Northern Territory Numbered Acts

MENTAL HEALTH AND RELATED SERVICES AMENDMENT ACT 2020 (NO 6 OF 2020) - SECT 21

After section 179

insert

Part 22     Transitional matters for Mental Health and Related Services Amendment Act 2020

180     Definitions

In this Part:

"commencement" means the commencement of section  10 of the Mental Health and Related Services Amendment Act 2020 .

"former Act" means this Act as in force immediately before the commencement.

"former Tribunal" means the Mental Health Tribunal as it was established immediately before the commencement.

181     Members of former Tribunal

    (1)     This section applies to a person who was, immediately before the commencement, a member of the former Tribunal.

    (2)     A person appointed with reference to section 118(3)(a) of the former Act is taken to have been appointed as a member of NTCAT under section 16(2)(a) of the NTCAT Act until the day the person's appointment would have expired under the former Act.

    (3)     A person appointed with reference to section 118(3)(b) or (c) of the former Act is taken to have been appointed as a member of NTCAT under section 16(2)(b) of the NTCAT Act until the day the person's appointment would have expired under the former Act.

    (4)     A person mentioned in subsection (2) or (3) is entitled to the greater of the following after the commencement:

    (a)     the entitlement under the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 to which the person was entitled immediately before the commencement;

    (b)     an entitlement under the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006 for an ordinary member of NTCAT.

182     Applications to former Tribunal

An application to the former Tribunal that has not yet been heard becomes an application to NTCAT on the commencement.

183     Ongoing proceedings of former Tribunal

    (1)     Proceedings currently before the former Tribunal become proceedings before NTCAT on the commencement.

    (2)     Those proceedings continue uninterrupted and, subject to subsections (3) and (4), are not affected by the enactment of the Mental Health and Related Services Amendment Act 2020 .

    (3)     If, as a result of the enactment of the Mental Health and Related Services Amendment Act 2020 , the procedure applicable to the proceedings after the commencement (the new procedure ) is different from that which would have applied before the commencement (the old procedure ), the proceedings are to be conducted in accordance with the new procedure.

    (4)     However, if NTCAT is satisfied that conducting the proceedings in accordance with the new procedure would be unfair on a party to the proceedings, NTCAT may conduct the proceedings in accordance with the old procedure to the extent NTCAT thinks fit.

184     Decisions, warrants and orders of former Tribunal

A decision, warrant or order of the former Tribunal before the commencement and having ongoing effect, becomes a decision, warrant or order of NTCAT on the commencement.

185     Practice directions

Any practice directions issued under section 129(2A) of the former Act, become practice directions for NTCAT under section 139 of the NTCAT Act on the commencement.