Mental Health Amendment (Corresponding Laws) Regulation 2014 (NSW)

New South Wales

Mental Health Amendment (Corresponding

Laws) Regulation 2014

under the

Mental Health Act 2007

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Mental Health Act 2007.

JAI ROWELL, MP

Minister for Mental Health

Explanatory note
The objects of this Regulation are to amend the Mental Health Regulation 2013:

(a)	to declare that the Mental Health Act 2014 of Victoria, which replaces the Mental Health Act 1986 of Victoria (the repealed Act), is a law corresponding to the Mental Health Act 2007 or the Mental Health (Forensic Provisions) Act 1990 for the purposes of Chapter 8 of the Mental Health Act 2007, and
(b)	to update references to the repealed Act.

This Regulation is made under the Mental Health Act 2007, including sections 172 (1) and 196 (the general regulation-making power).

Mental Health Amendment (Corresponding Laws) Regulation

2014

under the

Mental Health Act 2007

1      Name of Regulation

This Regulation is the Mental Health Amendment (Corresponding Laws) Regulation
2014.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of Mental Health Regulation 2013

[1]      Clause 21 Definitions

Omit “section 96 of the Mental Health Act 1986” from the definition of authorised psychiatrist in clause 21 (1).

Insert instead “section 150 of the Mental Health Act 2014”.

[2]      Clauses 21 (1) (definition of “relevant corresponding law”) and 23

Omit “Mental Health Act 1986” wherever occurring.
Insert instead “Mental Health Act 2014”.

[3]      Clauses 21 (1) (definition of “Victorian mental health facility”), 25 (2) (b) (i) and 30 (2)

Omit “an approved mental health service within the meaning of the Mental Health Act
1986” wherever occurring.

Insert instead “a designated mental health service within the meaning of the Mental Health
Act 2014”.

[4]      Clause 29 Transfer of interstate persons to mental health facilities in this State

Omit “detained as an involuntary patient under the Mental Health Act 1986” from clause 29 (2).

Insert instead “who is subject to an Inpatient Temporary Treatment Order or an Inpatient
Treatment Order under the Mental Health Act 2014”.

[5]      Clause 29 (2) (b)

Omit “transfer order made under section 93G of the Mental Health Act 1986”.

Insert instead “interstate transfer order made under section 322 or 323 of the Mental Health
Act 2014”.

[6]      Clause 30 Victorian community treatment orders relating to New South Wales residents

Omit “community treatment order made under section 14 of the Mental Health Act 1986” from clause 30 (1).

Insert instead “Community Temporary Treatment Order or Community Treatment Order made under section 45 or 55 of the Mental Health Act 2014”.