Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 800B

800B Validation provision for purported appointment of ineligible person

(1) This section applies in relation to the person—

(a) who was purportedly appointed as a member of the tribunal under the repealed Act on 28 February 2002 on the basis that the person was eligible for appointment because the person was a lawyer of at least 5 years standing under the repealed Act, section 440 (4) (a) ; and

(b) whose purported appointment was continued on that basis even though the person was not eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period.

(2) For the repealed Act, the person is taken—

(a) to have been eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period; and

(b) to have been validly appointed on that basis as a member of the tribunal for the relevant period.

(3) Anything done or omitted to be done during the relevant period that would have been valid and lawful under the repealed Act had the person been validly appointed as a member is taken to be, and always to have been, valid and lawful.

(4) In this section—

"relevant period" means the period starting on 28 February 2002 and ending on 31 August 2016.