1996Act means the *Mental Health Act 1996* repealed by section 588;

1996 Act means the *Mental Health Act 1996* repealed by section 588; commencement day means the day on which Part 28 comes into operation; continued community treatment order — (a) means a community treatment order to which section 606(3), 611(3), 616(3), 617(1), 621(3), 622(3) or 623(1) applies; and (b) includes a community treatment order referred to in paragraph (a) as extended by an extension to which section 628(1) applies or as varied by a variation to which section 630(1), (2) or (3) applies; continued inpatient treatment order means — (a) an order that a person be admitted to, and detained at, an authorised hospital to which section 606(1), 611(1) or 625(1) applies; or (b) an order that a person continue to be detained at an authorised hospital to which section 616(1) applies; continued involuntary treatment order means — (a) a continued community treatment order; or (b) a continued inpatient treatment order. [Section 590 inserted: No. 25 of 2014 s. 9.] ### Division 2 — Administrative provisions #### Subdivision 1 — Chief Psychiatrist ##### 591. First Chief Psychiatrist (1996 Act s. 8) (1) The person who, immediately before commencement day, held under the *Public Sector Management Act 1994* Part 3 the office of the Chief Psychiatrist referred to in the 1996 Act section 8 is taken to be appointed under section 508(1) as the Chief Psychiatrist. (2) The person holds office for the period, beginning on commencement day, that is equal to the balance of the person’s term of office that remained under the *Public Sector Management Act 1994* Part 3 immediately before commencement day. (3) Except as otherwise agreed by the person, the operation of subsection (1) does not — (a) affect the person’s pay, as that term is defined in the *Public Sector Management (Redeployment and Redundancy) Regulations 2014* regulation 3(1); or (b) affect the person’s existing or accruing rights in respect of annual leave, long service leave, sick leave or any other leave; or (c) affect any rights under a superannuation scheme. (4) If the person ceases to be the Chief Psychiatrist and becomes a public service officer, the person’s service as the Chief Psychiatrist is to be regarded as service in the Public Service for the purposes of determining the person’s rights as a public service officer and, if applicable, for the purposes of the *Superannuation and Family Benefits Act 1938*. [Section 591 inserted: No. 25 of 2014 s. 9; amended: No. 36 of 2015 s. 7.] ##### 592. Review of psychiatrists’ decisions about involuntary patients (1996 Act s. 12) (1) An instruction that was in force under the 1996 Act section 12(2) immediately before commencement day is taken to be a direction given under section 520(4)(b), but a psychiatrist who does not comply with an instruction to which this subsection applies does not commit an offence under section 520(6). (2) A review under the 1996 Act section 12(1) that was started but not completed before commencement day must be dealt with as if the 1996 Act section 12 were still in force, but an instruction given under the 1996 Act section 12(2) as a result of the review is taken to be a direction given under section 520(4)(b). [Section 592 inserted: No. 25 of 2014 s. 9; amended: No. 36 of 2015 s. 8.] ##### 593. Inspections of relevant premises (1996 Act s. 13) (1) Any information obtained by the Chief Psychiatrist in the course of a visit to the premises of a psychiatric health service under the 1996 Act section 13(2) (whether or not the visit was completed before commencement day) is taken to be information obtained by the Chief Psychiatrist in the course of a visit to a mental health service under section 521(1). (2) A visit to the premises of a psychiatric health service by the Chief Psychiatrist under the 1996 Act section 13(2) that was started but not completed before commencement day can be completed by the Chief Psychiatrist under section 521(1) as a visit to a mental health service. [Section 593 inserted: No. 25 of 2014 s. 9.] ##### 594. Records of Chief Psychiatrist The records of the office of the Chief Psychiatrist referred to in the 1996 Act section 8 are taken to be the records of the office of the Chief Psychiatrist referred to in section 508(1). [Section 594 inserted: No. 25 of 2014 s. 9.] #### Subdivision 2 — Authorised practitioners ##### 595. Authorised mental health practitioners (1996 Act s. 20) (a) in respect of whom an order under the 1996 Act section 20 was in force immediately before commencement day; and (b) who is a mental health practitioner as defined in section 4. (2) The person is taken to be an authorised mental health practitioner as defined in section 4 — (a) who is designated as such by the order to which subsection (3) applies; and (b) who, in performing the functions of an authorised mental health practitioner, is subject to the limits to which subsection (3) applies. (3) The order referred to in subsection (1)(a) is taken to be an order made under section 539 specifying as the limits within which the functions of an authorised mental health practitioner can be performed by the person the limits that were specified under the 1996 Act section 20 immediately before commencement day as the limits within which the person could have performed the functions of an authorised mental health practitioner under that Act. [Section 595 inserted: No. 25 of 2014 s. 9.] #### Subdivision 3 — Authorised hospitals ##### 596. Authorisation of public hospitals (1996 Act s. 21) (1) This section applies in relation to a public hospital, or part of a public hospital, in respect of which an order under the 1996 Act section 21 was in force immediately before commencement day. (2) The hospital or part of the hospital is taken to be an authorised hospital as defined in section 4 that is authorised by the order to which subsection (3) applies. (3) The order referred to in subsection (1) is taken to be an order made under section 542. [Section 596 inserted: No. 25 of 2014 s. 9.] #### Subdivision 4 — Registrar and staff of Mental Health Review Board ##### 597. Registrar (1996 Act s. 22(a)) (1) This section applies to the person who, immediately before commencement day, held for the purposes of the 1996 Act section 22(a) an appointment under the *Public Sector Management Act 1994* Part 3 as Registrar of the Mental Health Review Board. (2) For the purposes of section 483, the person is taken to be appointed under the *Public Sector Management Act 1994* Part 3 as the registrar of the Mental Health Tribunal on the terms and conditions that were applicable to the appointment referred to in subsection (1) immediately before commencement day. [Section 597 inserted: No. 25 of 2014 s. 9.] ##### 598. Other staff (1996 Act s. 22(b)) (1) This section applies to a person who, immediately before commencement day, held for the purposes of the 1996 Act section 22(b) an appointment under the *Public Sector Management Act 1994* Part 3 as an officer to assist with the performance of the functions of the Registrar of the Mental Health Review Board under the 1996 Act. (2) For the purposes of section 486, the person is taken to be appointed under the *Public Sector Management Act 1994* Part 3 as an officer to assist the registrar of the Mental Health Tribunal in performing his or her functions under this Act or another written law on the terms and conditions that were applicable to the appointment referred to in subsection (1) immediately before commencement day. [Section 598 inserted: No. 25 of 2014 s. 9.] ### Division 3 — Involuntary patients #### Subdivision 1 — Referral for examination ##### 599. Referral for examination of person (1996 Act s. 29) (1) A referral that was in force under the 1996 Act section 29(1) and (2)(a) immediately before commencement day is taken to be a referral made under section 26(2) for an examination to be conducted by a psychiatrist at an authorised hospital. (2) The person who is under the referral is taken to be a person who is referred under section 26(2). (3) A referral that was in force under the 1996 Act section 29(1) and (2)(b) immediately before commencement day is taken to be a referral made under section 26(3)(a) for an examination to be conducted by a psychiatrist at a place that is not an authorised hospital. (4) The person who is under the referral is taken to be a person who is referred under section 26(3)(a). (5) Despite sections 44 and 45 — (a) the period for which a referral to which this section applies can remain in force expires 7 days after the day on which it was made under the 1996 Act section 29(1); and (b) the referral cannot be extended. [Section 599 inserted: No. 25 of 2014 s. 9.] ##### 600. Referral for examination of voluntary inpatient (1996 Act s. 30) (1) A referral that was in force under the 1996 Act section 29(1), as applied by section 30(1) of that Act, immediately before commencement day is taken to be a referral made under section 36(2). (2) The voluntary inpatient who is under the referral is taken to be a person who is referred under section 36(2). (3) An order made under the 1996 Act section 30(3) that was in force immediately before commencement day is taken to be an order made under section 34(1). (4) The voluntary inpatient who is under the order is taken to be detained at the authorised hospital under the order. (5) The period for which the voluntary inpatient who is under the order can be detained under the order expires 6 hours after the time when the order was made under the 1996 Act section 30(3). [Section 600 inserted: No. 25 of 2014 s. 9.] ##### 601. Personal examination for referral (1996 Act s. 31 and 32) (1) This section applies if, immediately before commencement day, a medical practitioner or authorised mental health practitioner had completed an examination in accordance with the 1996 Act section 31 but had not done anything under section 29 of that Act, or under section 29 of that Act as applied by section 30(1) of that Act, as a result of the examination. (2) The examination is taken to be an assessment conducted in accordance with Part 6 Division 2 Subdivision 4 for the purposes of Part 6 Division 2 Subdivision 3. (3) The medical practitioner or authorised mental health practitioner can make a referral under section 26(2) or (3)(a) or 36(2) on the basis of the examination, but the referral cannot be made more than 48 hours after the time when the examination was completed under the 1996 Act section 31. [Section 601 inserted: No. 25 of 2014 s. 9.] ##### 602. Transport to authorised hospital or other place (1996 Act s. 34) (1) A transport order made under the 1996 Act section 34(1) in respect of a person who is under a referral to which section 599(1) or (3) applies that was in force immediately before commencement day is taken to be a transport order made under section 29(1). (2) Despite sections 150 and 151 — (a) the period for which the transport order can remain in force expires when the first of these things occurs — (i) the relevant period under subsection (3) ends; or (ii) the period of 7 days after the day on which the referral was made under the 1996 Act section 29(1) ends; and (3) For subsection (2)(a)(i), the relevant period is — (a) if the person is under a referral to which section 599(1) applies — 72 hours after the transport order was made under the 1996 Act section 34(1); or (b) if the person is under a referral to which section 599(3) applies — 24 hours after the transport order was made under the 1996 Act section 34(1). [Section 602 inserted: No. 25 of 2014 s. 9.] #### Subdivision 2 — Examination at authorised hospital ##### 603. Detention of person who is referred at authorised hospital (1996 Act s. 36) (1) This section applies in relation to a person who is under a referral to which section 599(1) applies. (2) Subject to this section, Part 6 Division 3 Subdivision 1 applies in relation to the person. (3) The person cannot be received into the authorised hospital on or after commencement day if the referral has expired because of section 599(5)(a). (4) If the person was detained at the authorised hospital under the 1996 Act section 36(1)(b) immediately before commencement day, the person is taken to be detained at the authorised hospital under section 52(1)(b). (5) The period for which the person can be detained under section 52(1)(b) expires 24 hours after the time when the person was received into the authorised hospital under the 1996 Act section 36(1)(a). [Section 603 inserted: No. 25 of 2014 s. 9.] ##### 604. Detention of voluntary inpatient admitted to authorised hospital (1) This section applies in relation to a voluntary inpatient who is under a referral to which section 600(1) applies. (2) Subject to this section, Part 6 Division 3 Subdivision 1 applies in relation to the voluntary inpatient. (3) The voluntary inpatient is taken to be detained under section 53(1)(a). (4) The period for which the voluntary inpatient can be detained under section 53(1)(a) expires at — (a) if an order to which section 600(3) applies is in force in respect of the voluntary inpatient — the end of 24 hours after the time at which the order was made under the 1996 Act section 30(3); or (b) otherwise — the end of 24 hours after the time at which the referral was made under the 1996 Act section 29(1) as applied by section 30(1) of that Act. [Section 604 inserted: No. 25 of 2014 s. 9.] ##### 605. Examination of person who is referred (1996 Act s. 37 including as applied by s. 30(5)) (1) This section applies if, immediately before commencement day, a psychiatrist had completed an examination for the purposes of the 1996 Act section 37, or that section as applied by section 30(5) of that Act, but had not done anything under that section as a result of the examination. (2) The examination is taken to be an examination conducted in accordance with Part 6 Division 3 Subdivision 6 for the purposes of section 54. (3) If the psychiatrist makes an order under section 55(1)(c), for the purposes of section 55(3), the maximum period that the person who is under the order can be detained under the order expires at — (a) if the person is under a referral to which section 599(1) applies — the end of 72 hours after the person was received into the authorised hospital under the 1996 Act section 36(1)(a); or (b) if the person is a voluntary inpatient who is under a referral to which section 600(1) applies — the end of 72 hours after the referral was made under the 1996 Act section 29(1) as applied by section 30(1) of that Act. [Section 605 inserted: No. 25 of 2014 s. 9.] ##### 606. Order made in respect of person who is referred (1996 Act s. 37 including as applied by s. 30(5)) (1) An order made under the 1996 Act section 43(2)(a) for the purposes of section 37(1)(a) of that Act, or section 37(1)(a) of that Act as applied by section 30(5) of that Act, that was in force immediately before commencement day is taken to be an inpatient treatment order made under section 55(1)(a). (3) A community treatment order made under the 1996 Act section 43(2)(b) for the purposes of section 37(1)(a) of that Act, or section 37(1)(a) of that Act as applied by section 30(5) of that Act, that was in force immediately before commencement day is taken to be a community treatment order made under section 55(1)(b). (5) An order made under the 1996 Act section 37(1)(b) that was in force immediately before commencement day is taken to be an order made under section 55(1)(c). (6) The period for which the person can be detained under the order expires as specified in the order under the 1996 Act section 37(2). [Section 606 inserted: No. 25 of 2014 s. 9.] #### Subdivision 3 — Examination at place other than authorised hospital ##### 607. Receival of person at place other than authorised hospital (1) This section applies in relation to a person who is under a referral to which section 599(3) applies. (2) Subject to this section, Part 6 Division 3 Subdivision 2 applies in relation to the person. (3) The person cannot be received into the place on or after commencement day if the referral has expired because of section 599(5)(a). (4) If the person was received at the place before commencement day, the person is taken to be detained at the place under section 58(1)(b). (5) The period for which the person can be detained under section 58(1)(b) expires at the end of 72 hours after the time when the person was received at the place under the 1996 Act. [Section 607 inserted: No. 25 of 2014 s. 9.] ##### 608. Examination for purposes of referral made under 1996 Act s. 29(2)(b) (1) This section applies if, immediately before commencement day, a psychiatrist had completed an examination for the purposes of a referral made under the 1996 Act section 29(2)(b) but had not done anything under section 39(1) of that Act as a result of the examination. (2) The examination is taken to be an examination conducted in accordance with Part 6 Division 3 Subdivision 6 for the purposes of section 60. (3) The psychiatrist can make an order under section 61(1)(c) on the basis of the examination, but the order cannot be made more than 72 hours after the time when the person who was examined was received at the place where the examination was conducted. [Section 608 inserted: No. 25 of 2014 s. 9.] ##### 609. Detention of person for assessment at authorised hospital (1996 Act s. 39 and 40) (a) who is under a referral to which section 599(3) applies; and (b) in respect of whom an order made under the 1996 Act section 39(1) was in force immediately before commencement day. (2) The order referred to in subsection (1)(b) is taken to be an order made under section 61(1)(c). (3) Subject to this section, Part 6 Division 3 Subdivision 4 applies in relation to the person. (4) The person cannot be received into the authorised hospital on or after commencement day if the referral has expired because of section 599(5)(a). (5) If the person was detained at the authorised hospital under the 1996 Act section 40(1) immediately before commencement day, the person is taken to be detained at the authorised hospital under section 70(1)(b). (6) The period for which the person can be detained under section 70(1)(b) expires at the end of 72 hours after the time when the person was received into the authorised hospital under the 1996 Act section 40(1). [Section 609 inserted: No. 25 of 2014 s. 9.] ##### 610. Assessment because of order made under 1996 Act s. 39(1) (1) This section applies if, immediately before commencement day, a psychiatrist had completed an assessment conducted because of an order made under the 1996 Act section 39(1) but had not done anything under the 1996 Act as a result of the assessment. (2) The assessment is taken to be an examination conducted in accordance with Part 6 Division 3 Subdivision 6 for the purposes of section 71. (3) The psychiatrist can make an order under section 72(1) on the basis of the assessment, but the order cannot be made more than 72 hours after the time when the person was received into the authorised hospital under the 1996 Act section 40(1). [Section 610 inserted: No. 25 of 2014 s. 9.] ##### 611. Order made in respect of person detained for assessment (1996 Act s. 40(1)(b)) (1) An order made under the 1996 Act section 43(2)(a) for the purposes of section 40(1)(b) of that Act that was in force immediately before commencement day is taken to be an inpatient treatment order made under section 72(1)(a). (3) A community treatment order made under the 1996 Act section 43(2)(b) for the purposes of section 40(1)(b) of that Act that was in force immediately before commencement day is taken to be a community treatment order made under section 72(1)(b). [Section 611 inserted: No. 25 of 2014 s. 9.] ##### 612. Transport to authorised hospital (1996 Act s. 41) (1) A transport order made under the 1996 Act section 41(1) in respect of a person who is under an order to which section 609(2) applies that was in force immediately before commencement day is taken to be a transport order made under section 63(1). (a) the period for which the transport order can remain in force expires at the end of 72 hours after the time when the transport order was made under the 1996 Act section 41(1); and [Section 612 inserted: No. 25 of 2014 s. 9.] #### Subdivision 4 — Detention in authorised hospital ##### 613. Transfer to another authorised hospital (1996 Act s. 46) An order made under the 1996 Act section 46 in respect of an involuntary inpatient that was in force immediately before commencement day is taken to be a transfer order made under section 91(2). [Section 613 inserted: No. 25 of 2014 s. 9.] ##### 614. Period of detention specified in order (1996 Act s. 48) Despite section 87, a continued inpatient treatment order to which section 606(1), 611(1) or 625(1) applies authorises the detention of the person who is under the order for the period ending on the day specified in the order. [Section 614 inserted: No. 25 of 2014 s. 9.] ##### 615. Examination of patient within detention period (1996 Act s. 49(1) and 50(1)) (1) This section applies if, immediately before commencement day, a psychiatrist had completed, for the purposes of the 1996 Act section 49(1) or 50(1), an examination of an involuntary inpatient who is under a continued inpatient treatment order but had not done anything under section 49(2) or (3) of that Act, or under section 49(2) or (3) of that Act as applied by section 50(2) of that Act, as a result of the examination. (2) The examination is taken to be an examination under section 89(1) if the examination was completed within 7 days before the continued involuntary treatment order expires under section 614. [Section 615 inserted: No. 25 of 2014 s. 9.] ##### 616. Order made on examination within detention period (1996 Act s. 49(3) including as applied by s. 50(2)) (1) An order made under the 1996 Act section 49(3)(a), or section 49(3)(a) of that Act as applied by section 50(2) of that Act, that was in force immediately before commencement day is taken to be a continuation order made under section 89(2)(a). (2) An order to which subsection (1) applies authorises the detention of the person who is under the order for the period ending — (a) if, immediately before commencement day, the order had been in force under the 1996 Act for at least 5 months — on the day specified in the order; or (b) if, immediately before commencement day, the order had been in force under the 1996 Act for less than 5 months but more than 3 months, on the earlier of — (i) the day specified in the order; and (ii) the day that is one month after commencement day; or (c) if, immediately before commencement day, the order had been in force under the 1996 Act for 3 months or less, on the earlier of — (i) the day specified in the order; and (ii) the day that is 2 months after commencement day. (3) A community treatment order made under the 1996 Act section 49(3)(b), or section 49(3)(b) of that Act as applied by section 50(2) of that Act, that was in force immediately before commencement day is taken to be a community treatment order made under section 89(2)(b). [Section 616 inserted: No. 25 of 2014 s. 9.] ##### 617. Order made at any time (1996 Act s. 52) (1) A community treatment order made under the 1996 Act section 52(b) that was in force immediately before commencement day is taken to be a community treatment order made under section 90(1)(a). (2) The person who is under the community treatment order is taken to be an involuntary community patient. [Section 617 inserted: No. 25 of 2014 s. 9.] #### Subdivision 5 — Absence without leave and leave of absence ##### 618. Absence without leave (1996 Act s. 57) A person who is absent without leave under the 1996 Act section 57 immediately before commencement day is taken to be absent without leave under section 97. [Section 618 inserted: No. 25 of 2014 s. 9.] ##### 619. Apprehension of person absent without leave (1996 Act s. 58) (1) This section applies if, immediately before commencement day, a person who had been apprehended under the 1996 Act section 58(1) had not been returned in accordance with section 58(2) of that Act to the authorised hospital from which the person is absent. (2) The police officer or other person who is detaining the person apprehended must ensure that that person is taken, as soon as practicable and, in any event, on or within 14 days after commencement day to — (a) the authorised hospital from which the person is absent without leave; or (b) another authorised hospital or another place by arrangement with a medical practitioner or authorised mental health practitioner at that other authorised hospital or place. (3) Anything seized under the 1996 Act section 58(3)(b) from the person apprehended that had not been dealt with under section 199 of that Act before commencement day must be dealt with under section 166 as if it had been seized under section 159(2)(c). [Section 619 inserted: No. 25 of 2014 s. 9.] ##### 620. Grant of leave (1996 Act s. 59) An involuntary inpatient who, immediately before commencement day, is on leave of absence from an authorised hospital granted under the 1996 Act section 59(1) or extended under section 59(3) of that Act is taken to be on leave of absence from the authorised hospital granted under section 105(1) for the period specified in the grant or extension. [Section 620 inserted: No. 25 of 2014 s. 9.] ##### 621. Monitoring of involuntary inpatient on leave (1996 Act s. 62) (1) Subsection (2) applies in relation to an involuntary inpatient who is away from an authorised hospital on leave of absence because of section 620. (2) For the purposes of section 108, the period for which the involuntary inpatient is away from the authorised hospital on leave of absence includes the period for which the involuntary inpatient was away from the authorised hospital on leave of absence immediately before commencement day. (3) A community treatment order made under the 1996 Act section 62(2)(b) that was in force immediately before commencement day is taken to be a community treatment order made under section 90(1)(a). [Section 621 inserted: No. 25 of 2014 s. 9.] ##### 622. Release of involuntary inpatient while on leave (1996 Act s. 63) (1) This section applies in relation to an involuntary inpatient under a continuing inpatient treatment order who is on leave of absence from an authorised hospital because of section 620. (2) If, immediately before commencement day, the involuntary inpatient’s treating psychiatrist had received a written opinion from another medical practitioner or an authorised mental health practitioner to the effect described in the 1996 Act section 63(1)(b) but had not done anything under section 63(2) of that Act as a result of the opinion, the written opinion is taken to be a written opinion received by the treating psychiatrist under section 109. (3) A community treatment order made under the 1996 Act section 63(2)(b) that was in force immediately before commencement day is taken to be a community treatment order made under section 90(1)(a). [Section 622 inserted: No. 25 of 2014 s. 9.] #### Subdivision 6 — Treatment of involuntary patient in community ##### 623. Community treatment order made under general power (1996 Act s. 67) (1) A community treatment order made under the 1996 Act section 67(1) that was in force immediately before commencement day is taken to be a community treatment order made under section 75(1). (2) The person who is under the community treatment order is taken to be an involuntary community patient. [Section 623 inserted: No. 25 of 2014 s. 9.] ##### 624. Confirmation of community treatment order (1996 Act s. 69) (1) This section applies if, immediately before commencement day, a continued community treatment order to which section 623(1) applies had not been confirmed under the 1996 Act section 69(1). (2) For the purposes of section 76, the period within which the continued community treatment order must be confirmed under section 76 expires at the end of 72 hours after the continued community treatment order was made under the 1996 Act section 67(1). [Section 624 inserted: No. 25 of 2014 s. 9.] ##### 625. Order made on revocation of community treatment order (1996 Act s. 70) (1) An order made under the 1996 Act section 70(1) that a person be admitted to, and detained, in an authorised hospital that was in force immediately before commencement day is taken to be an inpatient treatment order made under section 123(1)(a). [Section 625 inserted: No. 25 of 2014 s. 9.] ##### 626. Transport to authorised hospital (1996 Act s. 71) (1) A transport order made under the 1996 Act section 71(1) in respect of a person who is under a continued inpatient treatment order to which section 625(1) applies that was in force immediately before commencement day is taken to be a transport order made under section 133(1). (a) the period for which the transport order can remain in force expires at the end of 72 hours after the time when the transport order was made under the 1996 Act section 71(1); and [Section 626 inserted: No. 25 of 2014 s. 9.] ##### 627. Review by supervising psychiatrist (1996 Act s. 75) (1) For a continued community treatment order in respect of an involuntary community patient who, immediately before commencement day, had not been examined under the 1996 Act section 75, the first treatment period under section 118 is the period — (a) beginning on the day on which the order was made under the 1996 Act; and (b) ending on the day on which the order expires as specified in the order under the 1996 Act section 68(1)(d). (2) An examination of the involuntary community patient under a continued community treatment order that was conducted for the purposes of the 1996 Act section 75 before commencement day is taken to be an examination of the involuntary community patient conducted for the purposes of section 118. [Section 627 inserted: No. 25 of 2014 s. 9.] ##### 628. Extension of community treatment order (1996 Act s. 76) (1) Any extension of a continued community treatment order made under the 1996 Act section 76(1) that was in force immediately before commencement day is taken to be a continuation order made under section 121(1). (2) If, immediately before commencement day, an involuntary community patient under a continued community treatment order extended under the 1996 Act section 76(1) had requested a second opinion under section 76(3) of that Act but the second opinion had not been obtained, the request is taken to have been made under section 121(5) on the day on which it was made under the 1996 Act section 76(3). [Section 628 inserted: No. 25 of 2014 s. 9.] ##### 629. Examination and report by authorised medical practitioner (1996 Act s. 77) (1) For the purposes of section 627(2), an examination conducted for the purposes of the 1996 Act section 75 includes an examination taken to have been conducted for those purposes because of section 77 of that Act. (2) If, immediately before commencement day, the supervising psychiatrist under a continued community treatment order had, for the purposes of the 1996 Act section 75, requested under the 1996 Act section 77(1) the examination of, and a report about, the involuntary community patient under the order but had not been provided with the report, the request is taken to be a request made under section 119(1). (3) If, immediately before commencement day, the supervising psychiatrist under a continued community treatment order had, for the purposes of the 1996 Act section 75, been provided by an authorised medical practitioner with a report requested under the 1996 Act section 77(1) about the involuntary community patient under the order but had not as a result of the authorised medical practitioner’s report prepared a report about the patient under section 77(3) of that Act — (a) the examination on which the authorised medical practitioner’s report is based is taken to be an examination conducted under section 118(2)(b)(ii); and (b) the authorised medical practitioner’s report is taken to have been provided to the supervising psychiatrist under section 118(5). [Section 629 inserted: No. 25 of 2014 s. 9.] ##### 630. Variation of community treatment order (1996 Act s. 79) (1) Any transfer of responsibility as the treating practitioner under a continued community treatment order that was in force under the 1996 Act section 79(1)(a) immediately before commencement day is taken to be a transfer of that responsibility under section 137(a). (2) Any variation of the terms of a continued community treatment order that was in force under the 1996 Act section 79(1)(b) immediately before commencement day and had the effect of transferring responsibility as the supervising psychiatrist under the order is taken to be a transfer of that responsibility under section 135(1)(a). (3) Any other variation of the terms of a continued community treatment order that was in force under the 1996 Act section 79(1)(b) immediately before commencement day is taken to be an order varying the terms of the continued community treatment order made under section 122(1). [Section 630 inserted: No. 25 of 2014 s. 9.] ##### 631. Notice of breach (1996 Act s. 81) Notice of a breach of a continued community treatment order that was given under the 1996 Act section 81(1)(b) before commencement day is taken to be notice of the breach given under section 127(2)(b). [Section 631 inserted: No. 25 of 2014 s. 9.] ##### 632. Order to attend if breach continues (1996 Act s. 82) (1) An order to attend that was in force under the 1996 Act section 82(1) immediately before commencement day is taken to be an order to attend made under section 128(1). (2) If an order to attend to which subsection (1) applies and a written warning to the effect described in the 1996 Act section 82(4) were given under the 1996 Act section 82(3) and (4) to the involuntary community patient under a continued community treatment order before commencement day, a copy of the order is taken to have been given to the patient under section 128(5). [Section 632 inserted: No. 25 of 2014 s. 9.] ##### 633. Order for police assistance (1996 Act s. 84) (1) An order made under the 1996 Act section 84(1) that was in force immediately before commencement day is taken to be a transport order made under section 129(2). (a) the period for which the order can remain in force expires at the end of 72 hours after the time when the order was made under the 1996 Act section 84(1); and (b) the order cannot be extended. [Section 633 inserted: No. 25 of 2014 s. 9.] ### Division 4 — Treatment of patients ##### 634. Informed consent (1996 Act Pt. 5 Div. 2) If, immediately before commencement day, informed consent had been given in accordance with the 1996 Act Part 5 Division 2 for the provision of treatment but the treatment had not been provided, the informed consent is taken to be informed consent given in accordance with Part 5 Division 2 for the provision of that treatment. [Section 634 inserted: No. 25 of 2014 s. 9.] ##### 635. Psychosurgery: approval already given (1996 Act s. 101) If, immediately before commencement day, psychosurgery for which an approval had been given for the purposes of the 1996 Act section 101(1)(b) had not been performed, the approval is taken to be an approval for the purposes of section 208(2)(b). [Section 635 inserted: No. 25 of 2014 s. 9.] ##### 636. Psychosurgery: application for approval pending (1996 Act s. 102) An application made under the 1996 Act section 102 for approval for psychosurgery to be performed that was pending immediately before commencement day is taken to be an application made under section 417. [Section 636 inserted: No. 25 of 2014 s. 9.] ##### 637. Electroconvulsive therapy: course of treatment commenced before commencement day A person who performs electroconvulsive therapy on another person does not commit an offence under section 193 if the person performs the electroconvulsive therapy in accordance with the 1996 Act Part 5 Division 5 on or within one month after commencement day for the purpose of completing a course of electroconvulsive therapy started before commencement day. [Section 637 inserted: No. 25 of 2014 s. 9.] ##### 638. Electroconvulsive therapy: recommendation referred to Mental Health Review Board (1996 Act s. 106) Any proceeding of the Mental Health Review Board in respect of a recommendation that electroconvulsive therapy be performed on a person that had been referred to the Board under the 1996 Act section 106(1) but had not been disposed of before commencement day is discontinued. [Section 638 inserted: No. 25 of 2014 s. 9.] ##### 639. Other medical treatment that is not psychiatric treatment (1996 Act s. 110) If, immediately before commencement day, medical treatment for which approval had been given by the Chief Psychiatrist under the 1996 Act section 110(1) had not been provided, the medical treatment can be provided in accordance with the approval. [Section 639 inserted: No. 25 of 2014 s. 9.] ##### 640. Second opinion requested (1996 Act s. 111) (1) This section applies in relation to a patient to whom Part 13 Division 2 applies. (2) If, immediately before commencement day, a patient had requested a second opinion under the 1996 Act section 111(2)(a) but the second opinion had not been obtained, the request is taken to have been made to the patient’s psychiatrist under section 182(2). (3) If, immediately before commencement day, a patient had requested a second opinion under the 1996 Act section 111(2)(b) but the second opinion had not been obtained, the request is taken to have been made to the Chief Psychiatrist under section 182(2). (4) If, immediately before commencement day, a patient’s psychiatrist had obtained a second opinion in response to a request made under the 1996 Act section 111(2)(a) but had not done anything in relation to the opinion, the opinion is taken to have been obtained by the patient’s psychiatrist under section 182. (5) If, immediately before commencement day, the Chief Psychiatrist had obtained a second opinion in response to a request made under the 1996 Act section 111(2)(b) but had not done anything in relation to the opinion, the opinion is taken to have been obtained by the Chief Psychiatrist under section 182. [Section 640 inserted: No. 25 of 2014 s. 9.] ##### 641. Dissatisfaction with second opinion (1996 Act s. 112) (1) This section applies if, before commencement day — (a) an opinion to the effect described in the 1996 Act section 112(1)(a) had been obtained under section 111 of that Act in respect of a patient to whom Part 13 Division 2 applies; and (b) the Chief Psychiatrist had become aware, because of oral or written advice given to the Chief Psychiatrist by the patient, of the patient’s continued dissatisfaction with treatment being provided to the patient. (2) If, immediately before commencement day, the Chief Psychiatrist had not done anything under the 1996 Act section 112(2) as a result of the advice, the advice is taken to be advice given to the Chief Psychiatrist by the patient under section 184(1). (3) If, immediately before commencement day, the Chief Psychiatrist had referred a matter to the Mental Health Review Board under the 1996 Act section 112(2)(b) but the Board had not made a decision on the matter under section 112(3) of that Act, any proceeding before the Board in respect of the matter is discontinued. [Section 641 inserted: No. 25 of 2014 s. 9.] ##### 642. Seclusion (1996 Act s. 119) (1) An authorisation to keep a patient in seclusion that was in force under the 1996 Act section 119 immediately before commencement day is taken to be a seclusion order made under section 215(1). (2) Notification of a medical practitioner under the 1996 Act section 119(3) of an authorisation to which subsection (1) applies is taken to be notification of a medical practitioner under section 215(4). [Section 642 inserted: No. 25 of 2014 s. 9.] ##### 643. Mechanical bodily restraint (1996 Act s. 123) (1) An authorisation to use mechanical bodily restraint that was in force under the 1996 Act section 123 immediately before commencement day is taken to be a bodily restraint order made under section 231(1). (2) Notification of a medical practitioner under the 1996 Act section 123(3) of an authorisation to which subsection (1) applies is taken to be notification of a medical practitioner under section 231(4). [Section 643 inserted: No. 25 of 2014 s. 9.] ### Division 5 — Mental Health Review Board #### Subdivision 1 — President and other members of Board ##### 644. Appointment to Mental Health Tribunal (1996 Act s. 126 and Sch. 1) (1) The person who, immediately before commencement day, held office under the 1996 Act section 126(1)(a) as the President of the Mental Health Review Board is taken be appointed under section 475 as the President of the Mental Health Tribunal. (2) A person who, immediately before commencement day, held office under the 1996 Act section 126(1)(b) as a member of the Mental Health Review Board is taken to be appointed under section 476(1) as a member of the Mental Health Tribunal. (3) A person to whom subsection (1) or (2) applies holds office under this Act — (a) for the period, beginning on commencement day, that is equal to the balance of the person’s term of office under the 1996 Act that remained immediately before commencement day; and (b) otherwise on the same terms and conditions (including as to remuneration) as those on which the person held office under the 1996 Act immediately before commencement day. [Section 644 inserted: No. 25 of 2014 s. 9.] #### Subdivision 2 — Reviews and inquiries ##### 645. Initial review after commencement day (1996 Act s. 138) initial order means — (a) a continued inpatient treatment order to which section 606(1), 611(1) or 625(1) applies; or (b) a continued community treatment order to which section 606(3), 611(3), 616(3), 617(1), 621(3), 622(3) or 623(1) applies. (2) This section applies to an initial order that, immediately before commencement day, had not been reviewed under the 1996 Act section 138. (3) If, on the day on which the initial order was made, the involuntary patient under the order was an adult, the initial review period under section 386 is taken to be — (a) if, immediately before commencement day, the initial order had been in force under the 1996 Act for not more than 7 days — the period of 35 days from commencement day; or (b) if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 7 days but not more than 21 days — the period of 28 days from commencement day; or (c) if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 21 days — the period of 14 days from commencement day. (4) If, on the day on which the initial order was made, the involuntary patient under the order was a child, the initial review period under section 386 is taken to be — (a) if, immediately before commencement day, the initial order had been in force under the 1996 Act for not more than 7 days — the period of 21 days from commencement day; or (b) if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 7 days but not more than 21 days — the period of 14 days from commencement day; or (c) if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 21 days — the period of 5 days from commencement day. [Section 645 inserted: No. 25 of 2014 s. 9.] ##### 646. First periodic review after commencement day (1996 Act s. 139) (1) This section applies in relation to a continued involuntary treatment order that had been reviewed under the 1996 Act section 138 or 139 before commencement day. last review day, for the continued involuntary treatment order, means the day on which the last review of the order was completed under the 1996 Act section 138 or 139. (3) If, on the last review day, the involuntary patient under the continued involuntary treatment order was an adult, the first periodic review period under section 387 is taken to be — (a) if the last review day was not more than one month before commencement day — the period of 3 months from commencement day; or (b) if the last review day was more than one month but not more than 3 months before commencement day — the period of 2 months from commencement day; or (c) if the last review day was more than 3 months before commencement day — the period of one month from commencement day. (4) If, on the last review day, the involuntary patient under the continued involuntary treatment order was a child, the first periodic review period under section 387 is taken to be — (a) if the last review day was not more than one month before commencement day — the period of 28 days from commencement day; or (b) if the last review day was more than one month but not more than 3 months before commencement day — the period of 21 days from commencement day; or (c) if the last review day was more than 3 months before commencement day — the period of 14 days from commencement day. [Section 646 inserted: No. 25 of 2014 s. 9.] ##### 647. Application for review pending before commencement day (1996 Act s. 142) An application made under the 1996 Act section 142(1) for a review of a matter specified in that subsection that was pending immediately before commencement day is taken to be an application made under section 390(1) for a review of that matter. [Section 647 inserted: No. 25 of 2014 s. 9.] ##### 648. Suspension of order or restraint of action pending review (1996 Act s. 143) (1) Subsection (2) applies in relation to an order made under the 1996 Act section 143 that was in force immediately before commencement day. (2) The order is taken to be an order made under section 392(1). (3) An application made under the 1996 Act section 143 that was pending immediately before commencement day is taken to be an application made under section 392(2). [Section 648 inserted: No. 25 of 2014 s. 9.] ##### 649. Board initiated review (1996 Act s. 144) A review that, immediately before commencement day, had been initiated by the Mental Health Review Board under the 1996 Act section 144 but had not been disposed of is taken to be a review initiated by the Mental Health Tribunal under section 391. [Section 649 inserted: No. 25 of 2014 s. 9.] ##### 650. Order that community treatment order be made (1996 Act s. 145(2)(b)) An order made under the 1996 Act section 145(2)(b) that was in force immediately before commencement day is taken to be a direction given under section 395(2)(b). [Section 650 inserted: No. 25 of 2014 s. 9.] ##### 651. Complaints to Board (1996 Act s. 146) If, immediately before commencement day, a complaint had been made under the 1996 Act section 146 but the enquiry had not been completed, the complaint is taken to be an application made under section 424 or 434(1), as directed by the President of the Mental Health Tribunal. [Section 651 inserted: No. 25 of 2014 s. 9.] ##### 652. Enquiries directed by Minister (1996 Act s. 147) (1) This section applies if, immediately before commencement day, the Minister had directed the Mental Health Review Board to enquire into a matter under the 1996 Act section 147 but the enquiry had not been completed. (2) Despite the repeal of the 1996 Act — (a) the enquiry must be completed as soon as practicable; and (b) the responsible former Board member under subsection (3) must complete the enquiry. (3) For subsection (2)(b), the responsible former Board member is — (a) a person — (i) to whom section 644(2) applies; and (ii) who is nominated by the person referred to in paragraph (b) to complete the enquiry; or (b) if no‑one is nominated under paragraph (a)(ii) — the person to whom section 644(1) applies. [Section 652 inserted: No. 25 of 2014 s. 9.] ##### 653. Final report about activities of Mental Health Review Board (1996 Act s. 148) Despite the repeal of the 1996 Act, the person to whom section 644(1) applies must make a report under section 148 of that Act about the activities of the Board for the period beginning on 1 July before commencement day and ending on the day before commencement day. [Section 653 inserted: No. 25 of 2014 s. 9.] ##### 654. Records and proceedings of Mental Health Review Board (1) The records of the Mental Health Review Board are taken to be the records of the Mental Health Tribunal. (2) The Mental Health Tribunal can have regard to any record of any proceeding of the Mental Health Review Board that is continued under this Part as a proceeding of the Tribunal. [Section 654 inserted: No. 25 of 2014 s. 9.] #### Subdivision 3 — Applications to State Administrative Tribunal ##### 655. Applications for review or determination of questions of law (1996 Act Pt. 6 Div. 2A) (1) This section applies in relation to — (a) an application for a review or leave to apply for a review that, immediately before commencement day, had been made under the 1996 Act section 148A but had not been disposed of; or (b) an application for a determination of a question of law that, immediately before commencement day, had been made under the 1996 Act section 148E but had not been disposed of. (2) Despite the repeal of the 1996 Act, an application can be dealt with as if the 1996 Act Part 6 Division 2A and Schedule 2A were still in force. (3) In dealing with an application under subsection (2), the State Administrative Tribunal can make any order in relation to the operation of this Act that the Tribunal considers appropriate. [Section 655 inserted: No. 25 of 2014 s. 9.] #### Subdivision 4 — Appeals from State Administrative Tribunal ##### 656. Appeals to Supreme Court (1996 Act Pt. 6 Div. 3) (1) Despite the repeal of the 1996 Act, an appeal or an application for leave to appeal that, immediately before commencement day, had been made under the 1996 Act section 149 but had not been disposed of can be dealt with as if the 1996 Act Part 6 Division 3 were still in force. (2) In dealing with an appeal or application under subsection (1), the Supreme Court can make any order in relation to the operation of this Act that the Court considers appropriate. [Section 656 inserted: No. 25 of 2014 s. 9.] ### Division 6 — Protection of patient’s rights ##### 657. Interview with psychiatrist requested by patient (1996 Act s. 164) (1) This section applies in relation to a patient to whom Part 16 Division 2 Subdivision 2 applies. (2) If, immediately before commencement day, a patient had requested an interview with a psychiatrist under the 1996 Act section 164(3) but the interview had not occurred, the request is taken to have been made under section 260(1). [Section 657 inserted: No. 25 of 2014 s. 9.] ##### 658. Personal possessions left at authorised hospital (1996 Act s. 165(3)) Section 259(6) applies in relation to any personal possessions of a patient who was discharged from an authorised hospital before commencement day that were still at the hospital immediately before commencement day. [Section 658 inserted: No. 25 of 2014 s. 9.] ##### 659. Order restricting or denying patient’s rights (1996 Act s. 169) An order made under the 1996 Act section 169(1) that was in force immediately before commencement day is taken to be an order made under section 262(1). [Section 659 inserted: No. 25 of 2014 s. 9.] ##### 660. Application for review of order restricting or denying patient’s right (1996 Act s. 170) An application made under the 1996 Act section 170 that was pending immediately before commencement day is taken to be an application made under section 434(1). [Section 660 inserted: No. 25 of 2014 s. 9.] ### Division 7 — Community support services ##### 661. Funding and services agreements (1996 Act s. 174) Despite the repeal of the 1996 Act, a funding and services agreement entered into under the 1996 Act section 174(1) that was in effect immediately before commencement day continues to have effect according to its terms on and after that day as if the 1996 Act section 174 were still in force. [Section 661 inserted: No. 25 of 2014 s. 9.] ### Division 8 — Council of Official Visitors ##### 662. Matters generally (1) This section applies in relation to any matter that, immediately before commencement day, was being dealt with under the 1996 Act by any of these persons or bodies — (a) the Council of Official Visitors; (b) the Head of the Council of Official Visitors; (c) an official visitor; (d) a panel appointed under section 187 of that Act; (e) the executive officer of the Council of Official Visitors. (2) The matter may continue being dealt with under this Act by — (a) the Chief Mental Health Advocate; or (b) a mental health advocate or a member of the advocacy services staff referred to in section 375, as directed by the Chief Mental Health Advocate. [Section 662 inserted: No. 25 of 2014 s. 9.] ##### 663. Request for visit by official visitor (1996 Act s. 189) A request made under the 1996 Act section 189(1)(a) or (b) for an official visitor to visit a person that, immediately before commencement day, had not been dealt with under that Act is taken to be a request made under section 356(2)(a) or (b), as the case requires, for a mental health advocate to contact or otherwise visit the person. [Section 663 inserted: No. 25 of 2014 s. 9.] ##### 664. Exercise of powers by official visitors and panels (1996 Act s. 190) (1) Any information obtained by an official visitor or a panel in the course of a visit to a place under the 1996 Act section 190(2) (whether or not the visit was completed before commencement day) is taken to be information obtained by a mental health advocate in the course of a visit to a mental health service under section 359(1)(a). (2) A visit to a place by an official visitor or a panel under the 1996 Act section 190(2) that was started but not completed before commencement day can be completed by a mental health advocate under section 359(1)(a) as a visit to a mental health service. [Section 664 inserted: No. 25 of 2014 s. 9.] ##### 665. Reports requested by Minister (1996 Act s. 192(2)) (1) This section applies if, immediately before commencement day, the Minister had requested a report about a matter under the 1996 Act section 192(2) but no report about the matter had been made to the Minister. (2) Despite the repeal of the 1996 Act — (a) the report must made be to the Minister under the 1996 Act section 192(2) as soon as practicable; and (b) the responsible COV office holder under subsection (3) continues to hold office, and is entitled to receive from the Chief Mental Health Advocate such assistance as the responsible COV office holder reasonably requires, for the purpose of making the report. (3) For subsection (2)(b), the responsible COV office holder is — (a) a person — (i) who, immediately before commencement day, held office under the 1996 Act as an official visitor or a person on a panel; and (ii) who is nominated by the person referred to in paragraph (b) to make the report; or (b) if no‑one is nominated under paragraph (a)(ii) — the person who, immediately before commencement day, held office under the 1996 Act as the Head of the Council of Official Visitors. [Section 665 inserted: No. 25 of 2014 s. 9.] ##### 666. Final report about activities of official visitors (1996 Act s. 192(3)) Despite the repeal of the 1996 Act — (a) the person who, immediately before commencement day, held office as the Head of the Council of Official Visitors must make a report under section 192(3) of that Act for the period beginning on 1 July before commencement day and ending on the day before commencement day; and (b) that person continues to hold office, and is entitled to receive from the Chief Mental Health Advocate such assistance as that person reasonably requires, for the purpose of making the report; and (c) the Minister must cause a copy of the report to be laid before each House of Parliament under the 1996 Act section 192(4). [Section 666 inserted: No. 25 of 2014 s. 9.] ##### 667. Records of Council of Official Visitors The records of the Council of Official Visitors are taken to be the records of the office of the Chief Mental Health Advocate. [Section 667 inserted: No. 25 of 2014 s. 9.] ### Division 9 — Other matters under 1996 Act ##### 668. Person taken into protective custody (1996 Act s. 195) (1) If, immediately before commencement day, a person had been apprehended under the 1996 Act section 195(1) but no arrangement to have the person examined had been made under section 195(2) of that Act, the person is taken to have been apprehended under section 156(1). (2) If, immediately before commencement day, an arrangement to have a person examined had been made under the 1996 Act section 195(2) but the person had not been examined in accordance with that arrangement, the arrangement is taken to be an arrangement to have the person assessed under section 156(3)(a) and the person can be detained under section 156(3)(b). [Section 668 inserted: No. 25 of 2014 s. 9.] ##### 669. Examination of person arrested (1996 Act s. 196) If, immediately before commencement day, an arrangement to have a person examined had been made under the 1996 Act section 196(1) but the person had not been examined in accordance with that arrangement, the arrangement is taken to be an arrangement to have the person assessed under section 157(2). [Section 669 inserted: No. 25 of 2014 s. 9.] ##### 670. Things seized by police officer (1996 Act s. 197) Anything seized under the 1996 Act section 197(c) from a person apprehended under section 34, 71 or 195 of that Act that had not been dealt with under section 199 of that Act before commencement day must be dealt with under section 166 as if it had been seized under section 159(2)(c). [Section 670 inserted: No. 25 of 2014 s. 9.] ##### 671. Review of determination of capacity to vote (1996 Act s. 203) Any proceeding of the Mental Health Review Board in respect of an application made under the 1996 Act section 203 that had not been disposed of before commencement day is discontinued. [Section 671 inserted: No. 25 of 2014 s. 9.] ##### 672. Records of patients (1996 Act s. 204) A record kept by an authorised hospital or other place in accordance with the 1996 Act section 204 is taken to be a record kept by a mental health service in accordance with section 582. [Section 672 inserted: No. 25 of 2014 s. 9.] ##### 673. Request for information about patient or person detained (1996 Act s. 205) If, immediately before commencement day, the Chief Psychiatrist had received a request under the 1996 Act section 205(1) but had not done anything in relation to the request, the request is taken to be a request made under section 535(1). [Section 673 inserted: No. 25 of 2014 s. 9.] ##### 674. Inquiries (1996 Act Pt. 10 Div. 5) Despite the repeal of the 1996 Act — (a) the 1996 Act Part 10 Division 5 continues to apply in relation to an inquiry that, immediately before commencement day, had not been completed and reported on to the Minister under the 1996 Act section 207 until the inquiry is completed and reported on under that section; and (b) the person appointed under the 1996 Act section 207 to conduct an inquiry to which paragraph (a) applies continues to hold office for the purpose of completing and reporting on the inquiry; and (c) the Minister must ensure that the person to whom paragraph (b) applies receives such assistance as that person reasonably requires for the purpose of completing and reporting on the inquiry. [Section 674 inserted: No. 25 of 2014 s. 9.] ##### 675. Rectification of referrals and orders (1996 Act s. 212) Section 581 applies in relation to a referral or order that could have been, but was not, rectified under the 1996 Act section 212 before commencement day. [Section 675 inserted: No. 25 of 2014 s. 9.] ### Division 10 — Miscellaneous matters ##### 676. Transitional regulations publication day, for regulations made under subsection (2), means the day on which those regulations are published in the *Gazette*; specified means specified or described in regulations made under subsection (2); transitional matter — (a) means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the written laws repealed by Part 28 to the provisions of this Act; and (b) includes a saving or application matter. (2) If there is no sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing matters — (a) required to be prescribed for the purpose of dealing with the transitional matter; or (b) necessary or convenient to be prescribed for the purpose of dealing with the transitional matter. (3) Regulations made under subsection (2) may provide that specified provisions of this Act — (a) do not apply to or in relation to a specified matter; or (b) apply with specified modifications to or in relation to a specified matter. (4) If regulations made under subsection (2) provide that a specified state of affairs is taken to have existed, or not to have existed, on and from a day that is earlier than the publication day for those regulations but not earlier than commencement day, the regulations have effect according to their terms. (5) If regulations made under subsection (2) contain a provision referred to in subsection (4), the provision does not operate so as — (a) to affect in a manner prejudicial to a person other than the State or an authority of the State the rights of that person existing before the publication day for those regulations; or (b) to impose liabilities on a person other than the State or an authority of the State in respect of an act done or omission made before the publication day for those regulations. (6) Regulations can only be made under subsection (2) within 12 months after commencement day. [Section 676 inserted: No. 25 of 2014 s. 9.] ##### 677. *Interpretation Act 1984* not affected Except to the extent this Part or regulations made under section 676(2) expressly provide differently, the *Interpretation Act 1984* applies in relation to the repeal of the written laws referred to in Part 28. [Section 677 inserted: No. 25 of 2014 s. 9.] ## Part 30 — Transitional matters for *Criminal Law (Mental Impairment) Act 2023* [Heading inserted: No. 10 of 2023 s. 387.] ##### 678. Terms used Board means the Mentally Impaired Accused Review Board established under the *Criminal Law (Mentally Impaired Accused) Act 1996* section 41; commencement day means the day on which the CLMI Act Part 2 comes into operation. [Section 678 inserted: No. 10 of 2023 s. 387.] ##### 679. Functions in respect of Board (1) Subsection (2) applies if a person was, immediately before commencement day, required to perform a function in respect of the Board under section 145, 200, 204, 209, 224, 240 or 242. (2) The person must perform the function in respect of the Mental Impairment Review Tribunal as soon as practicable after commencement day. [Section 679 inserted: No. 10 of 2023 s. 387.] ##### 680. Duty to contact identified person (1) Subsection (2) applies if, immediately before commencement day, a person who was an identified person under paragraph (e), (f) or (g) of the definition of ***identified person*** in section 348 was required, under section 357, to be visited or otherwise contacted by a mental health advocate within a specified time. (2) A mental health advocate must visit or otherwise contact the identified person within that time. [Section 680 inserted: No. 10 of 2023 s. 387.] Schedule 1 — Charter of Mental Health Care Principles [s. 11, 12, 320(2)(f), 333(3)(d) and 351(1)(b)] **Purpose** A. The Charter of Mental Health Care Principles is a rights‑based set of principles that mental health services must make every effort to comply with in providing treatment, care and support to people experiencing mental illness. B. The Charter is intended to influence the interconnected factors that facilitate recovery from mental illness. **Principle 1: Attitude towards people experiencing mental illness** A mental health service must treat people experiencing mental illness with dignity, equality, courtesy and compassion and must not discriminate against or stigmatise them. **Principle 2: Human rights** A mental health service must protect and uphold the fundamental human rights of people experiencing mental illness and act in accordance with the national and international standards that apply to mental health services. **Principle 3: Person‑centred approach** 3.1 A mental health service must uphold a person‑centred focus with a view to obtaining the best possible outcomes for people experiencing mental illness, including by recognising life experiences, needs, preferences, aspirations, values and skills, while delivering goal‑oriented treatment, care and support. 3.2 A mental health service must promote positive and encouraging recovery focused attitudes towards mental illness, including that people can and do recover, lead full and productive lives and make meaningful contributions to the community. **Principle 4: Delivery of treatment, care and support** A mental health service must be easily accessible and safe and provide people experiencing mental illness with timely treatment, care and support of high quality based on contemporary best practice to promote recovery in the least restrictive manner that is consistent with their needs. **Principle 5: Choice and self‑determination** A mental health service must involve people in decision‑making and encourage self‑determination, cooperation and choice, including by recognising people’s capacity to make their own decisions. **Principle 6: Diversity** A mental health service must recognise, and be sensitive and responsive to, diverse individual circumstances, including those relating to gender, sexuality, age, family, disability, lifestyle choices and cultural and spiritual beliefs and practices. **Principle 7: People of Aboriginal or Torres Strait Islander descent** A mental health service must provide treatment and care to people of Aboriginal or Torres Strait Islander descent that is appropriate to, and consistent with, their cultural and spiritual beliefs and practices and having regard to the views of their families and, to the extent that it is practicable and appropriate to do so, the views of significant members of their communities, including elders and traditional healers, and Aboriginal or Torres Strait Islander mental health workers. **Principle 8: Co‑occurring needs** A mental health service must address physical, medical and dental health needs of people experiencing mental illness and other co‑occurring health issues, including physical and intellectual disability and alcohol and other drug problems. **Principle 9: Factors influencing mental health and wellbeing** A mental health service must recognise the range of circumstances, both positive and negative, that influence mental health and wellbeing, including relationships, accommodation, recreation, education, financial circumstances and employment. **Principle 10: Privacy and confidentiality** A mental health service must respect and maintain privacy and confidentiality. **Principle 11: Responsibilities and dependants** A mental health service must acknowledge the responsibilities and commitments of people experiencing mental illness, particularly the needs of their children and other dependants. **Principle 12: Provision of information about mental illness and treatment** A mental health service must provide, and clearly explain, information about the nature of the mental illness and about treatment (including any risks, side effects and alternatives) to people experiencing mental illness in a way that will help them to understand and to express views or make decisions. **Principle 13: Provision of information about rights** A mental health service must provide, and clearly explain, information about legal rights, including those relating to representation, advocacy, complaints procedures, services and access to personal information, in a way that will help people experiencing mental illness to understand, obtain assistance and uphold their rights. **Principle 14: Involvement of other people** A mental health service must take a collaborative approach to decision making, including respecting and facilitating the right of people experiencing mental illness to involve their family members, carers and other personal support persons in planning, undertaking, evaluating and improving their treatment, care and support. **Principle 15: Accountability and improvement** A mental health service must be accountable, committed to continuous improvement and open to solving problems in partnership with all people involved in the treatment, care and support of people experiencing mental illness, including their family members, carers and other personal and professional support persons. Schedule 2 — Notifiable events [s. 138(2)] Table | **Provision** | **Description of event** | **Person responsible** | | --- | --- | --- | | s. 28(8) | The making of an order under s. 28 | The practitioner who makes the order | | s. 28(12) | The release of a person because of s. 28(10) or (11) | A medical practitioner or authorised mental health practitioner | | s. 29(4) | The making of a transport order under s. 29(1) | The practitioner who makes the order | | s. 31(7) | The release of a person because of s. 31(6) | The practitioner who revokes the referral | | s. 55(6) | The making of an order under s. 55(1) | The person in charge of the authorised hospital | | s. 61(5) | The making of an order under s. 61(1) | The psychiatrist who makes the order | | s. 66(5) | The making of a transfer order under s. 66(1) | The treating psychiatrist | | s. 68(7) | The release of a person because of s. 68(6) | The person in charge of the authorised hospital | | s. 89(6) | The release of a person because of an order made under s. 89(2)(b) or (c) | The person in charge of the hospital | | s. 90(5) | The making of an order under s. 90(1) | The psychiatrist who makes the order | | s. 91(5) | The making of a transfer order under s. 91(2) | The psychiatrist who makes the order | | s. 93(4) | The expiry of an inpatient treatment order | The person in charge of the hospital at which the involuntary inpatient was being detained | | s. 97(3) | The absence of a person without leave from a hospital or other place | The person in charge of the hospital or other place | | s. 105(13) | The making of an order under s. 105(1) | The psychiatrist who makes the order | | s. 106(4) | The making of an order under s. 106(1) | The psychiatrist who makes the order | | s. 110(5) | The making of an order under s. 110(2) | The psychiatrist who makes the order | | s. 120(7) | The making of an order under s. 120(2) | The supervising psychiatrist | | s. 123(8) | The making of an order under s. 123(1) | The supervising psychiatrist | | s. 124(7) | The release of a person because of s. 124(6) | The person in charge of the authorised hospital | | s. 129(5) | The making of a transport order under s. 129(2) | The practitioner who makes the order | | s. 130(5) | The release of a person because of s. 130(4) | The person in charge of the place | | s. 131(8) | The making of an order under s. 131(2) | The supervising psychiatrist | | s. 242(5) | The provision of urgent non‑psychiatric treatment | The person in charge of the authorised hospital | | s. 555(4) | The making of a transfer order under s. 555(1) | The person in charge of the hospital | | s. 557(6) | The making of a transfer approval order under s. 557(1) | The person in charge of the hospital | ![dline]() Notes This is a compilation of the *Mental Health Act 2014* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, or versions that include editorial changes made under the *Legislation Act 2021* Part 3, see the compilation table. For provisions affected by editorial changes see the editorial changes table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Mental Health Act 2014* | 24 of 2014 | 3 Nov 2014 | s. 1 and 2: 3 Nov 2014 (see s. 2(a)); Act other than s. 1 and 2: 30 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4632) | | *Mental Health Legislation Amendment Act 2014* Pt. 3 | 25 of 2014 | 3 Nov 2014 | 30 Nov 2015 (see s. 2(b) and *Gazette* 13 Nov 2015 p. 4632) | | *Mental Health Amendment Act 2015* | 36 of 2015 | 23 Nov 2015 | s. 1 and 2: 23 Nov 2015 (see s. 2(a)); s. 3‑8: 30 Nov 2015 (see s. 2(b) and (c) and *Gazette* 13 Nov 2015 p. 4632) | | **Reprint 1: The *Mental Health Act 2014* as at 15 Apr 2016** (includes amendments listed above) | | | | | *Health Services Act 2016* s. 296 | 11 of 2016 | 26 May 2016 | 1 Jul 2016 (see s. 2(b) and *Gazette* 24 Jun 2016 p. 2291) | | *Local Government Legislation Amendment Act 2016* Pt. 3 Div. 24 | 26 of 2016 | 21 Sep 2016 | 21 Jan 2017 (see s. 2(b) and *Gazette* 20 Jan 2017 p. 648) | | *Health Practitioner Regulation National Law (WA) Amendment Act 2018* s. 114 | 4 of 2018 | 19 Apr 2018 | 1 Dec 2018 (see s. 2(d) and *Gazette* 13 Nov 2018 p. 4427‑8) | | *Legal Profession Uniform Law Application Act 2022* s. 424 | 9 of 2022 | 14 Apr 2022 | 1 Jul 2022 (see s. 2(c) and SL 2022/113 cl. 2) | | *Health Services Amendment Act 2023* Pt. 3 | 1 of 2023 | 22 Feb 2023 | 1 Jul 2023 (see s. 2(b) and SL 2023/103 cl. 2) | | *Criminal Law (Mental Impairment) Act 2023* Pt. 15 Div. 20 | 10 of 2023 | 13 Apr 2023 | 1 Sep 2024 (see s. 2(b) and SL 2024/175 cl. 2) | | ***Mental Health Act 2014* with editorial changes as at 26 Jun 2025** | | | | Editorial changes table The *Legislation Act 2021* Part 3 authorises the Parliamentary Counsel to make editorial changes to laws. This power cannot be used to change the effect of a law. If an editorial change is made to a law, the law has effect as if the change had been made by another law that amended the law and commenced on the day on which the change is made. To see the editorial changes included in a version of a law, see the compare document for that version on the WA legislation website. | **Provision/s affected** | **Authorising provision of *Legislation Act 2021* Part 3** | **Effective date** **of change** | | --- | --- | --- | | s. 457 | s. 34(2)<br>[s. 34(1) def. (h)] | 26 Jun 2025 | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Evidence Act 2025* s. 492(2) | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) | Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** 1996 Act 590 accused 348 admission 4 adult 4 advance health directive 4 advocacy services officer 374(1) Agency 4 application 379, 493 apprehension and return order 98(1) approved form 4, 160 approved product information 304(2) authorised hospital 4 authorised mental health practitioner 4 authorised person 161 Board 678 bodily restraint 4 bodily restraint order 226 carer 4 Carers Charter 305 CEO 4, 573(1), 574(1) CEO of the Health Department 4 Charter of Mental Health Care Principles 4 Chief Mental Health Advocate 4 Chief Psychiatrist 4 child 4 child and adolescent psychiatrist 4 CLMI Act 4 close family member 4 commencement day 590, 678 community mental health service 4 community treatment order 4, 113 company 579(1) complainant 305 complaint 305, 345(1) Complaints Office 305 Complaints Office staff 305 complaints procedure 308(1) continuation order 85, 113, 121(1) continued community treatment order 590 continued inpatient treatment order 590 continued involuntary treatment order 590 corresponding law 551(1) corresponding overseas authority 572(1) decision 379, 471(1), 493 decision-maker 455(1) decision or order 503(1) detention period 85 Director 305 Director of the Complaints Office 4 discharge 4 disclosing CEO 573(2), 574(2) document 4 electroconvulsive therapy 4 emergency psychiatric treatment 4 enduring guardian 4 enduring power of guardianship 4 excluded mental health service 323(1) extension order 152(3) file 4 first treatment period 118(1) further opinion 121(5), 182(2) GAA Act 4 general hospital 4 guardian 4 Health Department 4 Health Minister 4 health professional 4 hearing 379, 493 hospital 4 identified person 348 information about a proceeding 468(1), 502(1) informed consent 4 initial order 645(1) initial review period 386(1) inpatient treatment order 4 intergovernmental agreement 551(1) interstate authority 572(1) interstate community patient 551(1) interstate community treatment order 551(1) interstate inpatient 551(1) interstate inpatient treatment order 551(1) interstate mental health service 551(1) investigation 305 involuntary community patient 4, 113 involuntary inpatient 4 involuntary patient 4 involuntary treatment order 4 last review 387(1) last review day 387(1), 646(2) leave of absence 104 long-term voluntary inpatient 404 maximum extension period 389(1) medical practitioner 4 member 379 mental health advocate 4 mental health practitioner 4 mental health service 4, 12(1), 252, 305, 348, 507, 572(1), 574(1) Mental Health Tribunal 4 mental illness 4 Mental Impairment Review Tribunal 4 metropolitan area 4 Minister 4 month 201(2) neurosurgeon 4 nominated person 4 nomination 4 notifiable event 138(1) notifiable incident 525 nurse 4 occupational therapist 4 off-label treatment 304(2) oral authorisation 211, 226 order to attend 128(2) parent or guardian 4 party 379, 493 patient 4 patient’s psychiatrist 4 periodic review period 387(1) personal information 4 personal possessions 259(2) personal support person 4 person concerned 379, 493 person’s representative 334(1) prejudicial conduct 345(1) prescribed 309(1) prescribed financial market 579(1) prescribed number of days 387(1) prescribed period 389(1) prescribed person 317(1), 454(1) prescribed provision 171 prescribed requirement 422 prescribed State authority 573(1) President of the Tribunal 379 presiding member 379 private hospital 4 private psychiatric hostel 4 proceeding 379, 493 product information 304(2) provide, 305 psychiatrist 4 psychologist 4 psychosurgery 4 publication day 676(1) public hospital 4 publish 468(1), 502(1) question of law 403(1), 441(1), 495(1) registered service provider 326(1) registered therapeutic goods 304(2) registrar 379 registration board 4 registry officer 379 related person 579(1) relative 316(1), 579(1) relevant decision 389(1) relevant document 247 relevant information 334(1), 523(1), 572(1), 573(1), 574(1) relevant interest 579(1) relevant record 334(1) relevant written law 576(1) remuneration 4 reportable incident 254(1) requesting CEO 573(3), 574(3) respondent 305 restricted information 461(1) reviewable decision 455(1) review period 118(1), 389(1) review proceeding 455(1) revocation order 101(1), 154(1), 581(3) seclusion 4 seclusion order 211 serious adverse event 201(2) service provider 305, 422 social worker 4 specified 676(1) specified information 314(1) staff member 4 State authority 572(1) State inpatient 551(1) substantial holding 579(1) supervised person 4 supervising psychiatrist 4, 113 traditional healer 4 transfer approval order 557(1) transfer order 66(1), 91(2), 555(1) transitional matter 676(1) transport officer 4, 147 treating practitioner 113 treating psychiatrist 4 treatment 4 treatment decision 4 treatment in the community 4 treatment order 397 treatment period 113 treatment, support and discharge plan 4 Tribunal 379 urgent non-psychiatric treatment 242(2) voluntary inpatient 4 voluntary patient 4 witness 379 youth advocate 350(2) This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer