South Australian Current Acts South Australian Current ActsSchedule 2—Transitional provisions
(1) An order in force
under section 12(1) of the Mental Health Act 1993 immediately before the
repeal of that Act continues in force as a level 1 detention and treatment
order under this Act, subject to the provisions of this Act.
(2) An order in force
under section 12(5) of the Mental Health Act 1993 immediately before the
repeal of that Act continues in force as a level 2 detention and treatment
order under this Act, subject to the provisions of this Act.
(3) An order in force
under section 12(6) of the Mental Health Act 1993 immediately before the
repeal of that Act continues in force as a level 2 detention and treatment
order under this Act, subject to the provisions of this Act.
(4) Despite
subclause (3), an order continued in force under that subclause will,
unless it earlier expires or is revoked, expire at 2 pm on the day 21 days
after the day on which it was made.
(5) An order in force
under section 13 of the Mental Health Act 1993 immediately before the
repeal of that Act continues in force as a level 3 detention and treatment
order under this Act, subject to the provisions of this Act.
(6) Despite
subclause (5), an order continued in force under that subclause will,
unless it is earlier revoked, expire at 2 pm on the last day of the period
specified in the order as the period for which the person is to be detained
under the order.
(7) An order in force
under section 20 of the Mental Health Act 1993 immediately before the
repeal of that Act continues in force as a level 2 community treatment order
under this Act, subject to the provisions of this Act.
(8) Despite
subclause (7), an order continued in force under that subclause will,
unless it is earlier revoked, expire at 2 pm on the last day of the period
specified in the order as the period for which the person is to given
treatment under the order.
(9) An authorisation
or consent given by the Board, a medical practitioner or any other person
under a provision of the Mental Health Act 1993 continues to have effect
for the purpose of the corresponding provision of this Act.
(10) A proceeding of
the Board commenced under a provision of the Mental Health Act 1993 , but
not completed immediately before the repeal of that Act, may be continued and
completed for the purpose of the corresponding provision of this Act.
(11) An appeal
commenced under the Guardianship and Administration Act 1993 in relation
to a decision or order of the Board under a provision of the
Mental Health Act 1993 , but not completed immediately before the repeal
of the Mental Health Act 1993 , may be continued and completed as if it
related to a decision or order of the Board under the corresponding provision
of this Act.