Mental Health and Wellbeing Transitional Regulations 2023 (Vic)
Version No. 001
Mental Health and Wellbeing Transitional Regulations 2023
S.R. No. 90/2023
Version as at
1 September 2023
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Definitions
Part 2—Transitional and saving provisions
5Application for review of direction
6Second psychiatric opinion
7Directions by chief psychiatrist
8Direction by chief psychiatrist under section 129
9Investigation by chief psychiatrist
10Leave
11Clinical reviews
12Standards, guidelines and practice directions
13Clinical practice audits
14Contractors
15Delegation by chief psychiatrist
16Identity cards
17Emergency declaration of designated mental health service
18Appointment of authorised psychiatrist
19Delegation by authorised psychiatrist under section 151(1) of the old Act
20Delegation by authorised psychiatrist under section 151(2) of the old Act
21Members of Mental Health Tribunal
22Proceedings before Mental Health Tribunal
23Notices to Mental Health Tribunal
24Determinations of Mental Health Tribunal
25Secrecy—Tribunal
26Review by VCAT
27Register of proceedings
28Secrecy—community visitors
29Investigation and report
30Complaints
31Compliance notices and undertakings
32Custody of records
33Disclosure of information—Commissioner and staff
34Secure treatment orders
35Transfer of security patient or forensic patient to another approved mental health service
36Security conditions
37Warrants
38Orders of Magistrates' Court relating to interstate security patients
39Corresponding laws and orders
40Ministerial agreements
41Transfer of persons from Victoria
42Taking person from interstate for assessment
43Transfer of responsibility for treatment of person to interstate mental health facility
44Taking person to interstate mental health facility
45Interstate transfer of treatment order
46Interstate transfer order
47Ministerial guidelines
48Ministerial directions
49Person subject to interstate order taken to Victoria
50Taking a person absent from interstate mental health facility into care and control
51Taking a person absent from designated mental health service into care and control
52Institute appointments and employment
53Consent to disclosure of health information
54Codes of Practice
55Delegation by Board of Centre
56Delegation by Directors of Centre
57Revocation
═════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Mental Health and Wellbeing Transitional Regulations 2023
S.R. No. 90/2023
Version as at
1 September 2023
PART 1—PRELIMINARY
1Objective
The objective of these Regulations is to prescribe transitional matters, including matters of an application or savings nature, arising from the enactment of the Mental Health and Wellbeing Act 2022.
2Authorising provision
These Regulations are made under section 783 of the Mental Health and Wellbeing Act 2022.
3Commencement
These Regulations come into operation on 1 September 2023.
4Definitions
In these Regulations—
new Act means the Mental Health and Wellbeing Act 2022;
old Act means the Mental Health Act 2014.
PART 2—TRANSITIONAL AND SAVING PROVISIONS
5Application for review of direction
On and after 1 September 2023, an application to the Forensic Leave Panel for review made under section 310 of the old Act but not determined before that date may be heard and determined as if it were an application for review made under section 574 of the new Act.
6Second psychiatric opinion
If a second psychiatric opinion was sought but not given under section 79 of the old Act immediately before 1 September 2023, sections 69 to 72 of the new Act apply on and after that date to the giving of that opinion and the preparation of the second psychiatric opinion report as if the second psychiatric opinion was sought under section 67 of the new Act.
7Directions by chief psychiatrist
(1)A direction given by the chief psychiatrist under section 65(3) of the old Act and in force immediately before 1 September 2023 has effect on and after that date as if it were a direction of the chief psychiatrist under section 223(2) of the new Act.
(2)A direction given by the chief psychiatrist under section 88(4) of the old Act and in force immediately before 1 September 2023 has effect on and after that date as if it were a direction of the chief psychiatrist under section 76(5) of the new Act.
(3)A direction given by the chief psychiatrist under section 121(1)(j) of the old Act and in force immediately before 1 September 2023 has effect on and after that date as if it were a direction of the chief psychiatrist under section 267(1)(i) of the new Act.
(4)A direction given by the chief psychiatrist under section 124(1) of the old Act and in force immediately before 1 September 2023 has effect on and after that date as if it were a direction of the chief psychiatrist under section 298(1) of the new Act.
(5)A direction given by the chief psychiatrist under section 146(3) of the old Act and in force immediately before 1 September 2023 has effect on and after that date as if it were a direction of the chief psychiatrist under section 275(3) of the new Act.
8Direction by chief psychiatrist under section 129
On and after 1 September 2023, a mental health service provider (within the meaning of the old Act) must comply with a direction given by the chief psychiatrist under section 129 of the old Act that had not been complied with immediately before that date as if the old Act had not been repealed.
9Investigation by chief psychiatrist
An investigation by the chief psychiatrist under section 122 of the old Act may be continued and completed (including the preparation of the report of the investigation) on and after 1 September 2023 as if it were an investigation under section 278 of the new Act.
10Leave
(1)On and after 1 September 2023, a leave of absence approved under section 64 of the old Act and existing immediately before that date is taken to be a leave of absence granted under section 212 of the new Act.
(2)On and after 1 September 2023, a leave of absence granted under section 281 of the old Act and existing immediately before that date is taken to be a leave of absence granted under section 545 of the new Act.
(3)On and after 1 September 2023, an application under section 285 of the old Act for monitored leave that has not been determined before that date is taken to be an application for monitored leave under section 549 of the new Act.
(4)On and after 1 September 2023, monitored leave granted under section 285 of the old Act and existing immediately before that date is taken to be monitored leave granted under section 549 of the new Act.
11Clinical reviews
(1)A clinical review that was commenced under section 130 of the old Act in relation to a specified mental health service provider but not completed immediately before 1 September 2023 may be continued and completed under the new Act on and after that date as if it were a clinical review in relation to a clinical mental health service provider under section 286 of the new Act.
(2)Division 4 of Part 6.3 of the new Act applies to a clinical review continued under subregulation (1) and any thing done under the old Act in relation to the clinical review has effect for the purposes of that Division.
(3)A report of a clinical review prepared under section 132 of the old Act has effect on and after 1 September 2023 as if it were a clinical review report prepared under section 288 of the new Act.
12Standards, guidelines and practice directions
(1)A standard, guideline or practice direction for the provision of mental health services developed by the chief psychiatrist under section 121(1)(a) of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be a standard, guideline or practice direction (as the case may be) developed by the chief psychiatrist under section 267(1)(a) of the new Act.
(2)Any standard, guideline or practice direction issued by the chief psychiatrist under section 133 or 139 of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be a standard, guideline or practice direction (as the case may be) issued by the chief psychiatrist under section 273 of the new Act.
13Clinical practice audits
A clinical practice audit that was commenced under section 134 of the old Act but not completed before 1 September 2023 may be continued and completed under the old Act despite its repeal.
14Contractors
Any arrangements or agreements entered into by the Secretary under section 143 of the old Act and existing immediately before 1 September 2023 have effect on and after that date as if they were arrangements or agreements entered into by the Health Secretary under section 270 of the new Act.
15Delegation by chief psychiatrist
(1)This regulation applies to a delegation of a power, duty or function under section 144 of the old Act by the chief psychiatrist that was in force immediately before 1 September 2023.
(2)The delegation has effect on and after 1 September 2023 as if it were a delegation under section 271 of the new Act of the corresponding function or power under the new Act.
16Identity cards
An identity card issued to an authorised officer under section 147 of the old Act and existing immediately before 1 September 2023 has effect on and after that date as if it were an identity card issued to the authorised officer under section 276 of the new Act.
17Emergency declaration of designated mental health service
An emergency declaration of a designated mental health service under section 149 of the old Act that was in force immediately before 1 September 2023 has effect on and after that date as if it were an emergency declaration of the designated mental health service under section 257 of the new Act.
18Appointment of authorised psychiatrist
A person who was appointed as an authorised psychiatrist under section 150 of the old Act immediately before 1 September 2023 is taken on and after that date to be appointed as an authorised psychiatrist under section 328 of the new Act.
19Delegation by authorised psychiatrist under section 151(1) of the old Act
(1)This regulation applies to a delegation of a power, duty or function under section 151(1) of the old Act by an authorised psychiatrist that was in force immediately before 1 September 2023.
(2)The delegation has effect on and after 1 September 2023 as if it were a delegation under section 329(1) of the new Act of the corresponding power or function under the new Act.
20Delegation by authorised psychiatrist under section 151(2) of the old Act
(1)This regulation applies if a delegation was made by an authorised psychiatrist of a power, duty or function under section 151(2) of the old Act to a registered medical practitioner employed or engaged by a designated mental health service and the delegation was in force immediately before 1 September 2023.
(2)The delegation has effect on and after 1 September 2023 as if it were a delegation under section 329(2) of the new Act to that registered medical practitioner of the corresponding power, duty or function under the new Act.
(3)The delegation expires on the date specified in the instrument of delegation under section 151(3) of the old Act.
21Members of Mental Health Tribunal
(1)On and after 1 September 2023, a member of the Mental Health Tribunal holding office under the old Act immediately before that date continues, subject to the new Act, to hold that office under the new Act for the balance of the term for which the member was appointed and on the same terms and conditions as those on which the member held that office immediately before 1 September 2023.
(2)A person appointed under section 169(1) of the old Act to conduct an investigation is taken on and after 1 September 2023 to be appointed under section 349(1) of the new Act.
(3)Any investigation commenced under section 169 of the old Act but not completed immediately before 1 September 2023 may be continued and completed on and after that date as if it were an investigation commenced under section 349 of the new Act.
22Proceedings before Mental Health Tribunal
(1)A proceeding before the Mental Health Tribunal under section 53 of the old Act or an application in relation to a proceeding under section 53 of the old Act that was not completed immediately before 1 September 2023 must be heard and determined on and after that date in accordance with section 189 of the new Act.
(2)A proceeding before the Mental Health Tribunal under section 58(5) of the old Act that was not completed immediately before 1 September 2023 must be heard and determined on and after that date in accordance with section 204 of the new Act.
(3)A proceeding before the Mental Health Tribunal under section 60 of the old Act that was not completed immediately before 1 September 2023 must be heard and determined on and after that date in accordance with section 206 of the new Act.
(4)A determination made by the Mental Health Tribunal under section 60 of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be a determination made under section 207 of the new Act.
(5)A proceeding before the Mental Health Tribunal under section 273 of the old Act that was not completed immediately before 1 September 2023 must be heard and determined on and after that date in accordance with section 543 of the new Act.
(6)A proceeding before the Mental Health Tribunal under section 279(1)(a) or (b) of the old Act that was not completed immediately before 1 September 2023 must be heard and determined on and after that date in accordance with section 538 of the new Act.
23Notices to Mental Health Tribunal
(1)A notice given to the Mental Health Tribunal under section 50(2)(a) of the old Act in respect of a Temporary Treatment Order that was in force immediately before 1 September 2023 is taken on and after that date to be a corresponding notice given under section 187 of the new Act.
(2)A notice given to the Mental Health Tribunal under section 59 of the old Act in respect of a variation of a Community Treatment Order to an Inpatient Treatment Order that was in force immediately before 1 September 2023 is taken on and after that date to be a corresponding notice given under section 203(1)(a) of the new Act.
(3)A notice given to the Mental Health Tribunal under section 271 of the old Act in respect of the receipt at a designated mental health service of a security patient who is subject to a Court Secure Treatment Order that was in force immediately before 1 September 2023 is taken on and after that date to be a corresponding notice given under section 541(1)(a) of the new Act.
(4)A notice given to the Mental Health Tribunal under section 277 of the old Act in respect of the receipt at a designated mental health service of a security patient who is subject to a Secure Treatment Order that was in force immediately before 1 September 2023 is taken on and after that date to be a corresponding notice given under section 536(1)(a) of the new Act.
24Determinations of Mental Health Tribunal
(1)Without affecting any transitional provision in the new Act or these Regulations relating to a specific kind of determination, a determination made by the Mental Health Tribunal under a provision of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be a determination under the corresponding provision of the new Act.
(2)Subregulation (1) does not affect any provision of the new Act or these Regulations that relates to a particular kind of determination.
25Secrecy—Tribunal
Section 355 of the new Act is taken to apply to any person to whom section 175 of the old Act applied immediately before 1 September 2023.
26Review by VCAT
An application for review by VCAT made under section 201 of the old Act but not determined immediately before 1 September 2023 may be continued and determined on and after that date as if it were an application for review made under section 383 of the new Act.
27Register of proceedings
The register of proceedings kept under section 176 of the old Act is taken on and after 1 September 2023 to form part of the register of proceedings kept under section 356 of the new Act.
28Secrecy—community visitors
Section 410 of the new Act is taken to apply to any person to whom section 225 of the old Act applied immediately before 1 September 2023.
29Investigation and report
If an investigation had commenced under section 228(k) of the old Act but a report of the investigation had not been made before 1 September 2023, the old Act continues to apply to the investigation despite its repeal and for that purpose—
(a)any reference in the old Act to the Mental Health Complaints Commissioner is taken to be a reference to the Mental Health and Wellbeing Commission; and
(b)the Mental Health and Wellbeing Commission may have regard to any thing done before 1 September 2023 by the Mental Health Complaints Commissioner in relation to the investigation.
30Complaints
(1)The old Act continues to apply, despite its repeal, to a complaint made or referred to the Mental Health Complaints Commissioner under Part 10 of the old Act that was not finally dealt with (including by the determination of any review of a decision on the complaint) before 1 September 2023, and for that purpose—
(a)any reference in the old Act to the Mental Health Complaints Commissioner is taken to be a reference to the Mental Health and Wellbeing Commission; and
(b)the Mental Health and Wellbeing Commission may have regard to any thing done before 1 September 2023 by the Mental Health Complaints Commissioner in relation to the complaint; and
(c)subject to subregulation (2), the new Act does not apply in relation to the complaint.
(2)Sections 517, 518 and 519 of the new Act apply (with any necessary changes) in relation to any information obtained after 1 September 2023 in dealing with a complaint referred to in subregulation (1).
(3)Despite the repeal of the old Act, a person may make a complaint to the Mental Health and Wellbeing Commission under Part 9.2 of the new Act on a ground set out in section 234 of the old Act in relation to a matter occurring before 1 September 2023 if the person would have been entitled under section 232 of the old Act to make a complaint under the old Act on that ground before 1 September 2023.
(4)Subregulation (3) does not apply if a complaint had already been made in relation to the matter under Part 10 of the old Act before its repeal.
(5)Chapter 9 of the new Act applies (with any necessary changes) to a complaint referred to in subregulation (3).
31Compliance notices and undertakings
(1)A compliance notice served under section 260 of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be a compliance notice served under Part 9.3 of the new Act.
(2)An undertaking accepted under section 243(4)(e) of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be an undertaking accepted under section 475(1)(a) of the new Act.
32Custody of records
On and after 1 September 2023, the Mental Health and Wellbeing Commission is entitled to custody of the records of the Mental Health Complaints Commissioner.
33Disclosure of information—Commissioner and staff
Despite its repeal, section 265 of the old Act continues to apply to any person to whom it applied immediately before 1 September 2023.
34Secure treatment orders
On and after 1 September 2023, a Secure Treatment Order made under section 276 of the old Act and in force immediately before that date is taken to be a secure treatment order made under section 535 of the new Act.
35Transfer of security patient or forensic patient to another approved mental health service
(1)On and after 1 September 2023, a direction given under section 292 of the old Act by the chief psychiatrist in relation to a security patient is taken to be a direction under section 556 of the new Act unless the security patient has been transferred under the direction under section 292 of the old Act before that date.
(2)On and after 1 September 2023, a direction given under section 308 of the old Act by the chief psychiatrist in relation to a forensic patient is taken to be a direction under section 572 of the new Act unless the forensic patient has been transferred under the direction under section 308 of the old Act before that date.
36Security conditions
(1)A security condition under section 296 of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be a security condition under section 560 of the new Act.
(2)A security condition under section 311 of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be a security condition under section 575 of the new Act.
37Warrants
(1)A warrant to arrest a security patient issued under section 299 of the old Act and in force immediately before 1 September 2023 has effect on and after that date as if it were a warrant issued under section 563 of the new Act in respect of the security patient.
(2)On and after 1 September 2023, an application made under section 301 of the old Act that had not been considered by the Magistrates' Court before that date is taken to be an application to a magistrate for the warrant under section 565 of the new Act.
(3)A warrant to arrest a person issued under section 301 of the old Act and in force immediately before 1 September 2023 has effect on and after that date as if it were a warrant issued under section 565 of the new Act in respect of the person.
38Orders of Magistrates' Court relating to interstate security patients
An order made under section 302 of the old Act and in force immediately before 1 September 2023 is taken on and after that date to be an order made under section 566 of the new Act.
39Corresponding laws and orders
The Order made under section 314 of the old Act on 26 September 2017 and published in the Government Gazette on 28 September 2017 (G39 page 2143) and in force immediately before 1 September 2023 is taken on and after that date to be an Order made under section 593 of the new Act as if—
(a)in paragraph (b), for the reference to "Mental Health Forensic Provisions Act 1990 (New South Wales)" there were substituted "Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (New South Wales)"; and
(b)in paragraphs (b) and (c), for the references to "Mental Health and Related Services Act (Northern Territory)" there were substituted "Mental Health and Related Services Act 1998 (Northern Territory)"; and
(c)in paragraph (c), for the fourth item relating to the Mental Health Act 2007 (New South Wales) there were substituted—
"a community treatment order under section 35(5)(b), section 38(5)(b) and section 53 of the Mental Health Act 2007 (New South Wales);"; and
(d)in paragraph (c), for the item relating to the Mental Health (Forensic Provisions) Act 1990 (New South Wales) there were substituted—
"a community treatment order under section 20(1) and section 99 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (New South Wales);".
40Ministerial agreements
A Ministerial agreement entered into under section 315 of the old Act and existing immediately before 1 September 2023 is taken on and after that date to be a Ministerial agreement entered into under section 594 of the new Act.
41Transfer of persons from Victoria
On and after 1 September 2023, a person who, immediately before that date, is being taken to an interstate mental health facility under section 318(1) of the old Act is taken as being transported to the interstate mental health facility under section 597(1) of the new Act.
42Taking person from interstate for assessment
On and after 1 September 2023, a person who, immediately before that date, is being transported to a registered medical practitioner or mental health practitioner in this State under section 319 of the old Act is taken as being transported to the registered medical practitioner or mental health practitioner under section 598 of the new Act.
43Transfer of responsibility for treatment of person to interstate mental health facility
On and after 1 September 2023, a direction made under section 320 of the old Act and in force immediately before that date is taken to be a direction made under section 599 of the new Act.
44Taking person to interstate mental health facility
On and after 1 September 2023, a direction made under section 322 of the old Act and in force immediately before that date is taken to be a direction made under section 600 of the new Act.
45Interstate transfer of treatment order
On and after 1 September 2023, an interstate transfer or treatment order made under section 321 of the old Act and in force immediately before that date is taken to be an interstate transfer or treatment order made under section 601 of the new Act.
46Interstate transfer order
On and after 1 September 2023, an interstate transfer order made under section 323 of the old Act and in force immediately before that date is taken to be an interstate transfer order made under section 602 of the new Act.
47Ministerial guidelines
Any guidelines published by the Minister under section 339A of the old Act and existing immediately before 1 September 2023 are taken on and after that date to be guidelines published by the Minister under section 625 of the new Act.
48Ministerial directions
Any directions issued by the Minister under section 342 of the old Act and existing immediately before 1 September 2023 are taken on and after that date to be directions issued by the Minister under section 631 of the new Act.
49Person subject to interstate order taken to Victoria
On and after 1 September 2023, a person who, immediately before that date, is being taken to an authorised psychiatrist in this State under section 324 of the old Act is taken as being transported to the authorised psychiatrist under section 606 of the new Act.
50Taking a person absent from interstate mental health facility into care and control
On and after 1 September 2023, a person who, immediately before that date, is apprehended under section 326(1) of the old Act is taken as being taken into care and control under section 608(1) of the new Act.
51Taking a person absent from designated mental health service into care and control
On and after 1 September 2023, a person who—
(a)is absent without leave from a designated mental health service; and
(b)is apprehended in a participating State or Territory under section 327 of the old Act; and
(c)has not been taken back to the designated mental health service before that date—
is taken as being taken into care and control under section 609 of the new Act.
52Institute appointments and employment
(1)On and after 1 September 2023, a delegate to the board of the Institute holding office under section 339B of the old Act immediately before that date is taken to be appointed as a delegate to the Institute Board under section 626 of the new Act.
(2)On and after 1 September 2023, the person appointed as the chief executive officer of the Institute and holding office under section 340 of the old Act immediately before that date is taken to be appointed as the chief executive officer of the Institute under section 629 of the new Act on the same terms and conditions for the remainder of the chief executive officer's term of appointment.
(3)On and after 1 September 2023, any person who immediately before that date was employed by the Institute under section 341 of the old Act is taken to be employed by the Institute under section 630 of the new Act until the person ceases to be employed.
53Consent to disclosure of health information
A consent under section 346(2)(a) of the old Act to the disclosure of health information is taken on and after 1 September 2023 to be a consent under section 730(1) of the new Act to the disclosure of that information.
54Codes of Practice
A Code of Practice made by the Secretary under section 367 of the old Act and existing immediately before 1 September 2023 is taken on and after that date to be a Code of Practice made by the Health Secretary under section 755(1)(a) of the new Act.
55Delegation by Board of Centre
(1)This regulation applies if a delegation of a function or power was made by the Board of the Victorian Collaborative Centre for Mental Health and Wellbeing under section 22 of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 and the delegation was in force immediately before 1 September 2023.
(2)The delegation has effect on and after 1 September 2023 as if it were a delegation under section 658 of the new Act of the corresponding function or power under the new Act.
56Delegation by Directors of Centre
(1)This regulation applies if a delegation was made by the Directors of the Victorian Collaborative Centre for Mental Health and Wellbeing under section 26 of the Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021 and the delegation was in force immediately before 1 September 2023.
(2)The delegation has effect on and after 1 September 2023 as if it were a delegation under section 662 of the new Act of the corresponding function or power under the new Act.
57Revocation
These Regulations are revoked on 1 September 2025.
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Mental Health and Wellbeing Transitional Regulations 2023, S.R. No. 90/2023 were made on 22 August 2023 by the Governor in Council under section 783 of the Mental Health and Wellbeing Act 2022, No. 39/2022 and came into operation on 1 September 2023: regulation 3.
The Mental Health and Wellbeing Transitional Regulations 2023 will be revoked on 1 September 2025: see regulation 57.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Mental Health and Wellbeing Transitional Regulations 2023 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
No entries at date of publication.
0
0
0