Transitional arrangements

Existing orders and procedures under the Mental Health Act 2014 transition to corresponding provisions in the Mental Health and Wellbeing Act 2022 (the Act).

Transition – advance statements and nominated persons

An advance statement, made under the Mental Health Act 2014, that was in effect as the new Act commenced on 1 September 2023 will be taken to be an advance statement of preferences under the Act.

A person who is a nominated person under the Mental Health Act 2014 as the new Act commenced on 1 September 2023 will be a nominated support person under the Act.

Transition – right to communicate

A direction restricting an inpatient’s right to communicate that was in effect as the new Act commenced on 1 September 2023 will be taken to be a direction under the Act.

Transition – second psychiatric opinions

If before 1 September 2023, a second psychiatric opinion report recommends changes to an eligible patient's current treatment, that report will be taken to be a second psychiatric report prepared under the Act.

If a second psychiatric opinion was sought but not yet given under the Mental Health Act 2014, the Act will apply to the giving of the second psychiatric opinion and the preparation of a second psychiatric opinion report from 1 September 2023.

Transition – electroconvulsive treatment and neurosurgery for mental illness

A course of ECT authorised before 1 September 2023 continues to apply as though the authorisation was made under the Act.

Approval for the performance of neurosurgery granted by the Mental Health Tribunal before 1 September 2023 will be taken to be approval granted under the Act.

Transition –seclusion and bodily restraint

Seclusion or bodily restraint authorised prior to 1 September 2023 will be taken to be seclusion or bodily restraint authorised under the Act.

Transition – assessment orders, temporary treatment orders and treatment orders

An Assessment Order made under the Mental Health Act 2014 that was in force as the new Act commenced on 1 September 2023 continues in force as if it were an Assessment Order made under the Act.

A variation to a Court Assessment Order made by an authorised psychiatrist under the Mental Health Act 2014 changing the order from an Inpatient Court Assessment Order to a Community Court Assessment Order (or vice-versa) that was in force as the Act commenced on 1 September 2023 is taken to be a change of assessment in accordance with the Act.

A Treatment Order or Temporary Treatment Order made under the Mental Health Act 2014 will continue to operate as though it were a Treatment Order or Temporary Treatment Order made under the Act, for the period specified in the order.

However, in circumstances where a community treatment order is varied to an inpatient treatment order and the order has a period of longer than 6 months, the Mental Health Tribunal will vary the period as the Tribunal considers appropriate so that it is not more than 6 months.

Transition – leave arrangements

A leave of absence or monitored leave granted under the Mental Health Act 2014 will be taken to be a leave of absence or monitored leave granted under the Act. The leave will be subject to the same dates and conditions that were granted under the Mental Health Act 2014.

Transition – Mental Health Tribunal hearings

Any application to, or matter before, the Mental Health Tribunal before 1 September 2023 will be heard and determined under the Act. This includes matters that have been partially heard or adjourned prior to 1 September 2023.