Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 837

837 Forensic order (Mental Health Court—Disability)

(1) This section applies to a forensic order (Mental Health Court—Disability) under the repealed Act that—

(a) was in force immediately before the commencement; or

(b) is made after the commencement under this chapter.

(2) The order is taken to be a forensic order (disability) under the new Act.

(3) On the commencement or relevant start day—

(a) the category of the forensic order (disability) is inpatient; and

(b) the new Act applies in relation to the category of the forensic order (disability) as if the order had been made under the new Act.

(4) Any conditions of the forensic order (Mental Health Court—Disability), including a non-contact condition, are taken to be conditions of the forensic order (disability).

(5) Without limiting subsections (1) to (4)—

(a) for the purposes of the new Act, the forensic order (disability) is taken to have been made when the forensic order (Mental Health Court—Disability) was made under the repealed Act; and

(b) the new Act applies in relation to the forensic order (disability) as if it were made under the new Act.

(6) To remove any doubt, it is declared that the person subject to the forensic order (Mental Health Court—Disability) is taken to have been subject to the forensic order (disability) for any period during which the person was subject to the forensic order (Mental Health Court—Disability).

(7) In this section—

"relevant start day" , for a forensic order (disability) taken to have been made after the commencement under this chapter, means the day the order is taken to have been made.