Mental Health Act 2016
sec.828Effect of tribunal’s decision on existing review
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sec.828 Effect of tribunal’s decision on existing review
A decision made by the tribunal on a review dealt with under the repealed Act as continued in effect under this division has effect for the new Act as if the decision were made under the new Act. For subsection (1), the decision takes effect under the new Act— if the decision was made under the repealed Act, chapter 6, part 1—in relation to the treatment authority taken to be made for the person under this part; or if the decision was made under the repealed Act, chapter 6, part 3—in relation to the forensic order (mental health) or forensic order (disability) taken to be made for the person under this part. A decision by the tribunal on an application for an approval mentioned in section 826(1)(b) or (c) is taken to have been made under the new Act, chapter 12, part 9. This section is subject to section 830. (sec.828-ssec.1) A decision made by the tribunal on a review dealt with under the repealed Act as continued in effect under this division has effect for the new Act as if the decision were made under the new Act. (sec.828-ssec.2) For subsection (1), the decision takes effect under the new Act— if the decision was made under the repealed Act, chapter 6, part 1—in relation to the treatment authority taken to be made for the person under this part; or if the decision was made under the repealed Act, chapter 6, part 3—in relation to the forensic order (mental health) or forensic order (disability) taken to be made for the person under this part. (sec.828-ssec.3) A decision by the tribunal on an application for an approval mentioned in section 826(1)(b) or (c) is taken to have been made under the new Act, chapter 12, part 9. (sec.828-ssec.4) This section is subject to section 830.
- (a) if the decision was made under the repealed Act, chapter 6, part 1—in relation to the treatment authority taken to be made for the person under this part; or
- (b) if the decision was made under the repealed Act, chapter 6, part 3—in relation to the forensic order (mental health) or forensic order (disability) taken to be made for the person under this part.