Australian Capital Territory Numbered Acts

MENTAL HEALTH (CONSEQUENTIAL PROVISIONS) ACT 1994 (NO 45 OF 1994)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Mental Health (Consequential Provisions) Act 1994.  
   3.      In this Act—“commencement day” means the day on which the provision in which the expression appears commences; “new Act” means the Mental Health (Treatment and Care) Act 1994; “repealed Act” means the Mental Health Act 1983 as in force immediately before the commencement day; “Tribunal” means the Mental Health Tribunal established by section 10 of the new Act.  

   PART II--MENTAL HEALTH ACT 1983 REPEAL

   4.      The Mental Health Act 1983 is repealed.  
   5.      The person who immediately before the commencement day held an appointment as Director of Mental Health Services under section 6 of the repealed Act shall, on and after that day, be taken to have been appointed as Director of Mental Health Services under section 112 of the new Act on the same terms and conditions that applied to the person immediately before that day.  
   6.      A person who immediately before the commencement day held an appointment to act as the Director of Mental Health Services under section 10 of the repealed Act shall, on and after that day be taken to have been appointed to act as the Director of Mental Health Services under section 117 of the new Act on the same terms and conditions that applied to the person immediately before that day.  
   7.      A delegation made by the Director of Mental Health Services under section 11 of the repealed Act and in force immediately before the commencement day shall, on and after that day, be taken to have been made by the Director of Mental Health Services under section 118 of the new Act.  
   8.      A person who immediately before the commencement day held an appointment as a Mental Health Officer under section 12 of the repealed Act shall, on and after that day, be taken to have been appointed as a Mental Health Officer under section 119 of the new Act on the same terms and conditions that applied to the person immediately before that day.  
   10.     (1) An application for a treatment order made under section 28 of the repealed Act that was pending immediately before the commencement day shall, on and after that day, be taken to be an application to the Tribunal for a mental health order under section 14 of the new Act.  
   11.     (1) An application to obtain approval for the administration of convulsive therapy made under section 45 of the repealed Act that was pending immediately before the commencement day shall, on and after that day, be taken to be an application to the Tribunal under section 55 of the new Act.  
   14.     A determination made under section 79 of the repealed Act and in force immediately before the commencement day shall, on and after that day, be taken to have been made under section 146 of the new Act.  
   15.     The report required to be furnished under section 120 of the new Act in relation to the financial year in which that section commences shall include details of the operations of the Director of Mental Health Services under the repealed Act during that year.  

   PART III--CHILDREN'S SERVICES ACT 1986

   16.     In this Part, “Principal Act” means the Children's Services Act 1986.  
   17.     Section 4 of the Principal Act is amended by inserting in subsection (1) the following definitions:“ ‘mental dysfunction' means a disturbance or defect, to a substantially disabling degree, of perceptual interpretation, comprehension, reasoning, learning, judgment, memory, motivation or emotion; ‘mental health order' means an order of a kind described in section 29 of the Mental Health (Treatment and Care) Act 1994 made by the Mental Health Tribunal; ‘Mental Health Tribunal' means the Mental Health Tribunal established by section 10 of the Mental Health (Treatment and Care) Act 1994;”.  
   18.     Section 33 of the Principal Act is amended by inserting after paragraph (3) (h) the following paragraph:  
   19.     After section 46 of the Principal Act the following section is inserted in Division 2 of Part IV:  
   20.     Section 47 of the Principal Act is amended by adding at the end of subsection (1) the following paragraph:  
   21.     After section 49 of the Principal Act the following section is inserted:  
   22.     Section 83 of the Principal Act is amended—  
   23.     After section 83 of the Principal Act the following section is inserted:  

   PART IV--COMMUNITY ADVOCATE ACT 1991 PRINCIPAL ACT

   24.     In this Part, “Principal Act” means the Community Advocate Act 1991.  
   25.     Section 3 of the Principal Act is amended—  
   26.     Section 13 of the Principal Act is amended—  
   27.     Section 14 of the Principal Act is amended by inserting in subsection (2) “Guardianship” before “Tribunal” (wherever occurring).  
   28.     Section 15 of the Principal Act is amended by inserting in paragraph (b) “Guardianship” before “Tribunal”.  
   29.     Section 16 of the Principal Act is amended by inserting “Guardianship” before “Tribunal”.  

   PART V--AMENDMENT OF OTHER ACTS INTERPRETATION ACT 1967

   30.     Section 33G of the Interpretation Act 1967 is amended by omitting from subsection (1) “20B,”.  
   31.     The Lunacy Act 1898 (NSW) in its application in the Territory is repealed.  
   32.     Section 5 of the Mental Health Act 1962 is repealed.  
   33.     Section 7 of the Removal of Prisoners Act 1968 is amended by omitting “sections 8A and 10A” and substituting “section 8A”.  
   34.     (1) In this section, “Principal Act” means the Guardianship and Management of Property Act 1991.  
   35.     The laws specified in the Schedule are amended as set out in the Schedule.  

   PART VI--TRANSITIONAL ARRANGEMENTS FOR FORENSIC DETAINEES

   36.     For the purposes of subsection 27 (2) of the Crimes Legislation Amendment Act (No. 2) 1989 of the Commonwealth (in this Part called the “applying Act”), on the commencement of Part XIA of the Crimes Act and Part VIII of the new Act, section 20B of the Crimes Act 1914 of the Commonwealth as continued in force by virtue of subsection 27 (1) of the applying Act ceases to apply.  
   38.     Where—  
           SCHEDULE