Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 385

Hospital transfer order and restricted hospital transfer order—section 16

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

        (a)     a hospital transfer order under section 16(3)(a) of the 1986 Act; or

        (b)     a restricted hospital transfer order under section 16(3)(b) of the 1986 Act.

    (2)     If the hospital transfer order or restricted hospital transfer order referred to in subsection (1) is not reviewed before 1 July 2014 by the Mental Health Review Board under section 30 of the 1986 Act, the Mental Health Tribunal must conduct a hearing under section 279 of the 2014 Act in relation to the Secure Treatment Order referred to in subsection (1) within 28 days after—

        (a)     1 July 2014, if the person subject to the hospital transfer order or restricted hospital transfer order is detained in an approved mental health service immediately before 1 July 2014; or

        (b)     the person is received at a designated mental health service, if the person subject to the hospital transfer order or restricted hospital transfer order is not detained in an approved mental health service immediately before 1 July 2014.

    (3)     If the hospital transfer order or restricted hospital transfer order referred to in subsection (1) is reviewed before 1 July 2014 by the Mental Health Review Board under section 30 of the 1986 Act, the Mental Health Tribunal must conduct a hearing under section 279 of the 2014 Act in relation to the Secure Treatment Order referred to in subsection (1) before 1 January 2015.



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