section 77(1) about the involuntary community patient 3 under the order but had not as a result of the authorised 4 medical practitioner's report prepared a report about 5 the patient under section 77(3) of that Act -- 6 (a) the examination on which the authorised 7 medical practitioner's report is based is taken to 8 be an examination conducted under 9 section 118(2)(b)(ii); and 10 (b) the authorised medical practitioner's report is 11 taken to have been provided to the supervising 12 psychiatrist under section 118(5). 13 628. Variation of community treatment order (1996 Act 14 s. 79) 15 (1) Any transfer of responsibility as the treating 16 practitioner under a continued community treatment 17 order that was in force under the 1996 Act 18 section 79(1)(a) immediately before commencement 19 day is taken to be a transfer of that responsibility under 20 section 137(a). 21 (2) Any variation of the terms of a continued community 22 treatment order that was in force under the 1996 Act 23 section 79(1)(b) immediately before commencement 24 day and had the effect of transferring responsibility as 25 the supervising psychiatrist under the order is taken to 26 be a transfer of that responsibility under 27 section 135(1)(a). 28 (3) Any other variation of the terms of a continued 29 community treatment order that was in force under the 30 1996 Act section 79(1)(b) immediately before 31 commencement day is taken to be an order varying the 32 terms of the continued community treatment order 33 made under section 122(1). page 31 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 629. Notice of breach (1996 Act s. 81) 2 Notice of a breach of a continued community treatment 3 order that was given under the 1996 Act 4 section 81(1)(b) before commencement day is taken to 5 be notice of the breach given under section 127(2)(b). 6 630. Order to attend if breach continues (1996 Act s. 82) 7 (1) An order to attend that was in force under the 1996 Act 8 section 82(1) immediately before commencement day 9 is taken to be an order to attend made under 10 section 128(1). 11 (2) If an order to attend to which subsection (1) applies 12 and a written warning to the effect described in the 13 1996 Act section 82(4) were given under the 1996 Act 14 section 82(3) and (4) to the involuntary community 15 patient under a continued community treatment order 16 before commencement day, a copy of the order is taken 17 to have been given to the patient under section 128(5). 18 631. Order for police assistance (1996 Act s. 84) 19 (1) An order made under the 1996 Act section 84(1) that 20 was in force immediately before commencement day is 21 taken to be a transport order made under 22 section 129(2). 23 (2) Despite sections 150 and 152 -- 24 (a) the period for which the order can remain in 25 force expires at the end of 72 hours after the 26 time when the order was made under the 1996 27 Act section 84(1); and 28 (b) the order cannot be extended. page 32 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 Division 4 -- Treatment of patients 2 632. Informed consent (1996 Act Pt. 5 Div. 2) 3 If, immediately before commencement day, informed 4 consent had been given in accordance with the 1996 5 Act Part 5 Division 2 for the provision of treatment but 6 the treatment had not been provided, the informed 7 consent is taken to be informed consent given in 8 accordance with Part 5 Division 2 for the provision of 9 that treatment. 10 633. Psychosurgery: approval already given (1996 Act 11 s. 101) 12 If, immediately before commencement day, 13 psychosurgery for which an approval had been given 14 for the purposes of the 1996 Act section 101(1)(b) had 15 not been performed, the approval is taken to be an 16 approval for the purposes of section 208(2)(b). 17 634. Psychosurgery: application for approval pending 18 (1996 Act s. 102) 19 An application made under the 1996 Act section 102 20 for approval for psychosurgery to be performed that 21 was pending immediately before commencement day is 22 taken to be an application made under section 415. 23 635. Electroconvulsive therapy: course of treatment 24 commenced before commencement day 25 A person who performs electroconvulsive therapy on 26 another person does not commit an offence under 27 section 193 if the person performs the 28 electroconvulsive therapy in accordance with the 1996 29 Act Part 5 Division 5 on or within one month after 30 commencement day for the purpose of completing a 31 course of electroconvulsive therapy started before 32 commencement day. page 33 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 636. Electroconvulsive therapy: recommendation 2 referred to Mental Health Review Board (1996 Act 3 s. 106) 4 Any proceeding of the Mental Health Review Board in 5 respect of a recommendation that electroconvulsive 6 therapy be performed on a person that had been 7 referred to the Board under the 1996 Act section 106(1) 8 but had not been disposed of before commencement 9 day is discontinued. 10 637. Other medical treatment that is not psychiatric 11 treatment (1996 Act s. 110) 12 If, immediately before commencement day, medical 13 treatment for which approval had been given by the 14 Chief Psychiatrist under the 1996 Act section 110(1) 15 had not been provided, the medical treatment can be 16 provided in accordance with the approval. 17 638. Second opinion requested (1996 Act s. 111) 18 (1) This section applies in relation to a patient to whom 19 Part 13 Division 2 applies. 20 (2) If, immediately before commencement day, a patient 21 had requested a second opinion under the 1996 Act 22 section 111(2)(a) but the second opinion had not been 23 obtained, the request is taken to have been made to the 24 patient's psychiatrist under section 182(2). 25 (3) If, immediately before commencement day, a patient 26 had requested a second opinion under the 1996 Act 27 section 111(2)(b) but the second opinion had not been 28 obtained, the request is taken to have been made to the 29 Chief Psychiatrist under section 182(2). 30 (4) If, immediately before commencement day, a patient's 31 psychiatrist had obtained a second opinion in response 32 to a request made under the 1996 Act section 111(2)(a) page 34 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 but had not done anything in relation to the opinion, the 2 opinion is taken to have been obtained by the patient's 3 psychiatrist under section 182. 4 (5) If, immediately before commencement day, the Chief 5 Psychiatrist had obtained a second opinion in response 6 to a request made under the 1996 Act section 111(2)(b) 7 but had not done anything in relation to the opinion, the 8 opinion is taken to have been obtained by the Chief 9 Psychiatrist under section 182. 10 639. Dissatisfaction with second opinion (1996 Act s. 112) 11 (1) This section applies if, before commencement day -- 12 (a) an opinion to the effect described in the 1996 13 Act section 112(1)(a) had been obtained under 14 section 111 of that Act in respect of a patient to 15 whom Part 13 Division 2 applies; and 16 (b) the Chief Psychiatrist had become aware, 17 because of oral or written advice given to the 18 Chief Psychiatrist by the patient, of the 19 patient's continued dissatisfaction with 20 treatment being provided to the patient. 21 (2) If, immediately before commencement day, the Chief 22 Psychiatrist had not done anything under the 1996 Act 23 section 112(2) as a result of the advice, the advice is 24 taken to be advice given to the Chief Psychiatrist by 25 the patient under section 184(1). 26 (3) If, immediately before commencement day, the Chief 27 Psychiatrist had referred a matter to the Mental Health 28 Review Board under the 1996 Act section 112(2)(b) 29 but the Board had not made a decision on the matter 30 under section 112(3) of that Act, any proceeding before 31 the Board in respect of the matter is discontinued. page 35 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 640. Seclusion (1996 Act s. 119) 2 (1) An authorisation to keep a patient in seclusion that was 3 in force under the 1996 Act section 119 immediately 4 before commencement day is taken to be a seclusion 5 order made under section 215(1). 6 (2) Notification of a medical practitioner under the 1996 7 Act section 119(3) of an authorisation to which 8 subsection (1) applies is taken to be notification of a 9 medical practitioner under section 215(4). 10 641. Mechanical bodily restraint (1996 Act s. 123) 11 (1) An authorisation to use mechanical bodily restraint that 12 was in force under the 1996 Act section 123 13 immediately before commencement day is taken to be 14 a bodily restraint order made under section 231(1). 15 (2) Notification of a medical practitioner under the 1996 16 Act section 123(3) of an authorisation to which 17 subsection (1) applies is taken to be notification of a 18 medical practitioner under section 231(4). 19 Division 5 -- Mental Health Review Board 20 Subdivision 1 -- President and other members of Board 21 642. Appointment to Mental Health Tribunal (1996 Act 22 s. 126 and Sch. 1) 23 (1) The person who, immediately before commencement 24 day, held office under the 1996 Act section 126(1)(a) 25 as the President of the Mental Health Review Board is 26 taken be appointed under section 473 as the President 27 of the Mental Health Tribunal. 28 (2) A person who, immediately before commencement 29 day, held office under the 1996 Act section 126(1)(b) 30 as a member of the Mental Health Review Board is page 36 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 taken to be appointed under section 474(1) as a 2 member of the Mental Health Tribunal. 3 (3) A person to whom subsection (1) or (2) applies holds 4 office under this Act -- 5 (a) for the period, beginning on commencement 6 day, that is equal to the balance of the person's 7 term of office under the 1996 Act that remained 8 immediately before commencement day; and 9 (b) otherwise on the same terms and conditions 10 (including as to remuneration) as those on 11 which the person held office under the 1996 12 Act immediately before commencement day. 13 Subdivision 2 -- Reviews and inquiries 14 643. Initial review after commencement day (1996 Act 15 s. 138) 16 (1) In this section -- 17 initial order means -- 18 (a) a continued inpatient treatment order to which 19 section 604(1), 609(1) or 623(1) applies; or 20 (b) a continued community treatment order to 21 which section 604(3), 609(3), 614(3), 615(1), 22 619(3), 620(3) or 621(1) applies. 23 (2) This section applies to an initial order that, 24 immediately before commencement day, had not been 25 reviewed under the 1996 Act section 138. 26 (3) If, on the day on which the initial order was made, the 27 involuntary patient under the order was an adult, the 28 initial review period under section 386 is taken to be -- 29 (a) if, immediately before commencement day, the 30 initial order had been in force under the 1996 page 37 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 Act for not more than 7 days -- the period of 2 35 days from commencement day; or 3 (b) if, immediately before commencement day, the 4 initial order had been in force under the 1996 5 Act for more than 7 days but not more than 6 21 days -- the period of 28 days from 7 commencement day; or 8 (c) if, immediately before commencement day, the 9 initial order had been in force under the 1996 10 Act for more than 21 days -- the period of 11 14 days from commencement day. 12 (4) If, on the day on which the initial order was made, the 13 involuntary patient under the order was a child, the 14 initial review period under section 386 is taken to be -- 15 (a) if, immediately before commencement day, the 16 initial order had been in force under the 1996 17 Act for not more than 7 days -- the period of 18 21 days from commencement day; or 19 (b) if, immediately before commencement day, the 20 initial order had been in force under the 1996 21 Act for more than 7 days but not more than 22 21 days -- the period of 14 days from 23 commencement day; or 24 (c) if, immediately before commencement day, the 25 initial order had been in force under the 1996 26 Act for more than 21 days -- the period of 27 5 days from commencement day. 28 644. First periodic review after commencement day 29 (1996 Act s. 139) 30 (1) This section applies in relation to a continued 31 involuntary treatment order that had been reviewed 32 under the 1996 Act section 138 or 139 before 33 commencement day. page 38 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 (2) In this section -- 2 last review day, for the continued involuntary treatment 3 order, means the day on which the last review of the 4 order was completed under the 1996 Act section 138 5 or 139. 6 (3) If, on the last review day, the involuntary patient under 7 the continued involuntary treatment order was an adult, 8 the first periodic review period under section 387 is 9 taken to be -- 10 (a) if the last review day was not more than one 11 month before commencement day -- the period 12 of 3 months from commencement day; or 13 (b) if the last review day was more than one month 14 but not more than 3 months before 15 commencement day -- the period of 2 months 16 from commencement day; or 17 (c) if the last review day was more than 3 months 18 before commencement day -- the period of one 19 month from commencement day. 20 (4) If, on the last review day, the involuntary patient under 21 the continued involuntary treatment order was a child, 22 the first periodic review period under section 387 is 23 taken to be -- 24 (a) if the last review day was not more than one 25 month before commencement day -- the period 26 of 28 days from commencement day; or 27 (b) if the last review day was more than one month 28 but not more than 3 months before 29 commencement day -- the period of 21 days 30 from commencement day; or 31 (c) if the last review day was more than 3 months 32 before commencement day -- the period of 33 14 days from commencement day. page 39 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 645. Application for review pending before 2 commencement day (1996 Act s. 142) 3 An application made under the 1996 Act section 142(1) 4 for a review of a matter specified in that subsection that 5 was pending immediately before commencement day is 6 taken to be an application made under section 390(1) 7 for a review of that matter. 8 646. Suspension of order or restraint of action pending 9 review (1996 Act s. 143) 10 (1) Subsection (2) applies in relation to an order made 11 under the 1996 Act section 143 that was in force 12 immediately before commencement day. 13 (2) The order is taken to be an order made under 14 section 392(1). 15 (3) An application made under the 1996 Act section 143 16 that was pending immediately before commencement 17 day is taken to be an application made under 18 section 392(2). 19 647. Board initiated review (1996 Act s. 144) 20 A review that, immediately before commencement day, 21 had been initiated by the Mental Health Review Board 22 under the 1996 Act section 144 but had not been 23 disposed of is taken to be a review initiated by the 24 Mental Health Tribunal under section 391. 25 648. Order that community treatment order be made 26 (1996 Act s. 145(2)(b)) 27 An order made under the 1996 Act section 145(2)(b) 28 that was in force immediately before commencement 29 day is taken to be a direction given under 30 section 395(2)(b). page 40 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 649. Complaints to Board (1996 Act s. 146) 2 If, immediately before commencement day, a 3 complaint had been made under the 1996 Act 4 section 146 but the enquiry had not been completed, 5 the complaint is taken to be an application made under 6 section 422 or 432(1), as directed by the President of 7 the Mental Health Tribunal. 8 650. Enquiries directed by Minister (1996 Act s. 147) 9 (1) This section applies if, immediately before 10 commencement day, the Minister had directed the 11 Mental Health Review Board to enquire into a matter 12 under the 1996 Act section 147 but the enquiry had not 13 been completed. 14 (2) Despite the repeal of the 1996 Act -- 15 (a) the enquiry must be completed as soon as 16 practicable; and 17 (b) the responsible former Board member under 18 subsection (3) must complete the enquiry. 19 (3) For subsection (2)(b), the responsible former Board 20 member is -- 21 (a) a person -- 22 (i) to whom section 642(2) applies; and 23 (ii) who is nominated by the person referred 24 to in paragraph (b) to complete the 25 enquiry; 26 or 27 (b) if no-one is nominated under 28 paragraph (a)(ii) -- the person to whom 29 section 642(1) applies. page 41 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 651. Final report about activities of Mental Health 2 Review Board (1996 Act s. 148) 3 Despite the repeal of the 1996 Act, the person to whom 4 section 642(1) applies must make a report under 5 section 148 of that Act about the activities of the Board 6 for the period beginning on 1 July before 7 commencement day and ending on the day before 8 commencement day. 9 652. Records and proceedings of Mental Health Review 10 Board 11 (1) The records of the Mental Health Review Board are 12 taken to be the records of the Mental Health Tribunal. 13 (2) The Mental Health Tribunal can have regard to any 14 record of any proceeding of the Mental Health Review 15 Board that is continued under this Part as a proceeding 16 of the Tribunal. 17 Subdivision 3 -- Applications to State Administrative 18 Tribunal 19 653. Applications for review or determination of 20 questions of law (1996 Act Pt. 6 Div. 2A) 21 (1) This section applies in relation to -- 22 (a) an application for a review or leave to apply for 23 a review that, immediately before 24 commencement day, had been made under the 25 1996 Act section 148A but had not been 26 disposed of; or 27 (b) an application for a determination of a question 28 of law that, immediately before commencement 29 day, had been made under the 1996 Act 30 section 148E but had not been disposed of. page 42 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 (2) Despite the repeal of the 1996 Act, an application can 2 be dealt with as if the 1996 Act Part 6 Division 2A and 3 Schedule 2A were still in force. 4 (3) In dealing with an application under subsection (2), the 5 State Administrative Tribunal can make any order in 6 relation to the operation of this Act that the Tribunal 7 considers appropriate. 8 Subdivision 4 -- Appeals from State Administrative 9 Tribunal 10 654. Appeals to Supreme Court (1996 Act Pt. 6 Div. 3) 11 (1) Despite the repeal of the 1996 Act, an appeal or an 12 application for leave to appeal that, immediately before 13 commencement day, had been made under the 1996 14 Act section 149 but had not been disposed of can be 15 dealt with as if the 1996 Act Part 6 Division 3 were 16 still in force. 17 (2) In dealing with an appeal or application under 18 subsection (1), the Supreme Court can make any order 19 in relation to the operation of this Act that the Court 20 considers appropriate. 21 Division 6 -- Protection of patient's rights 22 655. Interview with psychiatrist requested by patient 23 (1996 Act s. 164) 24 (1) This section applies in relation to a patient to whom 25 Part 16 Division 2 Subdivision 2 applies. 26 (2) If, immediately before commencement day, a patient 27 had requested an interview with a psychiatrist under 28 the 1996 Act section 164(3) but the interview had not 29 occurred, the request is taken to have been made under 30 section 260(1). page 43 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 656. Personal possessions left at authorised hospital 2 (1996 Act s. 165(3)) 3 Section 259(6) applies in relation to any personal 4 possessions of a patient who was discharged from an 5 authorised hospital before commencement day that 6 were still at the hospital immediately before 7 commencement day. 8 657. Order restricting or denying patient's rights 9 (1996 Act s. 169) 10 An order made under the 1996 Act section 169(1) that 11 was in force immediately before commencement day is 12 taken to be an order made under section 262(1). 13 658. Application for review of order restricting or 14 denying patient's right (1996 Act s. 170) 15 An application made under the 1996 Act section 170 16 that was pending immediately before commencement 17 day is taken to be an application made under 18 section 432(1). 19 Division 7 -- Community support services 20 659. Funding and services agreements (1996 Act s. 174) 21 Despite the repeal of the 1996 Act, a funding and 22 services agreement entered into under the 1996 Act 23 section 174(1) that was in effect immediately before 24 commencement day continues to have effect according 25 to its terms on and after that day as if the 1996 Act 26 section 174 were still in force. page 44 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 Division 8 -- Council of Official Visitors 2 660. Matters generally 3 (1) This section applies in relation to any matter that, 4 immediately before commencement day, was being 5 dealt with under the 1996 Act by any of these persons 6 or bodies -- 7 (a) the Council of Official Visitors; 8 (b) the Head of the Council of Official Visitors; 9 (c) an official visitor; 10 (d) a panel appointed under section 187 of that Act; 11 (e) the executive officer of the Council of Official 12 Visitors. 13 (2) The matter may continue being dealt with under this 14 Act by -- 15 (a) the Chief Mental Health Advocate; or 16 (b) a mental health advocate or a member of the 17 advocacy services staff referred to in 18 section 375, as directed by the Chief Mental 19 Health Advocate. 20 661. Request for visit by official visitor (1996 Act s. 189) 21 A request made under the 1996 Act section 189(1)(a) 22 or (b) for an official visitor to visit a person that, 23 immediately before commencement day, had not been 24 dealt with under that Act is taken to be a request made 25 under section 356(2)(a) or (b), as the case requires, for 26 a mental health advocate to contact or otherwise visit 27 the person. page 45 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 662. Exercise of powers by official visitors and panels 2 (1996 Act s. 190) 3 (1) Any information obtained by an official visitor or a 4 panel in the course of a visit to a place under the 1996 5 Act section 190(2) (whether or not the visit was 6 completed before commencement day) is taken to be 7 information obtained by a mental health advocate in 8 the course of a visit to a mental health service under 9 section 359(1)(a). 10 (2) A visit to a place by an official visitor or a panel under 11 the 1996 Act section 190(2) that was started but not 12 completed before commencement day can be 13 completed by a mental health advocate under 14 section 359(1)(a) as a visit to a mental health service. 15 663. Reports requested by Minister (1996 Act s. 192(2)) 16 (1) This section applies if, immediately before 17 commencement day, the Minister had requested a 18 report about a matter under the 1996 Act section 192(2) 19 but no report about the matter had been made to the 20 Minister. 21 (2) Despite the repeal of the 1996 Act -- 22 (a) the report must made be to the Minister under 23 the 1996 Act section 192(2) as soon as 24 practicable; and 25 (b) the responsible COV office holder under 26 subsection (3) continues to hold office, and is 27 entitled to receive from the Chief Mental 28 Health Advocate such assistance as the 29 responsible COV office holder reasonably 30 requires, for the purpose of making the report. page 46 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 (3) For subsection (2)(b), the responsible COV office 2 holder is -- 3 (a) a person -- 4 (i) who, immediately before 5 commencement day, held office under 6 the 1996 Act as an official visitor or a 7 person on a panel; and 8 (ii) who is nominated by the person referred 9 to in paragraph (b) to make the report; 10 or 11 (b) if no-one is nominated under 12 paragraph (a)(ii) -- the person who, 13 immediately before commencement day, held 14 office under the 1996 Act as the Head of the 15 Council of Official Visitors. 16 664. Final report about activities of official visitors 17 (1996 Act s. 192(3)) 18 Despite the repeal of the 1996 Act -- 19 (a) the person who, immediately before 20 commencement day, held office as the Head of 21 the Council of Official Visitors must make a 22 report under section 192(3) of that Act for the 23 period beginning on 1 July before 24 commencement day and ending on the day 25 before commencement day; and 26 (b) that person continues to hold office, and is 27 entitled to receive from the Chief Mental 28 Health Advocate such assistance as that person 29 reasonably requires, for the purpose of making 30 the report; and 31 (c) the Minister must cause a copy of the report to 32 be laid before each House of Parliament under 33 the 1996 Act section 192(4). page 47 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 665. Records of Council of Official Visitors 2 The records of the Council of Official Visitors are 3 taken to be the records of the office of the Chief Mental 4 Health Advocate. 5 Division 9 -- Other matters under 1996 Act 6 666. Person taken into protective custody (1996 Act 7 s. 195) 8 (1) If, immediately before commencement day, a person 9 had been apprehended under the 1996 Act 10 section 195(1) but no arrangement to have the person 11 examined had been made under section 195(2) of that 12 Act, the person is taken to have been apprehended 13 under section 156(1). 14 (2) If, immediately before commencement day, an 15 arrangement to have a person examined had been made 16 under the 1996 Act section 195(2) but the person had 17 not been examined in accordance with that 18 arrangement, the arrangement is taken to be an 19 arrangement to have the person assessed under 20 section 156(3)(a) and the person can be detained under 21 section 156(3)(b). 22 667. Examination of person arrested (1996 Act s. 196) 23 If, immediately before commencement day, an 24 arrangement to have a person examined had been made 25 under the 1996 Act section 196(1) but the person had 26 not been examined in accordance with that 27 arrangement, the arrangement is taken to be an 28 arrangement to have the person assessed under 29 section 157(2). page 48 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 668. Things seized by police officer (1996 Act s. 197) 2 Anything seized under the 1996 Act section 197(c) 3 from a person apprehended under section 34, 71 or 195 4 of that Act that had not been dealt with under 5 section 199 of that Act before commencement day 6 must be dealt with under section 166 as if it had been 7 seized under section 159(2)(c). 8 669. Review of determination of capacity to vote 9 (1996 Act s. 203) 10 Any proceeding of the Mental Health Review Board in 11 respect of an application made under the 1996 Act 12 section 203 that had not been disposed of before 13 commencement day is discontinued. 14 670. Records of patients (1996 Act s. 204) 15 A record kept by an authorised hospital or other place 16 in accordance with the 1996 Act section 204 is taken to 17 be a record kept by a mental health service in 18 accordance with section 580. 19 671. Request for information about patient or person 20 detained (1996 Act s. 205) 21 If, immediately before commencement day, the Chief 22 Psychiatrist had received a request under the 1996 Act 23 section 205(1) but had not done anything in relation to 24 the request, the request is taken to be a request made 25 under section 533(1). 26 672. Inquiries (1996 Act Pt. 10 Div. 5) 27 Despite the repeal of the 1996 Act -- 28 (a) the 1996 Act Part 10 Division 5 continues to 29 apply in relation to an inquiry that, immediately 30 before commencement day, had not been 31 completed and reported on to the Minister page 49 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 under the 1996 Act section 207 until the inquiry 2 is completed and reported on under that section; 3 and 4 (b) the person appointed under the 1996 Act 5 section 207 to conduct an inquiry to which 6 paragraph (a) applies continues to hold office 7 for the purpose of completing and reporting on 8 the inquiry; and 9 (c) the Minister must ensure that the person to 10 whom paragraph (b) applies receives such 11 assistance as that person reasonably requires for 12 the purpose of completing and reporting on the 13 inquiry. 14 673. Rectification of referrals and orders (1996 Act 15 s. 212) 16 Section 579 applies in relation to a referral or order that 17 could have been, but was not, rectified under the 18 1996 Act section 212 before commencement day. 19 Division 10 -- Miscellaneous matters 20 674. Transitional regulations 21 (1) In this section -- 22 publication day, for regulations made under 23 subsection (2), means the day on which those 24 regulations are published in the Gazette; 25 specified means specified or described in regulations 26 made under subsection (2); 27 transitional matter -- 28 (a) means a matter that needs to be dealt with for 29 the purpose of effecting the transition from the 30 provisions of the written laws repealed by 31 Part 28 to the provisions of this Act; and page 50 Mental Health Legislation Amendment Bill 2013 Mental Health Act 2013 amended Part 3 s. 9 1 (b) includes a saving or application matter. 2 (2) If there is no sufficient provision in this Part for 3 dealing with a transitional matter, the Governor may 4 make regulations prescribing matters -- 5 (a) required to be prescribed for the purpose of 6 dealing with the transitional matter; or 7 (b) necessary or convenient to be prescribed for the 8 purpose of dealing with the transitional matter. 9 (3) Regulations made under subsection (2) may provide 10 that specified provisions of this Act -- 11 (a) do not apply to or in relation to a specified 12 matter; or 13 (b) apply with specified modifications to or in 14 relation to a specified matter. 15 (4) If regulations made under subsection (2) provide that a 16 specified state of affairs is taken to have existed, or not 17 to have existed, on and from a day that is earlier than 18 the publication day for those regulations but not earlier 19 than commencement day, the regulations have effect 20 according to their terms. 21 (5) If regulations made under subsection (2) contain a 22 provision referred to in subsection (4), the provision 23 does not operate so as -- 24 (a) to affect in a manner prejudicial to a person 25 other than the State or an authority of the State 26 the rights of that person existing before the 27 publication day for those regulations; or 28 (b) to impose liabilities on a person other than the 29 State or an authority of the State in respect of 30 an act done or omission made before the 31 publication day for those regulations. page 51 Mental Health Legislation Amendment Bill 2013 Part 3 Mental Health Act 2013 amended s. 9 1 (6) Regulations can only be made under subsection (2) 2 within 12 months after commencement day. 3 675. Interpretation Act 1984 not affected 4 Except to the extent this Part or regulations made under 5 section 674(2) expressly provide differently, the 6 Interpretation Act 1984 applies in relation to the repeal 7 of the written laws referred to in Part 28. 8 page 52 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Criminal Law (Mentally Impaired Accused) Act 1996 Division 1 amended s. 10 1 Part 4 -- Amendments to other Acts 2 Division 1 -- Criminal Law (Mentally Impaired Accused) 3 Act 1996 amended 4 10. Act amended 5 This Division amends the Criminal Law (Mentally Impaired 6 Accused) Act 1996. 7 11. Section 3 amended 8 (1) In section 3 delete the definitions of: 9 involuntary patient 10 psychiatrist 11 psychologist 12 (2) In section 3 insert in alphabetical order: 13 14 authorised hospital has the meaning given in the 15 Mental Health Act 2013 section 4; 16 involuntary inpatient has the meaning given in the 17 Mental Health Act 2013 section 4; 18 involuntary patient has the meaning given in the 19 Mental Health Act 2013 section 4; 20 mental illness has the meaning given in the Mental 21 Health Act 2013 section 4; 22 psychiatrist has the meaning given in the Mental 23 Health Act 2013 section 4; 24 psychologist has the meaning given in the Mental 25 Health Act 2013 section 4; 26 page 53 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 1 Criminal Law (Mentally Impaired Accused) Act 1996 amended s. 12 1 12. Section 5 amended 2 (1) Delete section 5(2) and insert: 3 4 (2) The judicial officer may make a hospital order in 5 respect of the accused if the officer reasonably 6 suspects -- 7 (a) that the accused has a mental illness for which 8 the accused is in need of treatment; and 9 (b) that, because of the mental illness, there is -- 10 (i) a significant risk to the health or safety 11 of the accused or to the safety of another 12 person; or 13 (ii) a significant risk of serious harm to the 14 accused or to another person; 15 and 16 (c) that the accused does not have the capacity to 17 consent to treatment. 18 19 (2) In section 5(3)(a) delete "involuntary patient," and insert: 20 21 involuntary inpatient, 22 23 (3) Delete section 5(4) and insert: 24 25 (4) Subject to this section, a hospital order has effect as if 26 the accused had been referred under the Mental Health 27 Act 2013 section 26(2) for an examination by a 28 psychiatrist at an authorised hospital and that Act 29 applies accordingly. 30 page 54 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Criminal Law (Mentally Impaired Accused) Act 1996 Division 1 amended s. 13 1 (4) In section 5(5) delete "involuntary patient." and insert: 2 3 involuntary inpatient. 4 5 13. Section 6 amended 6 (1) In section 6(1) delete "Mental Health Act 1996" and insert: 7 8 Mental Health Act 2013 9 10 (2) In section 6(2) delete "Mental Health Act 1996 --" and insert: 11 12 Mental Health Act 2013 -- 13 14 Note: The heading to amended section 6 is to read: 15 Relationship to Mental Health Act 2013 16 14. Section 23 amended 17 In section 23 delete the definitions of: 18 authorised hospital 19 mental illness 20 15. Section 24 amended 21 Delete section 24(3)(b) and (c) and insert: 22 23 (b) that, because of the mental illness, there is -- 24 (i) a significant risk to the health or safety 25 of the accused or to the safety of another 26 person; or 27 (ii) a significant risk of serious harm to the 28 accused or to another person; 29 and page 55 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 1 Criminal Law (Mentally Impaired Accused) Act 1996 amended s. 16 1 (c) the accused does not have the capacity to 2 consent to treatment; and 3 4 16. Section 25 amended 5 (1) In section 25(2)(a) delete "involuntary patient" and insert: 6 7 involuntary inpatient 8 9 (2) Delete section 25(3)(a) and insert: 10 11 (a) if admitted to the authorised hospital as an 12 involuntary inpatient -- is not entitled to be 13 released from the hospital under the Mental 14 Health Act 2013 Part 7 Division 4 or to be 15 granted leave of absence under Part 7 16 Division 6 of that Act; or 17 18 17. Section 31 amended 19 In section 31(1)(a) delete "having being given" and insert: 20 21 having been given 22 23 18. Section 32 amended 24 Delete section 32(1) and insert: 25 26 (1) The Mental Health Act 2013 Part 7 Divisions 5 and 6 27 do not apply in relation to the absence from an 28 authorised hospital of a mentally impaired accused. 29 page 56 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Guardianship and Administration Act 1990 amended Division 2 s. 19 1 Division 2 -- Guardianship and Administration Act 1990 2 amended 3 19. Act amended 4 This Division amends the Guardianship and Administration 5 Act 1990. 6 20. Section 3 amended 7 Delete section 3(2) and insert: 8 9 (2) A reference in a written law to the committee of the 10 person of a person is to be read as a reference to the 11 guardian of that person. 12 13 21. Section 110ZH amended 14 In section 110ZH in the definition of urgent treatment delete 15 "but does not include the sterilisation of the patient." and insert: 16 17 but does not include -- 18 (d) psychiatric treatment, which is treatment as 19 defined in the Mental Health Act 2013 20 section 4; or 21 (e) the sterilisation of the patient. 22 23 22. Schedule 5 Division 1 heading inserted 24 At the beginning of Schedule 5 insert: 25 26 Division 1 -- Transitional matters for Guardianship and 27 Administration Act 1990 28 page 57 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 2 Guardianship and Administration Act 1990 amended s. 23 1 23. Schedule 5 clause 1A inserted 2 Before Schedule 5 clause 1 insert: 3 4 1A. Application of this Division 5 This Division does not apply in relation to the estate of a 6 person to whom Division 2 applies. 7 8 24. Schedule 5 Division 2 inserted 9 At the end of Schedule 5 insert: 10 11 Division 2 -- Transitional matters in connection with Mental 12 Health Act 2013 13 7. Estates being managed by Public Trustee under 14 Division 1 15 (1) Subclause (2) applies to a person whose estate was, 16 immediately before the day on which the Mental Health 17 Legislation Amendment Act 2013 section 24 commences 18 (the prescribed day) -- 19 (a) under the care and management of the Public 20 Trustee as provided by clause 1; or 21 (b) being managed by the Public Trustee as provided by 22 clause 2 or because of clause 5. 23 (2) The person is taken to be under an administration order 24 appointing the Public Trustee as the administrator of the 25 person's estate. 26 (3) Despite any other provision of this Act or any provision of 27 the Public Trustee Act 1941, the Public Trustee has the same 28 functions, duties and powers in relation to the person's 29 estate that the Public Trustee had immediately before the 30 prescribed day. page 58 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Hospitals and Health Services Act 1927 amended Division 3 s. 25 1 (4) An administration order referred to in subclause (2) must be 2 reviewed under section 84 on or within 3 years after the 3 prescribed day. 4 (5) The Public Trustee must, on or as soon as practicable after 5 the prescribed day, give to the Public Advocate and the 6 State Administrative Tribunal a list of the persons to whom 7 subclause (2) applies. 8 9 Division 3 -- Hospitals and Health Services Act 1927 amended 10 25. Act amended 11 This Division amends the Hospitals and Health Services 12 Act 1927. 13 26. Section 2 amended 14 (1) In section 2(1) insert in alphabetical order: 15 16 Chief Psychiatrist has the meaning given in the Mental 17 Health Act 2013 section 4; 18 19 (2) Delete section 2(1a) and insert: 20 21 (1A) In the definition of hospital in subsection (1), illness 22 includes mental illness (as defined in the Mental 23 Health Act 2013 section 4) but this subsection does not 24 affect any requirement under that Act that a person be 25 detained at an authorised hospital (as defined in 26 section 4 of that Act) or at another place. 27 28 27. Section 4 amended 29 In section 4 delete "Mental Health Act 1996," and insert: 30 31 Mental Health Act 2013, 32 page 59 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 3 Hospitals and Health Services Act 1927 amended s. 28 1 28. Section 26DA amended 2 (1) In section 26DA(2) delete "Mental Health Act 1996" and insert: 3 4 Mental Health Act 2013 5 6 (2) After section 26DA(2) insert: 7 8 (3A) The CEO cannot endorse a licence unless the Chief 9 Psychiatrist recommends the endorsement. 10 11 29. Section 26FA amended 12 (1) In section 26FA(1)(b)(i) delete "Mental Health Act 1996; or" 13 and insert: 14 15 Mental Health Act 2013; or 16 17 (2) After section 26FA(1) insert: 18 19 (2A) The CEO must consult the Chief Psychiatrist before 20 deciding whether or not to cancel an endorsement. 21 22 30. Section 26P amended 23 In section 26P delete the definition of mental illness and insert: 24 25 mental illness has the meaning given in the Mental 26 Health Act 2013 section 4; 27 page 60 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 31 1 31. Section 26Q amended 2 In section 26Q(2)(d)(ii) delete "Chief Psychiatrist referred to in 3 section 8 of the Mental Health Act 1996." and insert: 4 5 Chief Psychiatrist. 6 7 Division 4 -- Other Acts amended 8 Subdivision 1 -- Anatomy Act 1930 amended 9 32. Act amended 10 This Subdivision amends the Anatomy Act 1930. 11 33. Section 8 amended 12 In section 8: 13 (a) delete "the inspector general of the insane,"; 14 (b) delete "hospitals for the insane." and insert: 15 16 an authorised hospital as defined in the Mental Health 17 Act 2013 section 4. 18 19 Subdivision 2 -- Bail Act 1982 amended 20 34. Act amended 21 This Subdivision amends the Bail Act 1982. 22 35. Schedule 1 Part D clause 2 amended 23 (1) In Schedule 1 Part D clause 2(3a): 24 (a) before "examined" (1st and 2nd occurrences) insert: 25 26 assessed or 27 page 61 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 36 1 (b) delete paragraph (a) and insert: 2 3 (a) that the accused be assessed, either by a medical 4 practitioner or by an authorised mental health 5 practitioner as defined in the Mental Health 6 Act 2013 section 4, for the purpose of deciding 7 whether to make a referral under section 26 of that 8 Act; 9 10 (c) in paragraph (b) delete "Mental Health Act 1996);" and 11 insert: 12 13 Mental Health Act 2013 section 4); 14 15 (2) In Schedule 1 Part D clause 2(5) delete "counsel or examine" and 16 insert: 17 18 counsel, assess or examine 19 20 (3) In Schedule 1 Part D clause 2(7) delete the definition of 21 psychiatrist and insert: 22 23 psychiatrist has the meaning given in the Mental Health 24 Act 2013 section 4. 25 26 Subdivision 3 -- Carers Recognition Act 2004 amended 27 36. Act amended 28 This Subdivision amends the Carers Recognition Act 2004. page 62 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 37 1 37. Section 5 amended 2 In section 5(1)(b) delete "Mental Health Act 1996 section 3; or" 3 and insert: 4 5 Mental Health Act 2013 section 4; or 6 7 Subdivision 4 -- Constitution Acts Amendment Act 1899 amended 8 38. Act amended 9 This Subdivision amends the Constitution Acts Amendment 10 Act 1899. 11 39. Schedule V Part 1 Division 1 amended 12 In Schedule V Part 1 Division 1 delete the item relating to the 13 Mental Health Review Board and insert: 14 15 Member of the Mental Health Tribunal established by the Mental 16 Health Act 2013. 17 18 40. Schedule V Part 3 amended 19 In Schedule V Part 3 delete the item relating to the Council of 20 Official Visitors. 21 Subdivision 5 -- Coroners Act 1996 amended 22 41. Act amended 23 This Subdivision amends the Coroners Act 1996. page 63 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 42 1 42. Section 3 amended 2 In section 3 in the definition of person held in care delete 3 paragraph (c) and insert: 4 5 (c) a person -- 6 (i) who is an involuntary patient under the 7 Mental Health Act 2013; or 8 (ii) who is apprehended or detained under 9 that Act; or 10 (iii) who is absent without leave from a 11 hospital or other place under section 97 12 of that Act; 13 or 14 15 Subdivision 6 -- Court Security and Custodial Services Act 1999 16 amended 17 43. Act amended 18 This Subdivision amends the Court Security and Custodial 19 Services Act 1999. 20 44. Section 3 amended 21 (1) In section 3 delete the definition of medical treatment and 22 insert: 23 24 medical treatment includes -- 25 (a) psychiatric treatment, which is treatment as 26 defined in the Mental Health Act 2013 27 section 4; and 28 (b) dental treatment; 29 page 64 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 45 1 (2) In section 3 in the definition of person in custody delete 2 paragraph (b) and insert: 3 4 (b) a person who is detained under the Mental 5 Health Act 2013 unless the person has been 6 apprehended by a police officer -- 7 (i) under section 99 of that Act pursuant to 8 an apprehension and return order made 9 under section 98 of that Act; or 10 (ii) under section 149 of that Act pursuant 11 to a transport order made under that 12 Act; or 13 (iii) under section 156 of that Act, 14 and is placed in a lock-up while arrangements 15 are being made by a police officer to take the 16 person to a place as required under that Act; 17 18 45. Section 4 amended 19 In section 4(2) delete "under an order made under section 34, 20 41, 71, 84 or 195 of the Mental Health Act 1996." and insert: 21 22 by a police officer -- 23 (a) under section 99 of the Mental Health Act 2013 24 pursuant to an apprehension and return order 25 made under section 98 of that Act; or 26 (b) under section 149 of that Act pursuant to a 27 transport order made under that Act; or 28 (c) under section 156 of that Act. 29 page 65 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 46 1 46. Section 76 amended 2 In section 76 delete "under the Mental Health Act 1996." and 3 insert: 4 5 as required under the Mental Health Act 2013. 6 7 Subdivision 7 -- The Criminal Code amended 8 47. Act amended 9 This Subdivision amends The Criminal Code. 10 48. Section 149 amended 11 In section 149: 12 (a) in paragraph (a) delete "Mental Health Act 1996" and 13 insert: 14 15 Mental Health Act 2013 16 17 (b) in paragraph (b)(ii) delete "Mental Health Act 1996" 18 and insert: 19 20 Mental Health Act 2013 section 97 21 22 49. Section 336 amended 23 In section 336 delete "Mental Health Act 1996)" and insert: 24 25 Mental Health Act 2013 section 4) 26 page 66 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 50 1 50. Section 337 amended 2 In section 337 delete "Mental Health Act 1996)" and insert: 3 4 Mental Health Act 2013 section 4) 5 6 Subdivision 8 -- Criminal Investigation Act 2006 amended 7 51. Act amended 8 This Subdivision amends the Criminal Investigation Act 2006. 9 52. Section 142 amended 10 (1) Delete section 142(7)(a)(ii) and insert: 11 12 (ii) under the Mental Health Act 2013 13 section 157; 14 15 (2) Delete section 142(8)(c)(ii) and insert: 16 17 (ii) the Mental Health Act 2013 section 157; 18 or 19 20 Subdivision 9 -- Cross-border Justice Act 2008 amended 21 53. Act amended 22 This Subdivision amends the Cross-border Justice Act 2008. 23 54. Section 95 amended 24 In section 95 in the definition of State authorised hospital 25 delete "Mental Health Act 1996 section 3;" and insert: 26 27 Mental Health Act 2013 section 4; 28 page 67 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 55 1 Subdivision 10 -- Dangerous Sexual Offenders Act 2006 amended 2 55. Act amended 3 This Subdivision amends the Dangerous Sexual Offenders 4 Act 2006. 5 56. Section 3 amended 6 In section 3(1) delete the definition of psychiatrist and insert: 7 8 psychiatrist has the meaning given in the Mental 9 Health Act 2013 section 4; 10 11 Subdivision 11 -- Electoral Act 1907 amended 12 57. Act amended 13 This Subdivision amends the Electoral Act 1907. 14 58. Section 40 amended 15 Delete section 40(1)(b)(i) and insert: 16 17 (i) who, from information supplied by the 18 Registrar of Births, Deaths and 19 Marriages, appear to be dead; or 20 (iia) who, from information supplied by the 21 chief executive officer (as defined in the 22 Prisons Act 1981 section 3(1)) appear to 23 be disqualified; or 24 25 59. Section 51A amended 26 Delete section 51A(4) and insert: 27 28 (4A) A person's name is taken to have been removed from a 29 roll pursuant to this section if, immediately before the page 68 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 60 1 day on which the Mental Health Legislation 2 Amendment Act 2013 Part 4 Division 4 Subdivision 11 3 commences, the person's name did not appear on the 4 roll because it had been removed from the roll under 5 section 51AA(1a) of this Act as in force before that 6 day. 7 (4) The power of removal conferred on the Electoral 8 Commissioner by subsection (1) does not extend to a 9 person in respect of whom a guardianship or 10 administration order is in force under the Guardianship 11 and Administration Act 1990. 12 13 60. Section 51AA amended 14 (1) Delete section 51AA(1a). 15 (2) In section 51AA(2) delete "subsection (1), or a determination 16 referred to in subsection (1a)," and insert: 17 18 subsection (1) 19 20 Subdivision 12 -- Gaming and Wagering Commission 21 Act 1987 amended 22 61. Act amended 23 This Subdivision amends the Gaming and Wagering 24 Commission Act 1987. 25 62. Section 12 amended 26 Delete section 12(11)(a). page 69 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 63 1 Subdivision 13 -- Health and Disability Services (Complaints) 2 Act 1995 amended 3 63. Act amended 4 This Subdivision amends the Health and Disability Services 5 (Complaints) Act 1995. 6 64. Section 3A replaced 7 Delete section 3A and insert: 8 9 3A. Act to be read with other legislation about health 10 and disability complaints 11 This Act is to be read with the following -- 12 (a) the Disability Services Act 1993 Part 6; 13 (b) the Mental Health Act 2013 Part 19 Divisions 3 14 and 4. 15 16 Subdivision 14 -- Health Legislation Administration 17 Act 1984 amended 18 65. Act amended 19 This Subdivision amends the Health Legislation Administration 20 Act 1984. 21 66. Section 3 amended 22 In section 3 in the definition of prescribed officer delete 23 "section 6(1)(b), (c) or (d)" and insert: 24 25 section 6(1)(b) or (c) 26 page 70 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 67 1 67. Section 6 amended 2 (1) In section 6(1): 3 (a) in paragraph (c) delete "Services;" and insert: 4 5 Services, 6 7 (b) delete paragraph (d). 8 (2) Delete section 6(4) and insert: 9 10 (4) A person cannot be appointed to hold or act in an office 11 referred to in subsection (1)(b) or (c) unless the person 12 is registered under the Health Practitioner Regulation 13 National Law (Western Australia) in the medical 14 profession. 15 16 Subdivision 15 -- Juries Act 1957 amended 17 68. Act amended 18 This Subdivision amends the Juries Act 1957. 19 69. Section 5 amended 20 Delete section 5(3)(d)(i) and insert: 21 22 (i) an involuntary patient as defined in the 23 Mental Health Act 2013 section 4; 24 25 Subdivision 16 -- Land Administration Act 1997 amended 26 70. Act amended 27 This Subdivision amends the Land Administration Act 1997. page 71 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 71 1 71. Section 21 amended 2 In section 21(2)(b) delete "is suffering from a mental disorder or 3 mental illness, or is an intellectually handicapped person, within 4 the meaning of the Mental Health Act 1962," and insert: 5 6 has a mental disability as defined in the Guardianship and 7 Administration Act 1990 section 3(1), 8 9 Subdivision 17 -- National Health Funding Pool Act 2012 amended 10 72. Act amended 11 This Subdivision amends the National Health Funding Pool 12 Act 2012. 13 73. Section 16 amended 14 In section 16(1)(b) delete "Mental Health Act 1996." and insert: 15 16 Mental Health Act 2013. 17 18 Subdivision 18 -- Parliamentary Commissioner Act 1971 amended 19 74. Act amended 20 This Subdivision amends the Parliamentary Commissioner 21 Act 1971. 22 75. Section 17A amended 23 In section 17A(4) delete "the Director, Psychiatric Services 24 appointed under section 6(1)(d) of the Health Legislation 25 Administration Act 1984" and insert: 26 27 the CEO as defined in the Health Legislation Administration 28 Act 1984 section 3 29 page 72 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 76 1 Subdivision 19 -- Perth Theatre Trust Act 1979 amended 2 76. Act amended 3 This Subdivision amends the Perth Theatre Trust Act 1979. 4 77. Section 6 amended 5 Delete section 6(1)(e). 6 Subdivision 20 -- Protective Custody Act 2000 amended 7 78. Act amended 8 This Subdivision amends the Protective Custody Act 2000. 9 79. Section 4 amended 10 In section 4(2) delete "section 195 of the Mental Health 11 Act 1996." and insert: 12 13 the Mental Health Act 2013 section 156. 14 15 80. Section 10 amended 16 Delete section 10(2)(a) and insert: 17 18 (a) the apprehended person is referred under the 19 Mental Health Act 2013 section 26(2) or (3)(a) 20 for an examination by a psychiatrist at an 21 authorised hospital or another place; or 22 23 Subdivision 21 -- Public Trustee Act 1941 amended 24 81. Act amended 25 This Subdivision amends the Public Trustee Act 1941. page 73 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 82 1 82. Section 12 amended 2 In section 12(8) delete "idiot, or lunatic, or of unsound mind or" 3 and insert: 4 5 has a mental disability as defined in the Guardianship and 6 Administration Act 1990 section 3(1) or is 7 8 83. Section 49 amended 9 In section 49(2) delete "clause 1(1) or (2) or 2(1) or (2)" and 10 insert: 11 12 clause 1(1) or (2) or 2(1) or (2) or 7(2) 13 14 84. Section 54 amended 15 In section 54(2) delete "any insane patient, insane person, or 16 represented person," and insert: 17 18 a person who has a mental illness (as defined in the Mental 19 Health Act 2013 section 4) or represented person 20 21 Subdivision 22 -- Spent Convictions Act 1988 amended 22 85. Act amended 23 This Subdivision amends the Spent Convictions Act 1988. page 74 Mental Health Legislation Amendment Bill 2013 Amendments to other Acts Part 4 Other Acts amended Division 4 s. 86 1 86. Schedule 3 clause 1 amended 2 In Schedule 3 clause 1(7) delete the Table and insert: 3 4 Table 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 6 Subdivision 23 -- University Medical School, Teaching Hospitals, 7 Act 1955 amended 8 87. Act amended 9 This Subdivision amends the University Medical School, 10 Teaching Hospitals, Act 1955. 11 88. Section 5 amended 12 In section 5(2): 13 (a) delete paragraph (c) and insert: 14 15 (c) the Chief Psychiatrist (as defined in the Mental 16 Health Act 2013 section 4) or a person 17 nominated by the Chief Psychiatrist; and 18 page 75 Mental Health Legislation Amendment Bill 2013 Part 4 Amendments to other Acts Division 4 Other Acts amended s. 89 1 (b) in paragraph (d) delete "Mental Health Act 1996." and 2 insert: 3 4 Mental Health Act 2013. 5 6 Subdivision 24 -- Young Offenders Act 1994 amended 7 89. Act amended 8 This Subdivision amends the Young Offenders Act 1994. 9 90. Section 179 amended 10 In section 179(1) delete the definition of medical treatment and 11 insert: 12 13 medical treatment includes psychiatric treatment, 14 which is treatment as defined in the Mental Health 15 Act 2013 section 4. 16
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