South Australian Consolidated Acts

MENTAL HEALTH ACT 1993 - SCHEDULE

Schedule—Transitional provisions

6—Interpretation

In this Schedule—

the former Board means the Guardianship Board established under the former Act;

the new Board means the Guardianship Board established under the Guardianship and Administration Act 1993 ;

the former Act means the Mental Health Act 1977 .

7—Approved hospitals become approved treatment centres

On the commencement of this Act, an approved hospital under the former Act will be taken to be an approved treatment centre under this Act.

8—Guardianship orders under former Act

Where a guardianship order was in force under the former Act immediately prior to the commencement of this Act, the following provisions apply:

            (a)         the guardianship order continues to have force as a guardianship order under the Guardianship and Administration Act 1993 ;

            (b)         any order that was ancillary to the guardianship order continues to have force as a term of the guardianship order;

            (c)         any reference to the board in the order will be taken to be a reference to the new Board;

            (d)         the new Board must review the order within one year of the commencement of this Act;

            (e)         on reviewing the order (whether pursuant to paragraph (d) or pursuant to the terms of the order), the Board—

                  (i)         must revoke the order unless the Board is satisfied that there are proper grounds for it to remain in force; and

                  (ii)         must, if the order is to remain in force, vary its terms so that it accords with the requirements of the Guardianship and Administration Act 1993 , and may make such other variation to its terms as the Board thinks appropriate.

9—Administration orders under former Act

An order appointing an administrator that was in force under the former Act immediately prior to the commencement of this Act continues to have force as an administration order under the Guardianship and Administration Act 1993 .

10—Certain delegations remain in force

Where a delegation of the former Board's power to consent to the carrying out of a medical or dental procedure on a particular person was in force under the former Act immediately prior to the commencement of this Act, the following provisions apply:

            (a)         the delegation remains in force;

            (b)         the delegated power will, for the purposes of the Guardianship and Administration Act 1993 , be taken to be a power to consent to the giving of medical or dental treatment and the delegate will be taken to be the appropriate authority for the purposes of that Act;

            (c)         the new Board may vary or revoke the delegation at any time;

            (d)         the new Board may exercise the power to consent notwithstanding the delegation;

            (e)         the new Board must, as soon as practicable after the commencement of this Act (but within three years of that commencement) review each such delegation and, on completion of a review—

                  (i)         must revoke the delegation; and

                  (ii)         may, subject to and in accordance with the Guardianship and Administration Act 1993 , make a guardianship order limited to empowering the guardian to consent to the giving of medical or dental treatment to the person the subject of the order;

            (f)         in making a limited guardianship order pursuant to paragraph (e), the new Board must deal with the matter as if an application for such an order had been made to the Board.

11—Detention orders remain in force

An order made under section 14(8) of the former Act for the detention of a person that was in force immediately prior to the commencement of this Act continues to have force as an order for detention made under section 13 of this Act for a period expiring 12 months after the commencement of this Act.

12—Part-heard proceedings under the former Act

        (1)         Where the former Board is continuing the hearing of proceedings that were instituted under the former Act but not completed before the commencement of this Act, this Act or the Guardianship and Administration Act 1993 , as the case may require, applies to and in relation to those proceedings and any order to be made in the proceedings must accord with this Act or that other Act, as the case may be.

        (2)         Where the Mental Health Review Tribunal under the former Act is continuing the hearing of proceedings that were commenced under the former Act but not completed before the commencement of this Act, any order to be made in the proceedings must accord with this Act or the Guardianship and Administration Act 1993 , as the case may require.