Schedule 2—Transitional provisions
2—Transitional provisions
(1) An order in force under section 12(1) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 1 detention and treatment order under this Act, subject to the provisions of this Act.
(2) An order in force under section 12(5) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 detention and treatment order under this Act, subject to the provisions of this Act.
(3) An order in force under section 12(6) of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 detention and treatment order under this Act, subject to the provisions of this Act.
(4) Despite subclause (3), an order continued in force under that subclause will, unless it earlier expires or is revoked, expire at 2 pm on the day 21 days after the day on which it was made.
(5) An order in force under section 13 of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 3 detention and treatment order under this Act, subject to the provisions of this Act.
(6) Despite subclause (5), an order continued in force under that subclause will, unless it is earlier revoked, expire at 2 pm on the last day of the period specified in the order as the period for which the person is to be detained under the order.
(7) An order in force under section 20 of the Mental Health Act 1993 immediately before the repeal of that Act continues in force as a level 2 community treatment order under this Act, subject to the provisions of this Act.
(8) Despite subclause (7), an order continued in force under that subclause will, unless it is earlier revoked, expire at 2 pm on the last day of the period specified in the order as the period for which the person is to given treatment under the order.
(9) An authorisation or consent given by the Board, a medical practitioner or any other person under a provision of the Mental Health Act 1993 continues to have effect for the purpose of the corresponding provision of this Act.
(10) A proceeding of the Board commenced under a provision of the Mental Health Act 1993, but not completed immediately before the repeal of that Act, may be continued and completed for the purpose of the corresponding provision of this Act.
(11) An appeal commenced under the Guardianship and Administration Act 1993 in relation to a decision or order of the Board under a provision of the Mental Health Act 1993, but not completed immediately before the repeal of the Mental Health Act 1993, may be continued and completed as if it related to a decision or order of the Board under the corresponding provision of this Act.
Legislative history
Notes
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or .
Legislation repealed by principal Act
The Mental Health Act 2009 repealed the following:
Mental Health Act 1993
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Mental Health Act 2009
11.6.2009
1.7.2010 (Gazette 24.6.2010 p3155) except s 3 community visitor, ss 47(2)(d), 48(3)(f) and Pt 8 Div 2—11.6.2011 (s 7(5) Acts Interpretation Act 1915)
Health Practitioner Regulation National Law (South Australia) Act 2010
Sch 1 (cl 22)—1.7.2010 (Gazette 1.7.2010 p3338)
Mental Health (Repeal of Harbouring Offence) Amendment Act 2010
Mental Health (Inpatient) Amendment Act 2012
21.6.2012
23.8.2012 (Gazette 2.8.2012 p3302)
Statutes Amendment (SACAT) Act 2014
11.12.2014
Pt 11 (ss 105—131)—29.3.2015 (Gazette 5.3.2015 p883)
Mental Health (Review) Amendment Act 2016
14.7.2016
Pt 2 (ss 4—84)—5.6.2017 (Gazette 30.5.2017 p1982)
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 29 (ss 174 to 179)—14.12.2017 (Gazette 12.12.2017 p4960)
Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017
12.12.2017
Pt 16 (s 122)—22.10.2018 (Gazette 19.12.2017 p5119)
Health Care (Governance) Amendment Act 2021
17.6.2021
Sch 1 (cl 1)—23.8.2021 (Gazette 29.7.2021 p2915)
Statutes Amendment (COVID-19 Permanent Measures) Act 2021
17.6.2021
Pt 7 (ss 13 to 15)—9.9.2021 (Gazette 18.8.2021 p3099)
Statutes Amendment (Spit Hood Prohibition) Act 2021
Pt 3 (s 4)—25.11.2021
Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023
23.2.2023
Pt 13 (s 29)—22.6.2023 (Gazette 15.6.2023 p1774)
Public Holidays Act 2023
7.12.2023
Sch 1 (cl 14)—1.1.2024: s 2
Children and Young People (Safety and Support) Act 2025
12.6.2025
Sch 2 (cl 31)—uncommenced
Mental Health (Community Visitor Scheme) Amendment Act 2025
11.9.2025
30.10.2025 (Gazette 30.10.2025 p4241)
Statutes Amendment (Health and Wellbeing) Act 2025
Pt 11 (ss 60 to 63)—4.12.2025: s 2(1)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002 and by 26/2012 Sch 1
s 2
omitted under Legislation Revision and Publication Act 2002
s 3
s 3(1)
s 3 redesignated as s 3(1) by 34/2016 s 5(18)
absent without leave
inserted by 34/2016 s 5(1)
advance care directive
inserted by 34/2016 s 5(1)
approved treatment centre
amended by 34/2016 s 5(2)
authorised community mental health facility
inserted by 34/2016 s 5(3)
authorised health professional
deleted by 34/2016 s 5(3)
authorised medical practitioner
amended by 34/2016 s 5(4)
authorised mental health professional
inserted by 34/2016 s 5(5)
authorised officer
amended by 34/2016 s 5(6)
Board
deleted by 26/2014 s 105(1)
business day
deleted by 39/2023 Sch 1 cl 14
1.1.2024
Chief Executive
amended by 34/2016 s 5(7)
decision
inserted by 26/2014 s 105(2)
Department
inserted by 34/2016 s 5(8)
director
substituted by 34/2016 s 5(9)
detention and treatment order
deleted by 26/2012 s 4(1)
incorporated health service
inserted by 69/2025 s 60
incorporated hospital
inserted by 69/2025 s 60
inpatient
inpatient treatment order
internal review
inserted by 26/2014 s 105(3)
involuntary inpatient
leave of absence
level 1 inpatient treatment order
level 1 detention and treatment order amended to read level 1 inpatient treatment order by 26/2012 Sch 1
level 2 inpatient treatment order
level 2 detention and treatment order amended to read level 2 inpatient treatment order by 26/2012 Sch 1
level 3 inpatient treatment order
level 3 detention and treatment order amended to read level 3 inpatient treatment order by 26/2012 Sch 1
limited treatment centre
amended by 34/2016 s 5(10)
medical examination
amended by 34/2016 s 5(11)
medical practitioner
substituted by 5/2010 Sch 1 cl 22(1)
patient
amended by 26/2012 s 4(3), Sch 1
substituted by 34/2016 s 5(12)
patient assistance request
inserted by 34/2016 s 5(13)
patient at large
amended by 26/2012 s 4(4), Sch 1
deleted by 34/2016 s 5(13)
Prescribed Psychiatric Treatment Panel or Panel
inserted by 34/2016 s 5(14)
psychiatrist
substituted by 5/2010 Sch 1 cl 22(2)
restrictive practice
inserted by 34/2016 s 5(15)
substitute decision-maker
inserted by 34/2016 s 5(16)
Tribunal
inserted by 26/2014 s 105(4)
voluntary community patient
inserted by 34/2016 s 5(17)
voluntary patient
deleted by 26/2012 s 4(5)
voluntary inpatient
inserted by 26/2012 s 4(5)
s 3(2) and (3)
inserted by 34/2016 s 5(18)
s 4
s 4(1)
amended by 34/2016 s 6(1)
s 4(3)
inserted by 34/2016 s 6(2)
s 5
s 5(1)
amended by 34/2016 s 7
s 5A
inserted by 34/2016 s 8
Pt 2
s 6
amended by 34/2016 s 9
s 7
s 7(1)
amended by 26/2014 s 106
amended by 34/2016 s 10(1)—(4)
s 7(2)
mental health services
amended by 34/2016 s 10(5)
patient
inserted by 34/2016 s 10(6)
Pt 3
s 8
s 8(1) and (2)
s 9
s 9(1)
amended by 34/2016 s 11
Pt 4
s 10
s 10(1)
amended by 34/2016 s 12(1)—(3)
s 10(3)
amended by 34/2016 s 12(4)
s 10(4)
amended by 34/2016 s 12(5)
s 10(5)
substituted by 34/2016 s 12(6)
s 10(6)
amended by 34/2016 s 12(1)
s 10(7), note
s 10(8)
amended by 34/2016 s 12(7)
s 11
s 11(1)
amended by 26/2014 s 107(1)
amended by 34/2016 s 13(1)
s 11(2)
substituted by 26/2014 s 107(2)
amended by 34/2016 s 13(2)
deleted by 51/2017 s 174
s 12
s 12(1)
amended by 34/2016 s 14(1)
s 12(2)
amended by 34/2016 s 14(1), (2)
s 12(3)
amended by 34/2016 s 14(1)
s 15 before deletion by 34/2016
s 15(1)—(3)
amended by 26/2014 s 108(1)
s 15(4)
inserted by 26/2014 s 108(2)
s 15
deleted by 34/2016 s 15
s 16
s 16(1)
amended by 34/2016 s 16(1), (2)
s 16(3)
(b) deleted by 34/2016 s 16(3)
s 16(4)
s 16(4a)
inserted by 51/2017 s 175
s 16(6)
amended by 26/2014 s 109(1)—(3)
s 16(7) and (8)
s 17
amended by 26/2014 s 110(1), (2)
Pt 5
Pt 5 Div 1
s 20
s 20(1) and (2)
Pt 5 Div 2
s 21
s 21(1)
amended by 34/2016 s 17(1)—(3)
s 21(2)
s 21(3)
amended by 34/2016 s 17(4)
s 21(4)
s 21(5)
s 21(6)
amended by 34/2016 s 17(1)
s 21(7), note
s 21(8)
amended by 34/2016 s 17(5)
s 22
s 22(1)
amended by 26/2014 s 111(1)
amended by 34/2016 s 18(1)
s 22(2)
substituted by 26/2014 s 111(2)
amended by 34/2016 s 18(2)
substituted by 51/2017 s 176
s 23
s 23(1)
amended by 34/2016 s 19(1)
s 23(2)
amended by 34/2016 s 19(1), (2)
s 23(3)
amended by 34/2016 s 19(1)
s 23(4)
s 23(5)
s 24
s 24(1)
amended by 34/2016 s 20(1)
s 24(3)
s 24(5)
amended by 34/2016 s 20(2)
Pt 5 Div 3
s 25
s 25(1)
s 25(2)
amended by 34/2016 s 21(1), (2)
s 25(3)
s 25(5)
amended by 34/2016 s 21(3)
s 25(6)
amended by 34/2016 s 21(4)
s 25(7)
deleted by 26/2012 Sch 1
inserted by 34/2016 s 21(5)
s 25(8), note
s 25(9)
amended by 34/2016 s 21(6)
s 26
s 26(1)
amended by 26/2014 s 112(1)
amended by 34/2016 s 22(1)
s 26(2)
substituted by 26/2014 s 112(2)
amended by 34/2016 s 22(2)
substituted by 51/2017 s 177
s 26(4)
s 26(5)
amended by 26/2014 s 112(3)
s 27
s 27(1)
s 27(2)
amended by 34/2016 s 23
s 27(4)
s 27(5)
s 28
s 28(1)
amended by 34/2016 s 24(1)
s 28(4)
amended by 34/2016 s 24(2)
note
Pt 5 Div 4
s 29
s 29(1)
amended by 34/2016 s 25(1), (2)
s 29(2)
s 29(3)
amended by 34/2016 s 25(3)
s 29(4)
s 29(4a)
inserted by 51/2017 s 178
s 29(5)
s 29(6), (7) and note
s 30
amended by 26/2014 s 114(1), (2)
s 31
s 31(1)
amended by 34/2016 s 26(1)
s 31(4)
amended by 34/2016 s 26(2)
note
Pt 5 Div 5
s 32
s 33
s 33(1), (2) and note
s 34
substituted by 26/2012 s 5
s 34A
inserted by 26/2012 s 5
s 34A(2)
amended by 34/2016 s 27
s 35
s 35(1), note, (2) and (3)
s 35(6)
amended by 34/2016 s 28
s 36
s 36(1)
amended by 34/2016 s 29
s 37
s 37(1)
amended by 34/2016 s 30
s 38
s 38(1)
amended by 34/2016 s 31
Pt 6
s 39
s 39(1)
amended by 34/2016 s 32(1)
s 39(2)
amended by 34/2016 s 32(2), (3)
s 39(3)
inserted by 34/2016 s 32(4)
s 40
s 40(2)
amended by 34/2016 s 33
s 41
s 41(1)
s 41(2)
amended by 34/2016 s 34
Pt 7
Pt 7 Div A1
inserted by 34/2016 s 35
Pt 7 Div 1
s 42
s 42(1)
amended by 26/2012 s 6(1)
amended by 26/2014 s 115
amended by 34/2016 s 36(1)
s 42(4)
substituted by 34/2016 s 36(2)
s 42(5)
amended by 26/2014 s 115
s 42(7)
amended by 34/2016 s 36(3)
s 42(9)
(a) deleted by 26/2012 s 6(2)
Pt 7 Div 2
s 43
s 43(1)
amended by 26/2014 s 116
amended by 34/2016 s 37(1)
s 43(1a)
inserted by 34/2016 s 37(2)
s 43(2)
amended by 26/2014 s 116
s 43(2a)
inserted by 34/2016 s 37(3)
s 44
s 44(4)
inserted by 34/2016 s 38
Pt 8
s 45
s 45(1)
amended by 34/2016 s 39
s 45(2)
amended by 34/2016 s 39
s 46
s 46(1)
amended by 26/2014 s 117(1)
amended by 34/2016 s 40
s 46(2)—(4)
amended by 26/2014 s 117(2)
s 47
s 47(1) and (3)
s 48
s 48(2)
s 48(3)
amended by 26/2014 s 118
s 48A
inserted by 47/2021 s 4
s 50
s 50(4)
deleted by 34/2016 s 41
s 50
substituted by 37/2025 s 3
s 50A
inserted by 37/2025 s 3
s 51
s 51(1)
amended by 34/2016 s 42(1)
s 51(3)
inserted by 34/2016 s 42(2)
amended by 69/2025 s 61(1), (2)
s 51A
inserted by 34/2016 s 43
s 51A(1)
substituted by 37/2025 s 4
s 52
s 52(1)
substituted by 34/2016 s 44(1)
amended by 25/2021 s 13
amended by 37/2025 s 5(1), (2)
s 52(2)
substituted by 34/2016 s 44(1)
deleted by 37/2025 s 5(3)
s 52(3)
amended by 34/2016 s 44(2)
s 52(4)
amended by 37/2025 s 5(4)
s 52(5)
amended by 37/2025 s 5(5)
s 52(7)
deleted by 34/2016 s 44(3)
s 52A
inserted by 34/2016 s 45
s 52A(1)
amended by 25/2021 s 14
amended by 37/2025 s 6(1), (2)
s 52A(2)
deleted by 37/2025 s 6(3)
s 52A(4)
amended by 37/2025 s 6(4)
s 52A(5)
amended by 37/2025 s 6(5)
s 52A(7)
inserted by 37/2025 s 6(6)
s 52B
inserted by 25/2021 s 15
s 53
s 53(2)
s 54
s 54(1)
amended by 34/2016 s 46
Pt 9
s 54A
inserted by 34/2016 s 47
s 55
s 55(1)
amended by 34/2016 s 48(1), (2)
s 55(2)
amended by 34/2016 s 48(3)
s 55(3)
amended by 34/2016 s 48(4)
s 56
s 56(1)
amended by 34/2016 s 49(1), (2)
s 56(4)
amended by 34/2016 s 49(3)—(5)
s 57
s 57(1)
amended by 34/2016 s 50(1), (2)
s 57(2)
amended by 34/2016 s 50(3)
s 57(5)
amended by 34/2016 s 50(4), (5)
s 57(10)
s 58A
inserted by 34/2016 s 51
Pt 10
s 61
another jurisdiction
inserted by 34/2016 s 52(1)
corresponding law
substituted by 34/2016 s 52(1)
interstate community treatment order
interstate inpatient
inserted by 26/2012 Sch 1
interstate inpatient treatment order
interstate detention and treatment order amended to read interstate inpatient treatment order by 26/2012 Sch 1
interstate patient absent without leave
inserted by 34/2016 s 52(2)
interstate patient at large
deleted by 34/2016 s 52(2)
interstate treatment centre
South Australian inpatient treatment
South Australian detention and treatment order amended by, and amended to read South Australian inpatient treatment order by, 26/2012 Sch 1
s 63
s 63(1)
amended by 34/2016 s 53(1)
s 63(2)
amended by 34/2016 s 53(2)
s 64
amended by 34/2016 s 54
s 66
s 66(3) and (4)
substituted by 34/2016 s 55
s 66(5) and (6)
inserted by 34/2016 s 55
s 67
s 67(1)
s 67 amended and redesignated as s 67(1) by 34/2016 s 56(1), (2)
s 67(2)
inserted by 34/2016 s 56(2)
s 68
s 68(1)
s 68 redesignated as 68(1) by 34/2016 s 57
s 68(2)—(8)
inserted by 34/2016 s 57
s 69
s 69(2a) and (2b)
inserted by 34/2016 s 58
s 70
s 70(1)
substituted by 34/2016 s 59(1)
s 70(3)
amended by 34/2016 s 59(2)
s 70(4)
amended by 26/2014 s 119
amended by 34/2016 s 59(3)
s 70(5)
amended by 34/2016 s 59(4)
s 70(6)
amended by 34/2016 s 59(5)
s 70(7)
inserted by 34/2016 s 59(6)
s 71
s 71(1)
substituted by 34/2016 s 60(1)
s 71(2)
amended by 34/2016 s 60(2)
s 71(2a) and (2b)
inserted by 34/2016 s 60(3)
s 71(3)
s 72
s 72(1)
amended by 34/2016 s 61(1), (2)
s 72(2)
substituted by 34/2016 s 61(3)
s 72(3)
amended by 34/2016 s 61(4)
s 73
substituted by 34/2016 s 62
s 74
s 74(1)
amended by 34/2016 s 63(1)
s 74(3)
substituted by 34/2016 s 63(2)
s 75
s 75(2)
amended by 34/2016 s 64(1), (2)
s 75(4)
substituted by 34/2016 s 64(3)
s 75(5)
interstate authorised mental health professional
interstate authorised health professional amended to read interstate authorised mental health professional by 34/2016 s 64(4)
s 76
s 76(1)
amended by 34/2016 s 65(1)—(3)
s 76(2a) and (2b)
inserted by 34/2016 s 65(4)
s 76(4)
amended by 34/2016 s 65(5)
s 76(5)
substituted by 34/2016 s 65(6)
s 76(6)
amended by 34/2016 s 65(7)
s 77
s 77(1)
amended by 34/2016 s 66(1)
s 77(3)
amended by 34/2016 s 66(2)
s 77(4)
substituted by 34/2016 s 66(3)
s 77(5)
amended by 34/2016 s 66(4)
s 78
s 78(2)
substituted by 34/2016 s 67
Pt 11
Div 1 heading
deleted by 26/2014 s 120
s 79
s 79(1)
(a) deleted by 34/2016 s 68(1)
amended by 34/2016 s 68(2)
s 79(2)
s 79(3) and (4)
s 79(5)
inserted by 26/2014 s 121(2)
s 80
s 80(1) and (2)
amended by 26/2014 s 122
s 80(3)
amended by 26/2014 s 122
Div 2 heading
deleted by 26/2014 s 123
s 81
s 81(1)
amended by 26/2014 s 124(1), (2)
amended by 34/2016 s 69(1)
s 81(1a)
inserted by 26/2014 s 124(3)
deleted by 34/2016 s 69(2)
s 81(2)
amended by 26/2014 s 124(4), (5)
s 81(2a)
inserted by 26/2014 s 124(6)
amended by 34/2016 s 69(3)
s 81(2b)—(2d)
inserted by 51/2017 s 179
s 81(3)
amended by 26/2014 s 124(7), (8)
s 81(4)
substituted by 26/2014 s 124(9)
deleted by 34/2016 s 69(4)
s 81(5)
amended by 26/2014 s 124(10)—(12)
deleted by 34/2016 s 69(4)
s 82
deleted by 26/2014 s 125
s 83
s 83(1)
amended by 26/2014 s 126(1), (2)
s 83(2)
amended by 26/2014 s 126(3)
s 83(3)
amended by 26/2014 s 126(4)
s 83A
inserted by 26/2014 s 127
s 84
substituted by 26/2014 s 127
s 84(1)
amended by 4/2023 s 29
22.6.2023
s 85
deleted by 26/2014 s 127
Pt 11A
inserted by 26/2014 s 127
s 85
s 85(1)
amended by 34/2016 s 70
Pt 12
Pt 12 Div 1
s 86
amended by 64/2017 s 122
22.10.2018
amended by 25/2025 Sch 2 cl 31
uncommenced—not incorporated
Pt 12 Div 2
s 90
s 90(1)
amended by 34/2016 s 71(1)—(3)
s 90(2)
amended by 34/2016 s 71(4)
s 90(3)
amended by 69/2025 s 62(1), (2)
s 90(4)
amended by 69/2025 s 62(3), (4)
s 90(5)
inserted by 34/2016 s 71(5)
amended by 69/2025 s 62(5), (6)
s 90(6) and (7)
inserted by 34/2016 s 71(5)
s 92
s 92(1)
amended by 34/2016 s 72
Pt 12 Div 3
s 93
s 93(1)
amended by 34/2016 s 73(1)
s 93(2)
amended by 34/2016 s 73(2), (3)
s 93(3)
inserted by 34/2016 s 73(4)
Pt 12 Div 4
substituted by 34/2016 s 74
s 94
s 94(1)
amended by 34/2016 s 75(1), (2)
s 94(2)
amended by 34/2016 s 75(3), (4)
s 94(3)
inserted by 34/2016 s 75(5)
s 95
s 95(1)
amended by 34/2016 s 76(1), (2)
s 95(2)
amended by 34/2016 s 76(3)
Pt 12 Div 5
s 96
s 96(1)
amended by 34/2016 s 77(1)
s 96(2)
amended by 34/2016 s 77(2), (3)
s 97
s 97(1)
amended by 34/2016 s 78(1)
s 97(2)
amended by 34/2016 s 78(2), (3)
s 97A
inserted by 34/2016 s 79
s 98 before deletion by 34/2016
s 98(1)
s 98
deleted by 34/2016 s 80
s 99 before deletion by 34/2016
s 99(1) and (2)
s 99
deleted by 34/2016 s 80
Pt 13
s 101
s 101(2)
amended by 26/2012 s 7
amended by 26/2014 s 128
s 102
s 102(1), (3) and (4)
amended by 34/2016 s 81
s 102(5)
s 103
amended by 34/2016 s 82
s 104
s 105
deleted by 9/2010 s 3
s 106
s 106(1)
amended by 21/2021 Sch 1 cl 1(1)
amended by 69/2025 s 63(1), (2)
s 106(2)
amended by 21/2021 Sch 1 cl 1(2)
amended by 69/2025 s 63(3)—(5)
s 106(4)
s 106(5)
legal practitioner
inserted by 69/2025 s 63(6)
personal representative
inserted by 69/2025 s 63(7)
South Australia Police
inserted by 69/2025 s 63(7)
s 107
s 107(2) and (3)
amended by 26/2014 s 129
s 108
amended by 26/2014 s 130
s 109
(f) deleted by 34/2016 s 83
s 111
amended by 34/2016 s 84
Sch 2
cl 1
omitted under Legislation Revision and Publication Act 2002
Transitional etc provisions associated with Act or amendments
Mental Health (Inpatient) Amendment Act 2012, Sch 2—Transitional provisions
1—Level 1 detention and treatment order
A level 1 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 1 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.
2—Level 2 detention and treatment order
A level 2 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 2 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.
3—Level 3 detention and treatment order
A level 3 detention and treatment order in force immediately before the commencement of this clause continues in force as a level 3 inpatient treatment order, subject to the provisions of the Mental Health Act 2009.
4—Purported detention and treatment orders after commencement
If a person purports, after the commencement of this clause, to make a detention and treatment order under the Mental Health Act 2009, it will be taken for the purposes of that Act to be an inpatient treatment order of the same level as the purported detention and treatment order.
Statutes Amendment (SACAT) Act 2014
131—Transitional provisions
(1) In this section—
Guardianship Board means the Guardianship Board established under the Guardianship and Administration Act 1993;
principal Act means the Mental Health Act 2009;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal.
(2) The Tribunal will conduct a review under section 15 of the principal Act in respect of any order for which notice is given on or after the relevant day.
(3) An order, consent or decision of the Guardianship Board under the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be an order, consent or decision of the Tribunal.
(4) A right to make any application or referral, or to seek a review or to institute an appeal, under the principal Act with respect to any matter in existence before the relevant day, with the effect that the relevant proceedings would have been commenced before the Guardianship Board, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
(5) Any proceedings before the Guardianship Board under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before the Tribunal.
(6) The Tribunal may—
(a) receive in evidence any transcript of evidence in proceedings before the Guardianship Board, and draw any conclusions of fact from that evidence that appear proper; and
(b) adopt any findings or determinations of the Guardianship Board that may be relevant to proceedings before the Tribunal; and
(c) adopt or make any decision (including a decision in the nature of a consent), direction or order in relation to proceedings before the Guardianship Board before the relevant day (including so as to make a decision or give a consent, direction or order, in relation to proceedings fully heard before the relevant day); and
(d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.
(7) Nothing in this section affects a right to appeal to the Administrative and Disciplinary Division of the District Court against a decision, direction or order of the Guardianship Board made or given before the relevant day.
(8) A reference in subsection (5) to proceedings before the Guardianship Board will be taken to include a reference to a review being conducted under section 79 of the principal Act.
Mental Health (Community Visitor Scheme) Amendment Act 2025, Sch 1—Transitional provision
1—Continuation of appointments of Community Visitors
(1) An appointment of a person to a position of Community Visitor in force under section 50 of the Mental Health Act 2009 immediately before the commencement of this clause continues in force as if it were an appointment by the Minister under section 50A of the Mental Health Act 2009.
(2) Subject to the Mental Health Act 2009, an appointment continued under subclause (1) has effect on the conditions, and for the remainder of the term, specified in the instrument of appointment.
Historical versions