Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 646

646 .         First periodic review after commencement day (1996 Act s. 139)

        (1)         This section applies in relation to a continued involuntary treatment order that had been reviewed under the 1996 Act section 138 or 139 before commencement day.

        (2)         In this section —

        last review day , for the continued involuntary treatment order, means the day on which the last review of the order was completed under the 1996 Act section 138 or 139.

        (3)         If, on the last review day, the involuntary patient under the continued involuntary treatment order was an adult, the first periodic review period under section 387 is taken to be —

            (a)         if the last review day was not more than one month before commencement day — the period of 3 months from commencement day; or

            (b)         if the last review day was more than one month but not more than 3 months before commencement day — the period of 2 months from commencement day; or

            (c)         if the last review day was more than 3 months before commencement day — the period of one month from commencement day.

        (4)         If, on the last review day, the involuntary patient under the continued involuntary treatment order was a child, the first periodic review period under section 387 is taken to be —

            (a)         if the last review day was not more than one month before commencement day — the period of 28 days from commencement day; or

            (b)         if the last review day was more than one month but not more than 3 months before commencement day — the period of 21 days from commencement day; or

            (c)         if the last review day was more than 3 months before commencement day — the period of 14 days from commencement day.

        [Section 646 inserted: No. 25 of 2014 s. 9.]