Mental Health Act 2016
sec.838Limited community treatment for forensic patient
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sec.838 Limited community treatment for forensic patient
This section applies to a forensic order (mental health) or forensic order (disability) taken to have been made for a person under this division. If, under the repealed Act, limited community treatment for the person was ordered or approved by the Mental Health Court or the tribunal, or authorised by an authorised doctor— the limited community treatment is taken to be ordered or approved, or authorised, under the new Act; and the nature and extent of the limited community treatment continues unaffected by the commencement of the new Act. If the limited community treatment was authorised under the repealed Act by an authorised doctor, the authorisation may be amended or revoked by an authorised doctor under the repealed Act as if the new Act had not commenced. However, subsection (3) does not apply if the forensic order (mental health) or forensic order (disability) has been reviewed under the new Act. (sec.838-ssec.1) This section applies to a forensic order (mental health) or forensic order (disability) taken to have been made for a person under this division. (sec.838-ssec.2) If, under the repealed Act, limited community treatment for the person was ordered or approved by the Mental Health Court or the tribunal, or authorised by an authorised doctor— the limited community treatment is taken to be ordered or approved, or authorised, under the new Act; and the nature and extent of the limited community treatment continues unaffected by the commencement of the new Act. (sec.838-ssec.3) If the limited community treatment was authorised under the repealed Act by an authorised doctor, the authorisation may be amended or revoked by an authorised doctor under the repealed Act as if the new Act had not commenced. (sec.838-ssec.4) However, subsection (3) does not apply if the forensic order (mental health) or forensic order (disability) has been reviewed under the new Act.
- (a) the limited community treatment is taken to be ordered or approved, or authorised, under the new Act; and
- (b) the nature and extent of the limited community treatment continues unaffected by the commencement of the new Act.