Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 378

Involuntary treatment order not confirmed—section 12 of the 1986 Act

    (1)     On and after 1 July 2014, a person is taken to be subject to an Inpatient Assessment Order under the 2014 Act if, on 30 June 2014—

        (a)     an involuntary treatment order is made under section 12 of the 1986 Act for the person; and

        (b)     the person is not examined in accordance with section 12AC(1) of the 1986 Act.

    (2)     An Inpatient Assessment Order referred to in subsection (1) is taken to come into force on 1 July 2014 and to remain in force, unless the Order is extended in accordance with section 34 of the 2014 Act or expires or is revoked in accordance with section 37 of the 2014 Act, for a period of, whichever is the shorter—

        (a)     24 hours, if the person who is subject to the Order is received at an approved mental health service before 1 July 2014 in accordance with the involuntary treatment order made under section 12 of the 1986 Act; or

        (b)     72 hours, if the person who is subject to the Order is not received at an approved mental health service before 1 July 2014.



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