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This is a Bill, not an Act. For current law, see the Acts databases.


MENTAL HEALTH LEGISLATION AMENDMENT BILL 2013

                      Western Australia


Mental Health Legislation Amendment Bill 2013

                            Contents

        Part 1 -- Preliminary matters
   1.   Short title                                                 2
   2.   Commencement                                                2
        Part 2 -- Mental Health Act 1996
             amended
   3.   Act amended                                                 3
   4.   Section 16A inserted                                        3
        16A.     Acting Chief Psychiatrist                     3
   5.   Section 16 amended                                          4
   6.   Section 17 inserted                                         4
        17.      Application of Health Legislation
                 Administration Act 1984 section 9             4
   7.   Sections 217 to 219 inserted                                5
        217.     Validation of acts and omissions of
                 psychiatrists acting as Chief Psychiatrist    5
        218.     Validations relating to certain delegations
                 made under Health Legislation
                 Administration Act 1984                       5
        219.     Validation of certain acts and omissions of
                 medical practitioners                         6

        Part 3 -- Mental Health Act 2013
             amended
   8.   Act amended                                                 8
   9.   Parts 28 and 29 inserted                                    8
        Part 28 -- Repeals
        586.     Acts repealed                                 8
        587.     Regulations repealed                          8




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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




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Subdivision 3 -- Examination at place other than
      authorised hospital
605.     Receival of person at place other than
         authorised hospital                          20
606.     Examination for purposes of referral made
         under 1996 Act s. 29(2)(b)                   20
607.     Detention of person for assessment at
         authorised hospital (1996 Act s. 39 and
         40)                                          21
608.     Assessment because of order made under
         1996 Act s. 39(1)                            21
609.     Order made in respect of person detained
         for assessment (1996 Act s. 40(1)(b))        22
610.     Transport to authorised hospital (1996 Act
         s. 41)                                       22
Subdivision 4 -- Detention in authorised hospital
611.     Transfer to another authorised hospital
         (1996 Act s. 46)                             23
612.     Period of detention specified in order
         (1996 Act s. 48)                             23
613.     Examination of patient within detention
         period (1996 Act s. 49(1) and 50(1))         23
614.     Order made on examination within
         detention period (1996 Act s. 49(3)
         including as applied by s. 50(2))            24
615.     Order made at any time (1996 Act s. 52)      25
Subdivision 5 -- Absence without leave and leave of
      absence
616.     Absence without leave (1996 Act s. 57)       25
617.     Apprehension of person absent without
         leave (1996 Act s. 58)                       25
618.     Grant of leave (1996 Act s. 59)              26
619.     Monitoring of involuntary inpatient on
         leave (1996 Act s. 62)                       26
620.     Release of involuntary inpatient while on
         leave (1996 Act s. 63)                       27
Subdivision 6 -- Treatment of involuntary patient in
      community
621.     Community treatment order made under
         general power (1996 Act s. 67)               28
622.     Confirmation of community treatment
         order (1996 Act s. 69)                       28
623.     Order made on revocation of community
         treatment order (1966 Act s. 70)             28
624.     Transport to authorised hospital (1996 Act
         s. 71)                                       29
625.     Review by supervising psychiatrist (1996
         Act s. 75)                                   29


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              626.      Extension of community treatment order
                        (1996 Act s. 76)                             30
              627.      Examination and report by authorised
                        medical practitioner (1996 Act s. 77)        30
              628.      Variation of community treatment order
                        (1996 Act s. 79)                             31
              629.      Notice of breach (1996 Act s. 81)            32
              630.      Order to attend if breach continues (1996
                        Act s. 82)                                   32
              631.      Order for police assistance (1996 Act
                        s. 84)                                       32
              Division 4 -- Treatment of patients
              632.      Informed consent (1996 Act Pt. 5 Div. 2)     33
              633.      Psychosurgery: approval already given
                        (1996 Act s. 101)                            33
              634.      Psychosurgery: application for approval
                        pending (1996 Act s. 102)                    33
              635.      Electroconvulsive therapy: course of
                        treatment commenced before
                        commencement day                             33
              636.      Electroconvulsive therapy:
                        recommendation referred to Mental Health
                        Review Board (1996 Act s. 106)               34
              637.      Other medical treatment that is not
                        psychiatric treatment (1996 Act s. 110)      34
              638.      Second opinion requested (1996 Act
                        s. 111)                                      34
              639.      Dissatisfaction with second opinion (1996
                        Act s. 112)                                  35
              640.      Seclusion (1996 Act s. 119)                  36
              641.      Mechanical bodily restraint (1996 Act
                        s. 123)                                      36
              Division 5 -- Mental Health Review Board
              Subdivision 1 -- President and other members of
                     Board
              642.      Appointment to Mental Health Tribunal
                        (1996 Act s. 126 and Sch. 1)                 36
              Subdivision 2 -- Reviews and inquiries
              643.      Initial review after commencement day
                        (1996 Act s. 138)                            37
              644.      First periodic review after commencement
                        day (1996 Act s. 139)                        38
              645.      Application for review pending before
                        commencement day (1996 Act s. 142)           40
              646.      Suspension of order or restraint of action
                        pending review (1996 Act s. 143)             40
              647.      Board initiated review (1996 Act s. 144)     40



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648.      Order that community treatment order be
          made (1996 Act s. 145(2)(b))                    40
649.      Complaints to Board (1996 Act s. 146)           41
650.      Enquiries directed by Minister (1996 Act
          s. 147)                                         41
651.      Final report about activities of Mental
          Health Review Board (1996 Act s. 148)           42
652.      Records and proceedings of Mental
          Health Review Board                             42
Subdivision 3 -- Applications to State
       Administrative Tribunal
653.      Applications for review or determination of
          questions of law (1996 Act Pt. 6 Div. 2A)       42
Subdivision 4 -- Appeals from State Administrative
       Tribunal
654.      Appeals to Supreme Court (1996 Act Pt. 6
          Div. 3)                                         43
Division 6 -- Protection of patient's rights
655.      Interview with psychiatrist requested by
          patient (1996 Act s. 164)                       43
656.      Personal possessions left at authorised
          hospital (1996 Act s. 165(3))                   44
657.      Order restricting or denying patient's rights
          (1996 Act s. 169)                               44
658.      Application for review of order restricting
          or denying patient's right (1996 Act s. 170)    44
Division 7 -- Community support services
659.      Funding and services agreements (1996
          Act s. 174)                                     44
Division 8 -- Council of Official Visitors
660.      Matters generally                               45
661.      Request for visit by official visitor (1996
          Act s. 189)                                     45
662.      Exercise of powers by official visitors and
          panels (1996 Act s. 190)                        46
663.      Reports requested by Minister (1996 Act
          s. 192(2))                                      46
664.      Final report about activities of official
          visitors (1996 Act s. 192(3))                   47
665.      Records of Council of Official Visitors         48
Division 9 -- Other matters under 1996 Act
666.      Person taken into protective custody
          (1996 Act s. 195)                               48
667.      Examination of person arrested (1996 Act
          s. 196)                                         48
668.      Things seized by police officer (1996 Act
          s. 197)                                         49


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Mental Health Legislation Amendment Bill 2013



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              669.      Review of determination of capacity to
                        vote (1996 Act s. 203)                        49
              670.      Records of patients (1996 Act s. 204)         49
              671.      Request for information about patient or
                        person detained (1996 Act s. 205)             49
              672.      Inquiries (1996 Act Pt. 10 Div. 5)            49
              673.      Rectification of referrals and orders (1996
                        Act s. 212)                                   50
              Division 10 -- Miscellaneous matters
              674.      Transitional regulations                      50
              675.      Interpretation Act 1984 not affected          52

              Part 4 -- Amendments to other Acts
              Division 1 -- Criminal Law (Mentally Impaired
                    Accused) Act 1996 amended
      10.     Act amended                                                  53
      11.     Section 3 amended                                            53
      12.     Section 5 amended                                            54
      13.     Section 6 amended                                            55
      14.     Section 23 amended                                           55
      15.     Section 24 amended                                           55
      16.     Section 25 amended                                           56
      17.     Section 31 amended                                           56
      18.     Section 32 amended                                           56
              Division 2 -- Guardianship and Administration
                    Act 1990 amended
      19.     Act amended                                                  57
      20.     Section 3 amended                                            57
      21.     Section 110ZH amended                                        57
      22.     Schedule 5 Division 1 heading inserted                       57
              Division 1 -- Transitional matters for Guardianship
                     and Administration Act 1990
      23.     Schedule 5 clause 1A inserted                                58
              1A.       Application of this Division                  58
      24.     Schedule 5 Division 2 inserted                               58
              Division 2 -- Transitional matters in connection with
                     Mental Health Act 2013
              7.        Estates being managed by Public Trustee
                        under Division 1                           58
              Division 3 -- Hospitals and Health Services
                    Act 1927 amended
      25.     Act amended                                                  59


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                                                        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

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      52.     Section 142 amended                                         67
              Subdivision 9 -- Cross-border Justice Act 2008
                    amended
      53.     Act amended                                                 67
      54.     Section 95 amended                                          67
              Subdivision 10 -- Dangerous Sexual Offenders
                    Act 2006 amended
      55.     Act amended                                                 68
      56.     Section 3 amended                                           68
              Subdivision 11 -- Electoral Act 1907 amended
      57.     Act amended                                                 68
      58.     Section 40 amended                                          68
      59.     Section 51A amended                                         68
      60.     Section 51AA amended                                        69
              Subdivision 12 -- Gaming and Wagering Commission
                    Act 1987 amended
      61.     Act amended                                                 69
      62.     Section 12 amended                                          69
              Subdivision 13 -- Health and Disability Services
                    (Complaints) Act 1995 amended
      63.     Act amended                                                 70
      64.     Section 3A replaced                                         70
              3A.      Act to be read with other legislation about
                       health and disability complaints              70
              Subdivision 14 -- Health Legislation Administration
                    Act 1984 amended
      65.     Act amended                                                 70
      66.     Section 3 amended                                           70
      67.     Section 6 amended                                           71
              Subdivision 15 -- Juries Act 1957 amended
      68.     Act amended                                                 71
      69.     Section 5 amended                                           71
              Subdivision 16 -- Land Administration Act 1997
                    amended
      70.     Act amended                                                 71
      71.     Section 21 amended                                          72
              Subdivision 17 -- National Health Funding Pool
                    Act 2012 amended
      72.     Act amended                                                 72


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                                                         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


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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



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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.




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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.




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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).


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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.

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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).




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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).




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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)


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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).




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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

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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

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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



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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


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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

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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.


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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

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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.




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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.



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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.




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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


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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).



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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.




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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.

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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)

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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.




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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


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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



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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.


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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.


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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).



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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.




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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.



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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).


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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.




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                         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.




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                         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




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                                            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


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     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

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                                       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).




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     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




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                                              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.



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     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


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                              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.



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     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.




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                               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



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     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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