Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 394

Involuntary treatment order reviewed and confirmed by Board—section 36 of the 1986 Act

    (1)     On and after 1 July 2014, a person is taken to be subject to an Inpatient Treatment Order under the 2014 Act if, immediately before that day—

        (a)     the person is subject to an involuntary treatment order that had been confirmed under section 12AC(2)(b) of the 1986 Act; and

        (b)     an authorised psychiatrist has not made a community treatment order under section 14 of the 1986 Act for the person; and

        (c)     the Mental Health Review Board has conducted a review of the person's involuntary treatment order under section 30 of the 1986 Act and has confirmed the order under section 36(3) of the 1986 Act.

    (2)     In relation to a person who is of or over the age of 18 years, an Inpatient Treatment 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 revoked or expires in accordance with section 55, 61 or 62 of the 2014 Act for a period that ends—

        (a)     if the Mental Health Review Board reviewed the involuntary treatment order before 1 January 2014, 12 months and 2 weeks after the date on which the Board conducted the review; or

        (b)     if the Mental Health Review Board reviewed the involuntary treatment order during the period starting on 1 January 2014 and ending on 30 June 2014, 6 months and 2 weeks after the date on which the Board conducted the review.

    (3)     In relation to a person who is under the age of 18 years, an Inpatient Treatment 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 revoked or expires in accordance with section 55, 61 or 62, for 28 days.



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