Mental Health (Transitional and Consequential Provisions) Act 2013
An Act to amend certain legislation and provide for transitional matters consequent on the enactment of the Mental Health Act 2013 , to repeal and rescind certain legislation consequent on that enactment and for related purposes
[Royal Assent 13 December 2013]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Mental Health (Transitional and Consequential Provisions) Act 2013 .
(1) Except as provided in this section, this Act commences on the day on which all of the provisions of the Mental Health Act 2013 commence.(2) Section 55 and Schedule 2 commence on 31 December 2013.
PART 2 - Transitional Provisions
Division 1 - Preliminary
(1) In this Part –commencement day means the day on which all of the provisions of the new Act commence;defunct Tribunal means –(a) the Mental Health Tribunal constituted under the old Act; or(b) the Forensic Tribunal established under the old Act;new Act means the Mental Health Act 2013 ;new mental health scheme means the scheme for the assessment, treatment and care of persons with mental illness provided for by the new Act;new Tribunal means the Tribunal as established and constituted under the new Act;old Act means the Mental Health Act 1996 as in force immediately before the commencement day;old mental health scheme means the scheme for the care and treatment of persons with mental illnesses that was in place under the old Act;old Tribunal means the Mental Health Tribunal constituted under the old Act;transitional period means the 6-month period commencing on the commencement day;transitional necessity means an action that is, or may be, necessary or expedient to facilitate an orderly and fair transition from the old mental health scheme to the new mental health scheme.(2) If an expression used in this Part is defined in the new Act, whether for the new Act generally or for a particular Chapter, Part or Division of the new Act, the expression has, unless the contrary intention appears, the same meaning in this Part as in the new Act or, as the case may be, particular Chapter, Part or Division of the new Act.
Division 2 - Facilities and infrastructure
4. Assessment and treatment facilities
(1) A place that was an approved hospital under the old Act is an approved hospital under the new Act.(2) A place that was an assessment centre under the old Act is an approved assessment centre under the new Act.(3) A place that was a secure mental health unit under the old Act is a secure mental health unit under the new Act.(4) For the purposes of subsections (1) , (2) and (3) , if a place that was an approved hospital, assessment centre or secure mental health unit under the old Act held that status conditionally, its status as an approved hospital, approved assessment centre or secure mental health unit under the new Act is subject to the same conditions.(5) Subsections (1) , (2) and (3) are taken to be approvals under section 140 of the new Act taking effect on the commencement day.(6) For the purposes of section 142 of the new Act, anything that the Minister reasonably considers to be a transitional necessity constitutes reasonable grounds for revocation.
(1) An institution that was a secure institution under the old Act and that is not an approved facility is a secure institution under the new Act.(2) Subsection (1) is taken to be an approval under section 141 of the new Act.
Division 3 - Personnel and administration
6. Chief Forensic Psychiatrist
(1) The person who held the office of Chief Forensic Psychiatrist under the old Act is the Chief Forensic Psychiatrist under the new Act, on the same terms and conditions specified in his or her instrument of appointment under the old Act.(2) However, unless sooner terminated, the person's appointment as Chief Forensic Psychiatrist under the new Act is terminated when whichever of the following occurs first:(a) the fifth anniversary of the person's appointment as Chief Forensic Psychiatrist under the old Act;(b) the person resigns, retires or otherwise relinquishes the appointment;(c) a loss of professional standing or other event that would render the person ineligible to be appointed as the Chief Forensic Psychiatrist under the new Act.(3) Nothing in subsection (2) is to be taken as disqualifying the person from seeking or accepting subsequent appointment as a Chief Psychiatrist under the new Act if, at the relevant time, he or she is eligible to be so appointed.
7. Approved medical practitioners
(1) A person who was an approved medical practitioner under the old Act is an approved medical practitioner under the new Act.(2) Subsection (1) is taken to be a medical practitioner approval under section 138 of the new Act taking effect on the commencement day.(3) However, unless sooner terminated, the person's appointment as an approved medical practitioner under the new Act is terminated when whichever of the following occurs first:(a) the fifth anniversary of the commencement day;(b) the person resigns, retires or otherwise relinquishes the appointment or the appointment is revoked;(c) the person ceases to meet the criteria for appointment under section 138 of the new Act.(4) A notice of the appointment of a medical practitioner published in the Gazette under the old Act is taken to be publication under section 138(16) of the new Act.(5) For the purposes of section 138(14) of the new Act, any matter that the Chief Psychiatrist considers to be a transitional necessity is reasonable grounds for revocation of an approval.
8. Approved psychiatric nurses
All approvals of persons as approved psychiatric nurses under the old Act are revoked.
(1) A person who was an authorised officer under the old Act or the Mental Health Regulations 2009 is approved as a mental health officer under the new Act.(2) An approval under subsection (1) is taken to be an approval under section 139 of the new Act taking effect on the commencement day.(3) Unless sooner terminated, a person's authorisation under the new Act is terminated when whichever of the following occurs first:(a) the fifth anniversary of the commencement day;(b) the person resigns, retires or otherwise relinquishes the authorisation or the authorisation is revoked;(c) the person ceases to meet the criteria for appointment under section 139 of the new Act.(4) For the purposes of section 139(6) of the new Act, any matter that the Chief Psychiatrist considers to be a transitional necessity may be reasonable grounds for revoking an approval under subsection (1) .(5) Section 139(9) of the new Act does not apply to an approval under subsection (1) of this section.
(1) Subject to this section –(a) a person who was an authorised person for the purposes of Part 10A of the old Act is an authorised person for the purposes of Parts 4 and 5 of Chapter 2 of the new Act (to the extent that the person's authorisation under the old Act is translatable to and exercisable under the new Act); and(b) a person who was an authorised person for the purposes of a provision of Part 10A of the old Act is, if there is a corresponding provision in Part 4 or 5 of Chapter 2 of the new Act, an authorised person for that corresponding provision (to the extent that the person's authorisation under the old Act is translatable to and exercisable under the new Act).(2) The person's status as an authorised person may be revoked at any time by –(a) the CFP (if the status was conferred by the Chief Forensic Psychiatrist under the old Act); or(b) the controlling authority of any SMHU where the authorised person is for the time being employed, engaged or attending (if the status was conferred by the controlling authority of a secure mental health unit under the old Act).(3) For the purposes of subsection (2) , anything that the CFP or relevant controlling authority reasonably considers to be a transitional necessity constitutes reasonable grounds for revocation.
All authorisations of registered nurses to exercise the power contained in section 23(2) of the old Act are revoked.
(1) A person who was appointed as coordinator under section 74P(2) of the old Act is taken to be the Principal Official Visitor under the new Act until whichever of the following occurs first:(a) the transitional period ends;(b) the person ceases to meet the criteria for appointment as set out in section 155(3) of the new Act;(c) the person vacates office or is removed from office under Schedule 5 to the new Act.(2) A person who was an official visitor under the old Act is taken to be an Official Visitor under the new Act until whichever of the following occurs first:(a) the transitional period ends;(b) the person ceases to meet the criteria for appointment as set out in section 155(3) of the new Act;(c) the person vacates office or is removed from office under Schedule 5 to the new Act.(3) Notwithstanding clause 5(4) of Schedule 5 to the new Act, the Governor may remove a Principal Official Visitor from office during the transitional period if the Governor considers it to be a transitional necessity.(4) Notwithstanding clause 6(4) of Schedule 5 to the new Act, the Principal Official Visitor may remove an Official Visitor from office during the transitional period if the Principal Official Visitor considers it to be a transitional necessity.
(1) The old Tribunal is dissolved and all appointments under clause 1(1)(a) of Schedule 1 to the old Act are revoked.(2) The Forensic Tribunal under the old Act is dissolved and all appointments under section 73U(2) of the old Act are revoked.(3) However, a person who held an appointment referred to in subsection (1) or (2) is, if qualified, eligible to be appointed as a member of the new Tribunal.(4) Any proceedings that, immediately before the commencement day, were on foot before a defunct Tribunal, are to be continued before the new Tribunal.(5) All arrangements or appointments under section 73X, 73Y and 73Z of, and clause 8 of Schedule 1 to, the old Act of persons to assist the old Tribunal are revoked.
(1) A person whose appointment, approval or authorisation is revoked under this Part is not, on that account, entitled to any remuneration or compensation.(2) However, subsection (1) does not limit the operation of section 16 of the Acts Interpretation Act 1931 in its application to any remuneration, fees or allowances to which the person may have been entitled in respect of the appointment, authorisation or approval before the commencement day.
Division 4 - Persons in custody
(1) This section applies if, immediately before the commencement day, a person was in the custody of a police officer, authorised officer or approved nurse (custodian) under the old Act.(2) Despite the repeal of the old Act, the custodian may continue to hold the person in custody.(3) In the case of custody under section 15(1) of the old Act –(a) section 16(1) and (2) of the old Act continue to apply; and(b) the person must be released from custody if –(i) before or during the authorised detention period –(A) informed consent is given to assess or treat the person under the new Act; or(B) an assessment order or treatment order is made in respect of the person under the new Act; or(C) the custodian reasonably forms the belief that the person no longer meets the criteria for being taken into custody under either section 15(1)(a) and (b) of the old Act or section 17(1)(a) , (b) and (c) of the new Act; or(ii) the authorised detention period expires and none of the things referred to in subparagraph (i) has occurred.(4) In the case of custody under section 23(2) of the old Act, the person must be released from custody when the period referred to in subsection (3) of that section expires if, by then, an assessment order or treatment order has not been made in respect of the person under the new Act.(5) In the case of custody under section 26(3) of the old Act, the custodian must take action, as soon as possible, to have the person assessed by an approved medical practitioner to –(a) confirm whether the person meets the assessment criteria; and(b) determine if the person also meets the treatment criteria.(6) In the case of custody under section 28(5) of the old Act, the custodian must take the person to the approved hospital as soon as practicable so that the patient, without informed consent, can be admitted to, and detained in, the approved facility for the purpose of receiving treatment.(7) In the case of custody under section 38(1) of the old Act, the custodian must return the person to the relevant approved hospital as soon as practicable.(8) In the case of custody under section 44B(1) of the old Act, the custodian must take the person to the relevant approved hospital as soon as practicable so that the patient, without informed consent, can be admitted to, and detained in, the approved facility for the purposes of receiving treatment.(9) In the case of custody under section 73F(2) of the old Act, the custodian must return the patient to the relevant SMHU as soon as practicable.(10) If the transport of a patient under this section had not actually commenced or was still in progress immediately before the commencement day, the custodian in charge of the patient in connection with the transport is taken to be a custodian or escort referred to in Schedule 2 to the new Act and is invested with all the powers of a custodian or escort set out in that Schedule.(11) In this section –custody includes protective custody.
Division 5 - Involuntary patients
16. Applications for involuntary admission and detention
On the commencement day, an application under section 25 of the old Act lapses if it has not resulted in an order being made under section 26 of that Act.
17. Initial orders for admission
(1) Subject to subsection (2) , an initial order made under the old Act and in force immediately before the commencement day is taken to be an assessment order under the new Act.(2) An initial order referred to in subsection (1) in respect of a person ceases to have effect when whichever of the following occurs first:(a) the expiration of a period of 72 hours after the order is made, if the person has not been admitted to an approved facility within that time;(b) the expiration of a period of 24 hours after the person is admitted to an approved hospital if the order has not been –(i) confirmed by an approved medical practitioner under section 26(5) of the old Act, where the person was examined before midnight on 16 February 2014; or(ii) affirmed by an approved medical practitioner under section 32 of the new Act, where the person was examined after midnight on 16 February 2014;(c) the expiration of a period of 72 hours after the person is admitted to an approved hospital if the order has been confirmed by an approved medical practitioner under section 26(5) of the old Act before midnight on 16 February 2014;(d) at the end of the period for which the order was extended, if the order was affirmed and extended under section 32 of the new Act after midnight on 16 February 2014;(e) the order is discharged –(i) by a medical practitioner under section 35 of the new Act; or(ii) by the Tribunal under section 180 of the new Act;(f) a treatment order is made in respect of the person.
(1) Subject to subsection (2) , a continuing care order under the old Act in force immediately before the commencement day continues in force according to its terms as a treatment order made under the new Act.(2) An order continued under subsection (1) continues in force until whichever of the following occurs first:(a) the order is discharged by –(i) a medical practitioner under section 49 of the new Act; or(ii) the Tribunal under section 181 of the new Act;(b) the expiration of a period of 6 months, or such shorter period as may be specified in the order, commencing on the day the order was made.(3) Section 181(1)(a) of the new Act does not apply to a continuing care order that has been –(a) reviewed by the old Tribunal under section 52(1) or (2) of the old Act; and(b) continued under subsection (1) .
19. Community treatment orders
(1) Subject to subsection (2) , a community treatment order made under section 41 of the old Act in force immediately before the commencement day continues in force according to its terms as a treatment order under the new Act.(2) An order continued under subsection (1) continues in force until whichever of the following occurs first:(a) the order is discharged by –(i) a medical practitioner under section 49 of the new Act; or(ii) the Tribunal under section 181 of the new Act;(b) the expiration of a period of 12 months, or such shorter period as may be specified in the order, commencing on the day the order was made.(3) Section 181(1)(a) of the new Act does not apply to a community treatment order that has been –(a) reviewed by the old Tribunal under section 52(1) or (2) of the old Act; and(b) continued under subsection (1) .
20. Suspended community treatment orders
If a community treatment order is in place on 16 February 2014 and suspended under section 44(3), (3A) or (3B) of the old Act –(a) the order continues to be suspended while the person remains a patient in the hospital and reactivates, according to its terms, as a treatment order under the new Act on the discharge of the person from the hospital, unless it has otherwise ceased to have effect; and(b) the person's treating medical practitioner must –(i) apply to the Tribunal under section 47(2)(a) of the new Act; or(ii) discharge the order under section 49 of the new Act, if the treating medical practitioner is an approved medical practitioner; or(iii) apply to an approved medical practitioner for the discharge of the order if the treating medical practitioner is not an approved medical practitioner.
21. Authorisations for temporary admission
An authorisation for temporary admission under section 44A of the old Act that is in place on 16 February 2014 continues in force according to its terms until whichever of the following occurs first:(a) the expiration of a period of 14 days after the authorisation is made;(b) the treatment order to which the authorisation relates ceases to have effect;(c) the Tribunal discharges the authorisation;(d) an approved medical practitioner discharges the authorisation.
Any consent to a treatment given by a person or patient, or on behalf of a person or patient, under the old Act or the Guardianship and Administration Act 1995 , and subsisting immediately before the commencement day, continues in force on and after that day according to its terms until the first of the following:(a) the consent is withdrawn by the person or body who gave it;(b) the Tribunal makes a treatment order, or varies an existing treatment order, to provide authority for the treatment consented to;(c) 30 June 2014.
An authorisation to place a person under bodily restraint under section 34 of the old Act that is in force immediately before the commencement day continues in force as an authorisation of mechanical or physical restraint, as the case may be, under section 57 of the new Act.
An authorisation to seclude a patient under section 35 of the old Act that is in force immediately before the commencement day continues in force as an authorisation of seclusion under section 56 of the new Act.
(1) This section applies to a grant of a leave of absence to an involuntary patient under section 37 of the old Act that had not been taken, completed or cancelled by the commencement day.(2) Subject to subsection (3) , the grant of the leave of absence continues in force according to its terms and conditions as a grant of a leave of absence under section 60 of the new Act.(3) A leave of absence continued under this section expires 14 days after the commencement day.(4) To avoid doubt, section 60(10) , (11) and (12) of the new Act apply to the leave of absence.
Any transfer initiated under section 39 of the old Act, though not completed by the commencement day, may proceed, and, for that purpose, that section of the old Act, other than subsections (4) and (5), continues in force.
Division 6 - Forensic patients
(1) This section applies to a person who, immediately before the commencement day, was being detained by the controlling authority of a secure mental health unit under section 72A or 72B of the old Act.(2) Detention of the person continues –(a) if section 72A applies, for the relevant period specified in subsection (2) of that section; or(b) if section 72B applies, for the relevant period specified in subsection (7) of that section.(3) On and from the commencement day –(a) sections 69 and 70 of the new Act apply to a person whose detention under section 72A of the old Act is continued under this section; and(b) sections 65 , 66 and 67 of the new Act apply to a person whose detention under section 72B of the old Act is continued under this section.(4) If the detention of a forensic patient has been extended for a period under section 36A(6) of the Corrections Act 1997 , the detention continues for that longer period.
28. Forensic patient request to return to prison
A determination to return a voluntary forensic patient referred to in section 72E of the old Act to the custody of the Director of Corrective Services or the Secretary (Youth Justice) continues in force according to its terms and conditions as if it were an agreement of the CFP under subsection (6) of section 70 of the new Act and that section applies to the extent that it is, or becomes, relevant.
Any medical treatment or procedure authorised under section 72G, 72H, 72I or 72J of the old Act may be continued in accordance with those provisions, and for that purpose those sections of the old Act continue in force, until any of the following occurs:(a) the treatment is completed;(b) consent for the treatment or procedure is withdrawn;(c) the Supreme Court or Family Court decides that treatment should not be continued;(d) the Tribunal makes a decision under Part 5 of Chapter 2 of the new Act about the person's treatment;(e) the Tribunal makes a decision under Part 3 of Chapter 3 of the new Act about the person's treatment;(f) the person is made the subject of an assessment order or a treatment order;(g) if the treatment is urgent circumstances treatment, any of the events referred to in section 87(9) of the new Act occurs.
30. Physical restraint of forensic patient
An authorisation to place a person under bodily restraint under section 72L of the old Act that is in force immediately before the commencement day continues in force as an authorisation of mechanical or physical restraint, as the case may be, under section 95 of the new Act.
31. Seclusion of forensic patient
An authorisation to seclude a patient under section 72N of the old Act that is in force immediately before the commencement day continues in force as an authorisation of seclusion under section 94 of the new Act.
Any use of force initiated under the old Act, that is being exercised immediately before midnight on 16 February 2014, may continue to be exercised to the extent that it is authorised under the new Act.
33. Leaves of absence for patients not subject to restriction orders
(1) This section applies to a grant of a leave of absence to a forensic patient under section 72P of the old Act that had not been taken, completed or cancelled by the commencement day.(2) The grant of the leave of absence continues in force according to its terms and conditions as a grant of a leave of absence under section 82 of the new Act.(3) To avoid doubt –(a) sections 82 and 83 of the new Act apply to the leave of absence (to the extent that it may be relevant); and(b) section 84 of the new Act applies to the leave of absence (to the extent that it may become relevant).
34. Leaves of absence for patients subject to restriction orders
(1) This section applies to a grant of a leave of absence to a forensic patient under section 72Q of the old Act that had not been taken, completed or cancelled by the commencement day.(2) The grant of the leave of absence continues in force according to its terms and conditions as a grant of a leave of absence under section 78 of the new Act.(3) To avoid doubt, sections 78 , 79 and 80 of the new Act apply to the leave of absence to the extent that they may be relevant.
35. Removals to hospitals, secure institutions, &c.
(1) Any removal of a forensic patient directed under section 73E(1) of the old Act though not commenced or completed by the commencement day may proceed as a removal under section 73 of the new Act.(2) If the removal had not actually commenced or was still in progress immediately before the commencement day, a person appointed under section 73E(2) of the old Act to take charge of the forensic patient in connection with the removal is taken to be, and is invested with all the powers of, an authorised person referred to in section 73(4) of the new Act.(3) Any failure to comply with section 73(2) , (3) or (6) of the new Act in respect of the removal does not affect or invalidate the removal.
36. Return of forensic patients to secure mental health unit
(1) An authorisation issued under section 73F of the old Act continues in force according to its terms as if it were an authorisation issued under section 75 of the new Act.(2) A warrant issued under section 73G of the old Act continues in force according to its terms as if it were a warrant issued under section 76 of the new Act.
37. Orders bringing persons before court
An order made under section 73K of the old Act continues in force according to its terms as if it were an order made under section 116 of the new Act.
Division 7 - Tribunals and proceedings
38. Records of defunct Tribunals
All reports, registers and other records made, received, held or maintained by a defunct Tribunal are records of the new Tribunal.
39. Uncommenced proceedings of defunct Tribunals
Where an application or motion has been made in proceedings before a defunct Tribunal and the proceedings have not been commenced, or have been commenced but not determined, by the commencement day –(a) the proceedings are taken to be proceedings before the new Tribunal; and(b) the Registrar and the President may make any orders and determinations that the Registrar or President may make under and for the purposes of the new Act.
Any court proceedings under the old Act that were commenced but not finally determined before the commencement day are to be continued in accordance with the new Act.
A summons issued under section 59 or 74F of the old Act continues in force according to its terms as if it were a summons issued by the Tribunal under clause 1 of Part 4 of Schedule 4 to the new Act.
Where a defunct Tribunal has required a report under section 36, 46, 60, 71, 72 or 74G of the old Act and the report has not, on the commencement day, been provided, the requirement continues in force according to its terms as if it were a requirement under clause 3 of Part 4 of Schedule 4 to the new Act.
43. Requirement for medical examination
Where a defunct Tribunal has required a person to submit to a medical examination under section 61 or 74H of the old Act and the person has not, on the commencement day, submitted to the examination, the requirement continues in force according to its terms as if it were a requirement under clause 2 of Part 4 of Schedule 4 to the new Act.
44. Determinations of Tribunal
A determination of a defunct Tribunal continues to have effect according to its terms as if it were a determination made by the Mental Health Tribunal under the new Act.
Division 8 - Official visitors
45. Complaints to official visitor
Any complaint made to an official visitor about a matter occurring before the commencement day is to be investigated by the Principal Official Visitor in accordance with the new Act or, if a Principal Official Visitor has not been appointed at the time the complaint is made, by an Official Visitor in accordance with the new Act.
(1) A request to report to the Minister under section 80 of the old Act continues to have effect as if it were a request under section 165(3)(b) of the new Act.(2) A requirement to provide a report to the Secretary under section 81 of the old Act continues to have effect as if it were a requirement under section 166 of the new Act.(3) An annual report required to be given under section 166 of the new Act is to include any information relevant to the performance of the Official Visitor's functions in the 6-month period immediately before the commencement day.
Division 9 - Miscellaneous transitional provisions
47. Transfer of patients to secure mental health unit
A decision to admit an involuntary patient to a secure mental health unit made before the commencement day that has not, on that day, resulted in the person's admission to an SMHU, has effect as if it were an authorisation given under section 63 of the new Act.
48. Actions, &c., under intergovernmental agreements
Anything done or omitted to be done under a provision of Part 12 of the old Act and having effect immediately before the commencement day is taken to have been done or omitted to be done under the corresponding provision of Chapter 4 of the new Act and, subject to that Chapter, has effect accordingly.
A direction given by a defunct Tribunal before the commencement day but not carried out by that day is taken to be a direction given by the new Tribunal.
An annual report required to be given by the Tribunal under section 178 of the new Act is to include any relevant information from a defunct Tribunal for the 6-month period immediately before the commencement day.
51. Transitional clinical guidelines and standing orders
(1) Clinical guidelines or standing orders issued by a Chief Psychiatrist under section 151 or 152 , respectively, of the new Act may include matters of a transitional nature.(2) Clinical guidelines or standing orders issued under subsection (1) are valid only for, or in respect of, the transitional period.
52. Saving and transitional regulations
(1) The Governor may make regulations of a savings or transitional nature necessary or expedient for –(a) bringing the new Act and new mental health scheme into operation; or(b) retiring the old mental health scheme and disposing of questions or issues arising under the old Act or from its repeal.(2) The regulations may –(a) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and(b) authorise any matter to be from time to time determined, applied, approved or regulated by the Minister, a Chief Psychiatrist or the Tribunal; and(c) provide for any savings or transitional matter to take effect on the commencement day or a later day specified in the regulations, whether the day so specified is before, on or after the day on which the regulations are made; and(d) if no provision or insufficient provision is made in this Act in respect of a matter or transitional necessity, provide that for the transitional period (or any specified portion thereof) a specific provision of the new Act does not apply, or applies with or without specified modifications, to that matter.
PART 3 - Miscellaneous
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Health; and(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Health and Human Services.
See Schedule 1 .
See Schedule 2 .
SCHEDULE 1 - Consequential AmendmentsThe amendments effected by Section 54 and this Schedule have been incorporated into the authorised version of the appropriate Acts and Statutory Rules.
SCHEDULE 2 - Further Consequential AmendmentsThe amendments effected by Section 55 and this Schedule have been incorporated into authorised versions of the following Acts:
(a) Mental Health Act 2013 ;(b) Mental Health Amendment Act 2005 .