New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision--(a) may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date, and(b) has effect despite anything to the contrary in this Schedule.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) Without limiting subclauses (1) and (2), regulations made for the purposes of this clause may amend this Schedule to provide for additional or different savings and transitional provisions instead of including provisions in the regulations.
In this
Part--
"former Act" means the Mental Health (Forensic Provisions) Act 1990 .
(1) An act, matter or thing done or omitted to be done under a provision of the former Act and having force or effect immediately before the commencement of a provision of this Act that replaces that provision is, on that commencement, taken to have been done or omitted to be done under the provision of this Act.
(2) This clause does not apply--(a) to the extent to which its application is inconsistent with another provision of this Schedule or a provision of a regulation made under this Schedule, or(b) to the extent that its application would be inappropriate in a particular case.
The information contained in the register of victims of forensic patients kept under the former Act immediately before the commencement of this Act is taken to form part of the Victims Register for the purposes of this Act.
(1) This clause applies to a defendant in proceedings for offences commenced before the commencement of Part 3 of this Act where a question has been raised before that commencement as to whether the defendant was, at the time of commission of the offence, mentally ill as referred to in section 38 of the former Act.
(2) The former Act continues to apply to the defendant until a determination is made as to whether a special verdict should be entered or the defence is no longer being raised.
(3) In circumstances where the court would have found the special verdict of not guilty by reason of mental illness the court must instead find the special verdict of act proven but not criminally responsible.
A special verdict that a person was not guilty of an offence by reason of mental illness is taken, for all purposes, to be a special verdict against the person of act proven but not criminally responsible for the offence.
(1) This Act extends to proceedings for offences commenced and not completed before the commencement of Part 4 of this Act if the question of the defendant's unfitness to be tried was raised before that commencement.
(2) Without limiting subclause (1), an inquiry or a special hearing commenced under the former Act and not completed before that commencement is to be continued in accordance with this Act.
(1) Part 2 of the former Act is to continue to apply to existing proceedings as if the former Act had not been repealed.
(2) In this clause--
"existing proceedings" means criminal proceedings--(a) in which the court has, before the commencement of this Act, nominated a limiting term in respect of a person, and(b) in which the court has not made an order under section 27 of the former Act in relation to the person.
(1) Part 3 of the former Act is to continue to apply to existing proceedings as if the former Act had not been repealed.
(2) In this clause--
"existing proceedings" means criminal proceedings for which a court attendance notice was issued before the commencement of this Act, even if another court attendance notice is issued in relation to the proceedings after that commencement.
A person who, immediately before the commencement of Part 5 of this Act, was a forensic patient or a correctional patient under the former Act is taken to be a forensic patient or a correctional patient within the meaning of this Act and this Act applies accordingly.