FORENSIC DISABILITY ACT 2011 No. 13 - SECT 139 139 Application of applied provisions

FORENSIC DISABILITY ACT 2011 No. 13 - SECT 139

(1) This section applies for applying the applied provisions.

(2) Subject to subsection (3), the applied provisions apply as if—

(a) a reference in the provisions to a forensic patient, patient or involuntary patient, were a reference to a forensic disability client; and

(b) a reference in the provisions to a special notification forensic patient were a reference to a special notification client; and

(c) a reference in the provisions to the director, or the director (of mental health), were a reference to the director under this Act; and

(d) a reference in the provisions to an administrator were a reference to the administrator under this Act; and

(e) a reference in the provisions to an allied person were a reference to an allied person under this Act; and

(f) a reference in the provisions to an authorised doctor, or authorised psychiatrist, were a reference to a senior practitioner; and

(g) a reference in the provisions to a health practitioner were a reference to a practitioner; and

(h) a reference in the provisions to an authorised mental health service, treating health service or in-patient facility were a reference to the forensic disability service; and

(i) a reference in the provisions to the forensic disability service were a reference to an authorised mental health service; and

(j) a reference in the provisions to treatment, or care, were a reference to care and support; and

(k) a reference in the provisions to a treatment plan were a reference to an individual development plan; and

(l) a reference in the provisions to limited community treatment were a reference to limited community treatment within the meaning of this Act; and

(m) a reference in the provisions to examining a patient were a reference to assessing a forensic disability client; and

(n) a reference in the provisions to an examination of a patient were a reference to an assessment of a forensic disability client; and

(o) a reference in the Mental Health Act, section 169D(1) to an application under that Act, section 169A(3) were a reference to an application under this Act; and

(p) a reference in the provisions to a transfer order were a reference to a transfer order within the meaning of this Act; and

(q) a reference in the provisions to the Mental Health Act were a reference to this Act.

(3) Subsection (2) does not apply to the following provisions of the Mental Health Act—

• section 288(6) to (9)

• section 288AA

• section 318O(1A)

• section 325(2)(b)

• section 337(6) and (7)

• section 451A.

(4) The applied provisions also apply with any other necessary changes.

Example of operation of this section—

Under the Mental Health Act, section 203(2)(e), as applied under section 131 and this section, the tribunal may make an order that a forensic disability client be transferred from the forensic disability service to an authorised mental health service.