Victorian Numbered Acts Victorian Numbered ActsSCHEDULE
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CONSEQUENTIAL AND OTHER AMENDMENTS
Division 1—Consequential amendments
1 Accident Compensation Act 1985
1.1 In section 5(1), in the definition of "hospital", for paragraph (b) substitute —
"(b) a designated mental health service within the meaning of the Mental Health Act 2014 ; or".
2 Children, Youth and Families Act 2005
2.1 In section 3(1), in the definition of "information holder", for paragraph (g) substitute —
"(g) a person in charge of a mental health service provider within the meaning of section 3(1) of the Mental Health Act 2014 ;".
2.2 In section 3(1), in the definition of "service agency", for paragraph (c) substitute —
"(c) a mental health service provider within the meaning of section 3(1) of the Mental Health Act 2014 ;".
2.3 For sections 37(c)(ii), 40(c)(ii), 189(c)(ii), 193(c)(ii), 208(c)(ii) and 212(c)(ii) substitute —
"(ii) section 346 of the Mental Health Act 2014 .".
3 Commission for Children and Young People Act 2012
3.1 In section 53(1)(f), for " 2000 ." substitute " 2000 ;".
3.2 After section 53(1)(f) insert —
"(g) the Mental Health Complaints Commissioner within the meaning of the Mental Health Act 2014 .".
4 Co-operative Housing Societies Act 1958
4.1 In section 48(11)(b), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
5 Coroners Act 2008
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5.1 In section 3(1), in the definition of person placed in custody or care , for paragraph (i) substitute —
"(i) a patient detained in a designated mental health service within the meaning of the Mental Health Act 2014 ; or".
5.2 In section 4(2)(d), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
5.3 In section 12(2), for "an approved mental health service within the meaning of the Mental Health Act 1986 " substitute "a designated mental health service within the meaning of the Mental Health Act 2014 ".
6.1 In section 3(1)—
(a) insert the following definition—
"" Court Secure Treatment Order" means an Order within the meaning of section 94A of the Sentencing Act 1991 ;";
(b) the definition of hospital security order is repealed .
6.2 For section 9AA(1)(b)(iii) substitute —
"(iii) patients within the meaning of the Mental Health Act 2014 from a designated mental health service under that Act to a court or a police gaol or a designated mental health service; or".
6.3 In the heading to section 56AB, for " approved " substitute " designated ".
6.4 For section 56AB(1)(a) substitute —
"(a) a designated mental health service within the meaning of the Mental Health Act 2014 in accordance with that Act;".
6.5 In section 56AB(2)—
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(a) for " Mental Health Act 1986 " (where twice occurring) substitute " Mental Health Act 2014 ";
(b) for "approved" substitute "designated".
6.6 In the note at the foot of section 56AB(3), for " sections 16, 17, 36, 37, 44 and 45 of the Mental Health Act 1986 " substitute " sections 270 , 291, 292, 306, 307 and Division 3 of Part 15 of the Mental Health Act 2014 ".
6.7 For section 74(8A) substitute —
"(8A) The Board may make a parole order for a person who is detained in a designated mental health service under a Court Secure Treatment Order or Secure Treatment Order, but the parole order does not take effect until the person is discharged as a security patient under the Mental Health Act 2014 .".
6.8 In section 74(9), for "hospital security order" substitute "Court Secure Treatment Order or Secure Treatment Order".
7.1 In section 50(1), in the definition of "residential facility", for paragraph (a) substitute —
"(a) a designated mental health service within the meaning of the Mental Health Act 2014 ; or".
7.2 In section 464(2)—
(a) the definition of approved mental health service is repealed ;
(b) insert the following definition—
"" designated mental health service" has the same meaning as in the Mental Health Act 2014 ;";
(c) in the definition of "detained
or protected person", for paragraph (d) substitute —
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"(d) a patient within the meaning of the Mental Health Act 2014 ;";
- (d) in the definition of "security patient", for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
7.3 In section 464B(1)(a), for subparagraphs (iii) and (iv) substitute —
"(iii) a forensic patient or a security patient within the meaning of the Mental Health Act 2014 ; and".
7.4 In section 464ZF(3)(b), for "an approved" substitute "a designated".
7.5 In section 464ZFA(1)(a), for "approved" substitute "designated".
8.1 In section 3, in the definition of "in detention", for paragraph (c) substitute —
"(c) detained in a designated mental health service within the meaning of the Mental Health Act 2014 in the legal custody of the authorised psychiatrist for the designated mental health service; or".
8.2 In section 3, in the definition of "responsible person", for paragraph (c) substitute —
"(c) in the case of a designated mental health service within the meaning of the Mental Health Act 2014 , the authorised psychiatrist for the designated mental health service;".
9 Duties Act 2000
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9.1 In section 45A(1)(g), for "section 117B of the Mental Health Act 1986 " substitute " section 328 of the Mental Health Act 2014 ".
10.1 In section 84(1)(c), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
10.2 In section 183(1), for "section 120A of the Mental Health Act 1986 " substitute " section 346 of the Mental Health Act 2014 ".
11 Gambling Regulation Act 2003
11.1 In section 10.3.6—
(a) for paragraph (a) substitute —
"(a) the establishment and maintenance of designated mental health services within the meaning of the Mental Health Act 2014 ;";
(b) in paragraph (c), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
12 Guardianship and Administration Act 1986
12.1 In section 18A(1)(d), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
12.2 For section 18A(5)(d) substitute —
"(d) a prescribed premises within the meaning of Part 9 of the Mental Health Act 2014 ;".
13 Health Services Act 1988
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13.1 In section 17AB, for "section 117B of the Mental Health Act 1986 " substitute " section 328 of the Mental Health Act 2014 ".
13.2 In section 139(1), for "psychiatric services" substitute "mental health service providers".
13.3 In section 139(2)(a)—
(a) for "psychiatric service"
substitute
"mental health service provider";
(b) for "psychiatric services"
substitute
"mental health service providers".
13.4 In section 139(2)(b), for "psychiatric services" substitute "mental health service providers".
13.5 In section 139(2A)—
(a) insert the following definition—
"" mental health service provider" has the same meaning as in section 3(1) of the Mental Health Act 2014 ;";
(b) the definition of psychiatric service is repealed.
14 Human Services (Complex Needs) Act 2009
14.1 In section 3, the definition of Mental Health Review Board is repealed .
14.2 In section 3—
(a) in the definition of "Secretary", for "Department." substitute "Department;";
(b) insert the following definition—
"" Tribunal "has the same meaning as in the Mental Health Act 2014 ;".
14.3 For section 7(b)(i) substitute —
"(i) has mental illness within the meaning of the Mental Health Act 2014 ;".
14.4 For section 14(2)(c) substitute —
"(c) the Tribunal;".
15 Information Privacy Act 2000
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15.1 After section 34C insert —
If the complaint could be made the subject of a complaint under the Mental Health Act 2014 , the Privacy Commissioner may refer the complaint to the Mental Health Complaints Commissioner within the meaning of that Act and notify the complainant and the respondent in writing of the referral.".
16 International Transfer of Prisoners (Victoria) Act 1998
16.1 In section 4(3), in the definition of "authorised person", in paragraph (b), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
17.1 In Schedule 2, in clause 3(b), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
18.1 In section 110(3) and (4), for " Mental Health Act 1986 " (wherever occurring) substitute " Mental Health Act 2014 ".
19.1 In section 74A(1)(g), for "section 117B of the Mental Health Act 1986 " substitute " section 328 of the Mental Health Act 2014 ".
20 Magistrates' Court Act 1989
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20.1 In section 3(1), in the definition of "mental illness", for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
20.2 For section 16I(b)(iv) substitute —
"(iv) to make a Court Secure Treatment Order within the meaning of the Sentencing Act 1991 ; or".
21.1 In section 28(1) and (1A), for "mental health service within the meaning of the Mental Health Act 1986 " substitute "designated mental health service within the meaning of the Mental Health Act 2014 ".
21.2 In Schedule 3, after item 10 insert —
"10A The Mental Health Complaints Commissioner".
22.1 In clause 17(1)(h) of Schedule 2, for "section 117B of the Mental Health Act 1986 " substitute " section 328 of the Mental Health Act 2014 ".
23.1 In section 30(1) and (2), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
23.2 In section 171(9), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
24 Public Administration Act 2004
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24.1 After section 6(1)(g) insert —
"(ga) the Mental Health Complaints Commissioner;
(gb) the Mental Health Tribunal;".
24.2 In clause 1 of Schedule 1, in the definition of public service , paragraph (a) is repealed .
25 Residential Tenancies Act 1997
25.1 In section 3(1), in the definition of "health or residential service", for paragraph (b) substitute —
"(b) premises used for a designated mental health service within the meaning of the Mental Health Act 2014 ; or".
26 Serious Sex Offenders (Detention and Supervision) Act 2009
26.1 In section 3, the definition of approved mental health service is repealed .
26.2 Insert the following definition in section 3—
"" designated mental health service" has the same meaning as it has in the Mental Health Act 2014 ;".
26.3 In section 5(1), for "approved" substitute
"a
designated".
26.4 In section 5(2), for "approved" substitute "designated".
26.5 In section 75(1), for "an approved"
substitute
"a designated".
26.6 In section 189(4), in the definition of "relevant Act", in paragraph (c) for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
26.7 For section 192(2)(e) substitute —
"(e) by a designated mental health service within the meaning of the Mental Health Act 2014 .".
27 Sex Offenders Registration Act
2004
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27.1 In section 3—
(a) in paragraph (a) of the definition of government custody —
(i) for subparagraph (v) substitute —
"(v) a security patient subject to a Court Secure Treatment Order within the meaning of the Sentencing Act 1991 ; or";
(ii) for subparagraph (vi) substitute —
"(vi) a security patient subject to a Secure Treatment Order within the meaning of the Mental Health Act 2014 ; or";
(iii) subparagraph (vii) is repealed ;
(iv) for subparagraph (ix) substitute —
"(ix) a security patient taken to another designated mental health service under section 291 or 292 of the Mental Health Act 2014 ; or";
(b) for the definition of involuntary patient substitute —
""involuntary patient" has the same meaning as patient has in section 3(1) of the Mental Health Act 2014 ;";
(c) in the definition of "security patient", for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ";
(d) in the definition of "supervised sentence", paragraph (cb) is repealed .
28 Summary Offences Act 1966
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28.1 In Schedule 1, for item 4 substitute —
"4. Premises that are a designated mental health service within the meaning of the Mental Health Act 2014 .".
29 Supported Residential Services (Private Proprietors) Act 2010
29.1 For section 5(1)(c) substitute —
"(c) premises used for a designated mental health service within the meaning of the Mental Health Act 2014 ;".
30.1 In section 5A(2)(h), for "an approved mental health service (within the meaning of the Mental Health Act 1986 )" substitute "a designated mental health service (within the meaning of the Mental Health Act 2014 )".
31 Transport Accident Act 1986
31.1 In section 3(1), in the definition of "hospital", for paragraph (b) substitute —
"(b) a designated mental health service within the meaning of the Mental Health Act 2014 ; or".
32.1 In sections 41(9), 48(1), 51(2)(e) and 54, for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
33 Victims of Crime Assistance Act
1996
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33.1 In section 29(3)(b), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
33.2 In section 53(b), for " Mental Health Act 1986 " substitute " Mental Health Act 2014 ".
34 Workplace Injury Rehabilitation and Compensation Act 2013
34.1 In section 3, in the definition of "hospital", for paragraph (c) substitute —
"(c) a designated mental health service within the meaning of the Mental Health Act 2014 ; or".
Division 2—Statute law revision
35.1 In section 3(1), in the definition of "region", for " Health Services Act 1988 " substitute " Supported Residential Services (Private Proprietors) Act 2010 ".
36.1 In section 3(1) of the Health Services Act 1988 , the definition of region is repealed .
37
Supported Residential Services (Private Proprietors) Act 2010
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37.1 Insert the following definition in section 3(1) —
""region" means a prescribed region of Victoria;".
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