New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
In this Schedule:
"appointed day", in relation to a provision of this Schedule (except Part 3),
means the day on which the provision commences.
"the Estates Act" means the Protected Estates Act 1983 .
"the 1898 Act" means the Lunacy Act of 1898 .
"the 1958 Act" means the Mental Health Act 1958 .
"the 1983 Act" means the Mental Health Act 1983 .
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act, the Mental Health (Criminal Procedure) Act 1990 and the Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990 .
(1A) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following:Mental Health (Amendment) Act 1994Mental Health Legislation Amendment Act 1997Crimes Legislation Amendment Act 2002 (but only to the extent that it amends this Act)Health Legislation Amendment Act 2004 (but only to the extent that it amends this Act)Mental Health (Criminal Procedure) Amendment Act 2005
(2) Without limiting subclause (1), the regulations may continue in force an Act or a provision of an Act repealed by Schedule 1 to the Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990 until such date as may be specified in the regulations, in the same manner as if that Act or provision had not been repealed.
(3) In the event of an inconsistency between an Act or provision continued in force by subclause (2) and a provision of this Act, the Mental Health (Criminal Procedure) Act 1990 , the Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990 or the Protected Estates Act 1983 , this Act, the Mental Health (Criminal Procedure) Act 1990 , the Miscellaneous Acts (Mental Health) Repeal and Amendment Act 1990 or the Protected Estates Act 1983 , as the case may be, prevails to the extent of the inconsistency.
(4) Any provision of a regulation made under this section may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(5) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) Any act, matter or thing done or omitted to be done under a provision of the 1958 Act or the 1983 Act or Part 11A or 11B of the Crimes Act 1900 and having any force or effect immediately before the commencement of a provision of this Act or the Mental Health (Criminal Procedure) Act 1990 that replaces that provision is, on that commencement, to be considered to have been done or omitted under the provision of this Act or the Mental Health (Criminal Procedure) Act 1990 .
(2) Subclause (1) does not apply:(a) to the extent that its application would be inconsistent with another provision of this Schedule or with a provision of a regulation in force under clause 2, or(b) to the extent that its application would be inappropriate in a particular case.
(1) A place which was, immediately before the appointed day:(a) an admission centre, or(b) a mental hospital,under the 1958 Act is to be taken to be a hospital for the purposes of this Act.
(2) A place which was, immediately before the appointed day, an authorised hospital under the 1958 Act is to be taken to be an authorised hospital for the purposes of this Act.
(3) A licence in force, immediately before the appointed day, under section 11 (1) of the 1958 Act is to be taken to be a licence issued under section 212 of this Act.
(1) A person whose appointment under section 8 of the 1958 Act as the medical superintendent of an admission centre or a mental hospital was in force immediately before the appointed day is to be taken to have been appointed as the medical superintendent of the hospital which, pursuant to clause 4, the admission centre or mental hospital is taken to be, and to have been so appointed under section 209 of this Act.
(2) A person whose appointment under section 8 of the 1958 Act as the deputy medical superintendent of an admission centre or a mental hospital was in force immediately before the appointed day is to be taken to have been appointed as the deputy medical superintendent of the hospital which, pursuant to clause 4, the admission centre or mental hospital is taken to be, and to have been so appointed under section 210 of this Act.
A person whose appointment under section 7 of the 1958 Act or section 28 of the 1983 Act as an authorised officer was in force immediately before the appointed day is to be taken to have been appointed as an authorised officer under section 235 of this Act.
A person whose appointment under section 34 of the 1958 Act or section 33 of the 1983 Act as a welfare officer was in force immediately before the appointed day is to be taken to have been appointed as a welfare officer under section 242 of this Act.
(1) A person who, immediately before the appointed day, was a voluntary patient of an admission centre, mental hospital or authorised hospital is to be taken to be, on and from that day, subject to this Act, an informal patient of the hospital which pursuant to clause 4, the admission centre, mental hospital or authorised hospital is taken to be.
(2) A person who, immediately before the appointed day, was admitted to and detained, under section 12 of the 1958 Act, in an admission centre and in respect of whom an inquiry under section 12 (9) of the 1958 Act, had not, before that day, been held is to be taken to be a person who, under Part 2 of Chapter 4 of this Act, has been taken to and detained in the hospital which, pursuant to clause 4, the admission centre is taken to be.
(3) A person who, immediately before the appointed day, was a temporary patient of a mental hospital or authorised hospital is to be taken to be, on and from that day, subject to this Act, a temporary patient of the hospital which, pursuant to clause 4, the mental hospital or authorised hospital is taken to be.
(4) A person who, immediately before the appointed day, was a continued treatment patient of a mental hospital or authorised hospital is to be taken to be, on and from that day, subject to this Act, a continued treatment patient of the hospital which, pursuant to clause 4, the mental hospital or authorised hospital is taken to be.
(5) A person who, immediately before the appointed day, was or was taken to be a forensic patient under the 1983 Act is to be taken to be, on and from that day, subject to this Act, a forensic patient under this Act.
(1) A period of absence allowed to a patient (other than a voluntary patient) under section 19 of the 1958 Act which, immediately before the appointed day, had not expired is to be taken to be a period of absence allowed to the patient under section 71 of this Act.
(2) A patient (other than a voluntary patient) who, before the appointed day, has failed:(a) to return to a hospital at the expiration of a period of absence allowed to the patient under section 19 of the 1958 Act, or(b) to comply with any condition on which the patient was so allowed to be absent,may be apprehended and dealt with under this Act.
(3) A period of special leave of absence granted to a forensic patient under section 129 of the 1983 Act which, immediately before the appointed day, had not expired is to be taken to be a period of special leave of absence granted to the patient under section 92 of this Act.
(4) A patient who, before the appointed day, has broken any term or condition on which special leave of absence was granted to the patient under section 129 of the 1983 Act may be apprehended and dealt with as provided by section 93 of this Act.
(1) A patient (other than a person detained in a mental hospital pursuant to Part 11A or 11B of the Crimes Act 1900 ) who, immediately before the appointed day, is unlawfully absent from any admission centre, mental hospital or authorised hospital may be apprehended and dealt with as provided by section 76 of this Act.
(2) A person detained in a hospital pursuant to Part 11A or 11B of the Crimes Act 1900 who, before the appointed day, has escaped from the hospital may be retaken and dealt with as provided by section 111 of this Act.
(3) Any recommendation made, before the appointed day, by the Tribunal that a forensic patient under the 1983 Act be allowed to be absent from a hospital, and any order made by the Minister or a prescribed authority (within the meaning of that Act) as a result of such a recommendation, is to be taken to have been validly made under this Act.
(4) A forensic patient who breaches any term or condition subject to which leave of absence was granted before the appointed day, or who is absent from a hospital after the term of any such leave expires, may be apprehended and dealt with under this Act.
Any proceedings pending, immediately before the appointed day, under the 1958 Act or the 1983 Act before any court, tribunal or person:
(a) are to be taken to be proceedings pending before the court, tribunal or person before which or whom those proceedings could be brought under this Act if those proceedings had been commenced on or after that day, and
(b) are to be continued before and disposed of by the court, tribunal or person referred to in paragraph (a) accordingly.
(1) A Patients Trust Fund kept, immediately before the appointed day, under section 101A of the 1958 Act is to be taken to be a Patients Trust Fund established and maintained under section 244 of this Act.
(2) A Patients Amenities Account kept, immediately before the appointed day, under section 101B of the 1958 Act is to be taken to be a Patients Amenities Account established and maintained under section 244 of this Act.
(1) The appointment of a person under the 1983 Act as a member of the Mental Health Review Tribunal is, if the appointment was in force immediately before the appointed day, to be considered to be an appointment under this Act.
(2) Any decision, determination, recommendation or finding made or other thing done by the Mental Health Review Tribunal under the 1983 Act and having any force or effect immediately before the appointed day is to be considered to have been made or done by the Tribunal under this Act.
(1) The appointment of a person under the 1983 Act as a member of the Psychosurgery Review Board is, if the appointment was in force immediately before the appointed day, to be considered to be an appointment under this Act.
(2) Any decision, determination or finding made or other thing done by the Psychosurgery Review Board under the 1983 Act and having any force or effect immediately before the appointed day is to be considered to have been made or done by the Board under this Act.
(1) An application, made to the Psychosurgery Review Board under Division 1 of Part 10 of the 1983 Act for its consent to the performance of psychosurgery and not determined immediately before the appointed day, is to be dealt with under Division 1 of Part 1 of Chapter 7 of this Act as if the application were made under this Act.
(2) A consent to an application given under Division 1 of Part 10 of the 1983 Act that has not lapsed immediately before the appointed day:(a) has effect as if the consent was granted under Division 1 of Part 1 of Chapter 7 of this Act, and(b) if the psychosurgery the subject of the consent is not performed within the time specified in the consent, lapses on the day on which it would have lapsed under the 1983 Act.
An order made by the Chief Health Officer for the transfer of a person from a prison to a hospital under Part 7 of the 1983 Act, and in force immediately before the appointed day, is to be taken to have been made under this Act and has effect according to its tenor.
An order made by a prescribed authority under a provision of Part 7 of the 1983 Act and in force immediately before the appointed day:
(a) is to be taken to have been made under the corresponding provision of this Act, and
(b) has effect according to its tenor.
A person ordered to be brought before the Court for examination under section 139 of the 1983 Act, who is not examined before the appointed day, is to be examined and dealt with under the corresponding provision of this Act.
The appointment of a person under Part 8 of the 1983 Act as an assessor is, if the appointment was in force before the appointed day, to be considered to be an appointment under this Act.
(1) Expressions used in this Part have the same meanings as in the Estates Act.
(2) In this Part, "appointed day" means 5 August 1985 (the day appointed and notified under section 2 (2) of the Estates Act).
If, immediately before the appointed day, a person was a protected person, or an incapable person, within the meaning of the 1958 Act, an order is to be taken to have been made under the Estates Act, on that day, by the Court that the estate of the person be subject to management under the Estates Act.
A declaration made by the Court in respect of a person under section 38 of the 1958 Act and in force, immediately before the appointed day continues in force and may be revoked as if the declaration were made under section 13 of the Estates Act.
A person who, not being the Protective Commissioner, was, immediately before the appointed day, a committee of the estate of another person, or a manager in respect of the property of another person, under the 1958 Act, is to be taken to have been appointed under section 22 of the Estates Act, on the appointed day, as manager of the estate of the other person.
If, immediately before the appointed day, the Protective Commissioner was a committee of the estate of a person, or a manager in respect of the property of a person, under the 1958 Act, the management of the estate of the person is to be taken to have been, on the appointed day, committed to the Protective Commissioner under section 22 of the Estates Act.
(1) If, immediately before the appointed day, a person was a patient (other than a voluntary patient) within the meaning of the 1958 Act, an order is to be taken to have been made under the Estates Act, on that day, by the Tribunal that the estate of the person was subject to management under the Estates Act and the estate of the person is to be taken to have been committed under the Estates Act, on that day, to the management of the Protective Commissioner.
(2) If:(a) before the appointed day, a person had been, but had ceased to be, a patient within the meaning of the 1958 Act, and(b) immediately before the appointed day, the estate of the person was being managed pursuant to section 73 (3) of the 1958 Act,the person is, for the purposes of the Estates Act, to be taken to be a person:(c) in respect of whom an order had been made by the Tribunal under the Estates Act that the estate of the person be subject to management under the Estates Act, being an order which was in force on that day, and(d) who had been, but ceased on that day to be, a patient within the meaning of this Act.
An order or direction made or given under Part 11 or 13 of the 1958 Act in respect of a person to whom Part 10 or 11 of the 1958 Act applied or in respect of the estate or property of any such person, being an order or direction in force immediately before the commencement of this clause, is subject to any order or direction made under the Estates Act.
An application made under the 1958 Act and not finally determined before the commencement of this clause:
(a) may be amended by the applicant or, with the consent of the applicant, by the Court in such manner as may be necessary for the determination of the application under the Estates Act, and
(b) is, unless withdrawn, to be determined as if it had been made under the Estates Act.
(1) A proclamation made by the Governor, and published in the Gazette, under section 48 of the 1958 Act and in force immediately before the commencement of this clause, being a proclamation which extended the provisions of that section to a country, is to be taken to have been made, and published, under section 14 of the Estates Act and to have extended the provisions of section 14 of the Estates Act to the country.
(2) A proclamation published in the Gazette under section 100 of the 1958 Act and in force immediately before the commencement of this clause, being a proclamation by which the Governor declared a country, state or territory outside New South Wales to be a reciprocating state for the purposes of Part 12 of the 1958 Act is to be taken to have been made and published under section 65 of the Estates Act and to be a proclamation by which the Governor declared the country, state or territory to be a reciprocating state for the purposes of Part 6 of the Estates Act.
(1) The repeal of the 1958 Act does not affect the tenure of office of any person holding an office referred to in section 51 of that Act immediately before the appointed day who holds that office immediately before the commencement of this clause.
(2) The person who, immediately before the appointed day, held office as the Protective Chief Clerk is to be taken to have been duly appointed, on that day, to the office of Deputy Protective Commissioner and is to be taken to have been so appointed on the same terms and conditions as those applicable to the person immediately before that day.
Any security or bond given, and any recognizance entered into, under the 1958 Act is to be taken to have been given, or entered into, as the case may be, under the Estates Act.
The provisions of the Estates Act apply to and in respect of any document executed or thing done under the 1958 Act in the same way as those provisions apply to and in respect of a document executed or thing done under the Estates Act.
(1) The trust fund to which money paid into the Treasury under the 1958 Act was credited is to be the trust fund to which money paid into the Special Deposits Account in the Treasury is required to be credited under section 27 of the Estates Act.
(2) A current account kept under the 1958 Act in respect of the balance standing to the credit of an estate in the trust fund and which has not been closed before the commencement of this clause is to be taken to have been kept under the Estates Act in respect of that balance.
(3) The Interest Account and the Estates Guarantee and Reserve Account kept by the Protective Commissioner under the 1958 Act are, respectively, the Interest Account and the Estates Guarantee and Reserve Account under the Estates Act and the balances of those accounts immediately before the appointed day are the respective balances on that day.
For the purposes of the Estates Act, any proceeds of a sale or other money to which section 74 of the 1958 Act applied immediately before the appointed day are, until recovered from the Treasurer, to be taken to be proceeds or money to which section 44 of the Estates Act applies.
The provisions of the Estates Act apply to and in respect of:
(a) property taken in exchange, or a renewed lease accepted, under the 1958 Act in the same way as those provisions apply to and in respect of property taken in exchange, or a renewed lease accepted, under the Estates Act, and
(b) money or other property arising from a dealing with property under the 1958 Act in the same way as those provisions apply to and in respect of money or other property arising from a dealing with property under the Estates Act.
(1) If, immediately before the appointed day, the Protective Commissioner was administering the affairs of a voluntary patient under the 1958 Act, the estate of the patient on and from that day, subject to the Estates Act, is to be taken to have become subject to management under section 63 of the Estates Act.
(2) If:(a) before the appointed day, a person had ceased to be a voluntary patient within the meaning of the 1958 Act, and(b) immediately before that day, the estate of the person was being managed pursuant to section 73 (3) of the 1958 Act,the estate of the person is, on and from that day, subject to the Estates Act, to be taken to have become subject to management under section 41 (2) of the Estates Act.
(3) If, under section 61 of the 1958 Act, the Protective Commissioner had the management and care of the property of a mentally ill person detained in a mental hospital, the estate of the person is, on and from the appointed day, to be taken to have become, for the purposes of the Estates Act, subject to management under the Estates Act.
(1) On and from the appointed day, a reference (however expressed) in any other Act (whether assented to before, on or after that day), in any instrument made under an Act or in any other instrument of any kind:(a) to a protected person or an incapable person, or both, within the meaning of the 1958 Act--is to be read as a reference to a protected person within the meaning of the Estates Act, or(b) to an incapable person or an insane person, or both, within the meaning of the 1898 Act--is to be read as a reference to a protected person within the meaning of the Estates Act, or(c) to a committee of an estate or a manager of an estate within the meaning of the 1958 Act--is to be read as a reference to a manager of an estate appointed under the Estates Act, or(d) to a committee of a person within the meaning of the 1958 Act--is to be read as a reference to a guardian of a person appointed under the Estates Act, or(e) to a committee of an estate or a manager of an estate within the meaning of the 1898 Act--is to be read as a reference to a manager of an estate appointed under the Estates Act.
(2) On and from the appointed day, a reference (however expressed) in any other Act (whether assented to before, on or after that day), in any instrument made under an Act or in any other instrument of any kind:(a) to the Master of the Supreme Court of New South Wales prescribed by rules of Court for the purposes of the 1958 Act, the Master in the Protective Division of that Court or the Master in Lunacy--is, in so far as it relates to the powers and duties conferred on the Master by or under any Act (other than the Supreme Court Act 1970 ) or by any order of that Court--is to be read as a reference to the Protective Commissioner, or(b) to the Deputy Master in the Protective Jurisdiction of the Supreme Court of New South Wales--is to be read as a reference to the Protective Commissioner, or(c) to the Chief Clerk in the Protective Jurisdiction of the Supreme Court of New South Wales or the Protective Chief Clerk--is to be read as a reference to the Deputy Protective Commissioner.
(1) On and from the appointed day, a reference (however expressed) in any other Act (whether assented to before, on or after that day), in any instrument made under an Act or in any other instrument of any kind:(a) to an admission centre or a mental hospital, or both, within the meaning of the 1958 Act--is to be read as a reference to a hospital within the meaning of this Act, or(b) to an authorised hospital within the meaning of the 1958 Act--is to be read as a reference to an authorised hospital within the meaning of this Act, or(c) to a hospital for the insane, a hospital for the criminal insane or a reception-house, or any combination of those expressions, within the meaning of the 1898 Act--is to be read as a reference to a hospital within the meaning of this Act, or(d) to a licensed house within the meaning of the 1898 Act--is to be read as a reference to an authorised hospital within the meaning of this Act.
(2) On and from the appointed day, a reference (however expressed) in any other Act (whether assented to before, on or after that day), in any instrument made under an Act or in any other instrument of any kind:(a) to a mentally ill person within the meaning of the 1958 Act--is to be read as a reference to a mentally ill person within the meaning of Chapter 3 of this Act, or(b) to a voluntary patient within the meaning of the 1958 Act--is to be read as a reference to an informal patient within the meaning of this Act, or(c) to a temporary patient within the meaning of the 1958 Act--is to be read as a reference to a temporary patient within the meaning of this Act, or(d) to a continued treatment patient within the meaning of the 1958 Act--is to be read as a reference to a continued treatment patient within the meaning of this Act, or(e) to a person under detention under Part 7 of the 1958 Act--is to be read as a reference to a forensic patient within the meaning of this Act, or(f) to a forensic patient within the meaning of the 1983 Act--is to be read as a reference to a forensic patient within the meaning of this Act, or(g) to a patient within the meaning of the 1958 Act--is to be read as a reference to a patient (other than an informal patient) within the meaning of this Act, or(h) to a person detained in an admission centre under section 12 of the 1958 Act--is to be read as a reference to a person taken to and detained in a hospital under Part 2 of Chapter 4 of this Act, or(i) to a patient or an insane patient, or both, within the meaning of the 1898 Act--is to be read as a reference to a patient (other than an informal patient) within the meaning of this Act, or(j) to a lunatic within the meaning of the 1898 Act--is to be read as a reference to a mentally ill person within the meaning of Chapter 3 of this Act.
(3) On and from the appointed day, a reference (however expressed) in any other Act (whether assented to before, on or after that day), in any instrument made under an Act or in any other instrument of any kind:(a) to a provision of the 1958 Act or of the 1898 Act--is, except as provided by paragraph (c), to be read as a reference to the corresponding provision, if any, of this Act or of the Estates Act, as the case requires, or(b) to the 1958 Act or the 1898 Act--is, except as provided by paragraph (c), to be read as a reference to this Act or the Estates Act, as the case requires, or(c) to the keeping in strict custody pursuant to section 23 (3) of the 1958 Act of any person--is to be read as a reference to the detention of that person in strict custody pursuant to section 25 or 39, as the case requires, of the Mental Health (Criminal Procedure) Act 1990 .
(1) A person who, immediately before the appointed day, was a person released on licence pursuant to an order that was still in force and made under section 29 of the 1958 Act:(a) is to be taken to be a forensic patient released pursuant to an order made under section 84 of this Act, and(b) is to be taken to be a forensic patient within the meaning of this Act until such time as the person ceases, by the operation of this Act, to be a forensic patient.
(2) A person who, immediately before the appointed day, was a person detained in a hospital whose release on licence pursuant to an order made under section 29 of the 1958 Act had been revoked is to be taken to be a forensic patient within the meaning of this Act.
(3) An order referred to in subclause (1) made under section 29 of the 1958 Act that was still in force immediately before the appointed day:(a) on and from that commencement, has effect as if the order were made under section 84 of this Act, and(b) may be revoked or varied in the same way as an order made under that section.
Sections 35, 38 and 40, as amended by the Mental Health (Amendment) Act 1994 , do not apply to any person taken to a hospital before the commencement of the relevant amendment and not released before that commencement.
Sections 188, 190, 191, 193 and 194, as amended by the Mental Health (Amendment) Act 1994 , do not apply to any person in respect of whom an application is made under section 188 or 189, and not finally determined, before the commencement of the relevant amendment.
Section 9, as amended by the Mental Health Legislation Amendment Act 1997 , applies to persons detained before the commencement of that amendment and who continue to be detained.
Section 143A, as inserted by the Mental Health Legislation Amendment Act 1997 , applies to a person detained after the commencement of that section, whether or not the community treatment order was made before or after the commencement of that section.
(1) A person who held office as an official visitor for a hospital or health care agency immediately before the commencement of Schedule 1.5 [1] to the Mental Health Legislation Amendment Act 1997 :(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to be reappointed as an official visitor.
(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
Section 100A (2), as inserted by the Crimes Legislation Amendment Act 2002 , extends to persons transferred to a hospital from a prison before the commencement of that section.
(1) In this clause, "amending Act" means the Mental Health (Criminal Procedure) Amendment Act 2005 .
(2) An amendment made by Schedule 3 [1], [2], [3], [4] or [5] to the amending Act applies to a finding by a court that a person is unfit to be tried for an offence whether or not the finding is made in proceedings commenced before, on or after the commencement of the amendment.
(3) Section 82 (5) (b) (as inserted by the amending Act) applies to a forensic patient whether or not the relevant transfer to a hospital occurred before, on or after the commencement of the paragraph.
(4) An amendment made to this Act by Schedule 3 [7] to the amending Act applies to orders whether made before, on or after the commencement of the amendment.
(5) An amendment made to this Act by Schedule 3 [9], [10] or [11] to the amending Act extends to a person who was a forensic patient immediately before the commencement of the amendment.
(6) An amendment made to this Act by Schedule 3 [13] to the amending Act applies to a person whether or not the relevant grant of bail was made before, on or after the commencement of the amendment.