Mental Health (Transitional) Regulation 2017

1Short title

This regulation may be cited as the Mental Health (Transitional) Regulation 2017.

2Commencement

This regulation commences on 5 March 2017.

3Declaration that regulation is a transitional regulation—Act, s 864

This regulation is a transitional regulation.

Note—

Under section 864(4) of the Act, this regulation expires on 5 March 2018.

4Person subject to multiple forensic orders (mental health)

(1)This section applies if, immediately before the commencement of the Act, a person is subject to 2 or more forensic orders (mental health) of the type mentioned in section 836(2) of the Act.

(2)When the first review, under chapter 12 of the Act, of 1 of the orders is heard by the tribunal, the tribunal must—

(a)conduct the review as a periodic review, under chapter 12 of the Act, of all of the orders as if they were a single forensic order (mental health); and

(b)in exercising the powers of the tribunal under chapter 12, part 3 of the Act, combine all of the orders into a single forensic order (mental health).

(3)This section does not limit section 839 or 851 of the Act or the powers of the tribunal under chapter 12, part 3 of the Act.

5Person subject to multiple forensic orders (disability)

(1)This section applies if, immediately before the commencement of the Act, a person is subject to 2 or more forensic orders (disability) of the type mentioned in section 837(2) of the Act.

(2)When the first review, under chapter 12 of the Act, of 1 of the orders is heard by the tribunal, the tribunal must—

(a)conduct the review as a periodic review, under chapter 12 of the Act, of all of the orders as if they were a single forensic order (disability); and

(b)in exercising the powers of the tribunal under chapter 12, part 3 of the Act, combine all of the orders into a single forensic order (disability).

(3)This section does not limit section 839 or 851 of the Act or the powers of the tribunal under chapter 12, part 3 of the Act.

6Continuation of interstate agreements

(1)An interstate agreement in force immediately before the commencement of the Act continues in force for—

(a)the purpose of a corresponding law; and

(b)the period the agreement would have been in force if the repealed Act had not been repealed.

(2)In this section—

corresponding law means each of the following—

•Mental Health Act 2015 (ACT)

•Mental Health Act 2007 (NSW)

•Mental Health Act 2014 (Vic).

interstate agreement means an interstate agreement entered into under the repealed Mental Health Act 2000, section 176.