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MENTAL HEALTH ACT 2016 - SECT 815 Involuntary treatment orders

MENTAL HEALTH ACT 2016 - SECT 815

Involuntary treatment orders

815 Involuntary treatment orders

(1) An involuntary treatment order under the repealed Act that was in force immediately before the commencement is taken to be a treatment authority under the new Act.
(2) On the commencement—
(a) the category of the treatment authority is the category of the involuntary treatment order; and
(b) the new Act applies in relation to the category of the treatment authority as if the authority had been made under the new Act.
(3) Any conditions of the involuntary treatment order, including conditions about limited community treatment, are taken to be conditions of the treatment authority.
(4) Subject to section 818, if, under the repealed Act and immediately before the commencement, limited community treatment was authorised under the involuntary treatment order by an authorised doctor, the limited community treatment is taken to be authorised under the new Act.
(5) If, immediately before the commencement, the person subject to the involuntary treatment order had not been examined under the repealed Act, section 112 by an authorised psychiatrist, an authorised psychiatrist must review the treatment authority under the new Act, section 56.
(6) If, immediately before the commencement, notice of the making of the involuntary treatment order had not been given under the repealed Act, section 113, notice must be given in accordance with the new Act, section 55.
(7) An assessment of the person subject to the treatment authority must be made under the new Act, section 205 within 3 months after the commencement.
(8) Without limiting subsections (2) to (7)—
(a) for the purposes of the new Act, the treatment authority is taken to have been made when the involuntary treatment order was made under the repealed Act; and
(b) the new Act applies in relation to the treatment authority as if it were made under the new Act.
(9) To remove any doubt, it is declared that the person subject to the involuntary treatment order is taken to have been subject to the treatment authority for any period during which the person was subject to the order.