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MENTAL HEALTH ACT 2014 - SECT 645

645 .         Initial review after commencement day (1996 Act s. 138)

        (1)         In this section —

        initial order means —

            (a)         a continued inpatient treatment order to which section 606(1), 611(1) or 625(1) applies; or

            (b)         a continued community treatment order to which section 606(3), 611(3), 616(3), 617(1), 621(3), 622(3) or 623(1) applies.

        (2)         This section applies to an initial order that, immediately before commencement day, had not been reviewed under the 1996 Act section 138.

        (3)         If, on the day on which the initial order was made, the involuntary patient under the order was an adult, the initial review period under section 386 is taken to be —

            (a)         if, immediately before commencement day, the initial order had been in force under the 1996 Act for not more than 7 days — the period of 35 days from commencement day; or

            (b)         if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 7 days but not more than 21 days — the period of 28 days from commencement day; or

            (c)         if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 21 days — the period of 14 days from commencement day.

        (4)         If, on the day on which the initial order was made, the involuntary patient under the order was a child, the initial review period under section 386 is taken to be —

            (a)         if, immediately before commencement day, the initial order had been in force under the 1996 Act for not more than 7 days — the period of 21 days from commencement day; or

            (b)         if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 7 days but not more than 21 days — the period of 14 days from commencement day; or

            (c)         if, immediately before commencement day, the initial order had been in force under the 1996 Act for more than 21 days — the period of 5 days from commencement day.

        [Section 645 inserted: No. 25 of 2014 s. 9.]



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