Key messages

  • Existing orders and procedures under the Mental Health Act 1986 will transition to equivalent provisions in the Mental Health Act 2014.
  • Transition arrangements are set out for compulsory patients, security and forensic patients
  • Transition arrangements are set out for leave arrangements, Mental Health Review Board and Mental Health Tribunal hearings, ECT, restraint and seclusion.

Existing orders and procedures under the Mental Health Act 1986 will transition to equivalent provisions in the Mental Health Act 2014.

Transition of orders – compulsory patients

On 1 July 2014:

  • a person who is subject to a Request and Recommendation will transition to an Inpatient Assessment Order. The duration of the Assessment Order is 24 hours if the person is in a designated mental health service or 72 hours if the person has not yet been received at a designated mental health service
  • a person who is subject to an Authority to Transport will transition to an Inpatient Assessment Order. The duration of the Assessment Order is 24 hours if the person is in a designated mental health service or 72 hours if the person has not yet been received at a designated mental health service

Involuntary Treatment Orders

  • a person who is subject to an Involuntary Treatment Order that has not been confirmed by an authorised psychiatrist will transition to an Inpatient Assessment Order. The duration of the Assessment Order is 24 hours if the person is in a designated mental health service or 72 hours if the person has not yet been received at a designated mental health service
  • a person who is subject to an Involuntary Treatment Order who has not yet had an initial Mental Health Review Board hearing will transition to a Inpatient Temporary Treatment Order that will expire in 28 days
  • a person who is subject to an Involuntary Treatment Order whose most recent Mental Health Review Board (MHRB) hearing was held:
    • on or after 1 January 2014 will transition to an Inpatient Treatment Order that will expire 6 months and 2 weeks after the last MHRB hearing date
    • before 1 January 2014 will transition to an Inpatient Treatment Order that will expire 12 months and 2 weeks after the last MHRB hearing date
  • a person who is subject to an Involuntary Treatment Order who is aged under 18 will transition to an Inpatient Treatment Order that will expire in 28 days

Community Treatment Orders

  • a person who is subject to a Community Treatment Order who has not yet had an initial Mental Health Review Board hearing will transition to a Community Temporary Treatment Order that will expire in 28 days
  • a person who is subject to a Community Treatment Order who has had an initial Mental Health Review Board hearing will transition to a Community Treatment Order that will expire two weeks after the expiry date of the existing community treatment order.

Transition of orders – mentally ill offenders

On 1 July 2014:

  • a person subject to a Restricted Involuntary Treatment Order (RITO) will transition to an Inpatient Treatment Order that will expire in 6 months, or 3 months if the person is under 18 years of age
  • a person subject to a Restricted Community Treatment Order (RCTO) who has not had the RCTO reviewed by the Mental Health Review Board will transition to a Community Temporary Treatment Order that will expire in 28 days
  • a person subject to a Restricted Community Treatment Order (RCTO) who has had the RCTO reviewed by the Mental Health Review Board will transition to a Community Treatment Order that will expire either on:
    • 1 July 2015; or
    • two weeks after the expiry date of the underlying Restricted Involuntary Treatment Order (RITO) (whichever comes first)
  • a person subject to a Hospital Security Order will transition to a Court Secure Treatment Order. The Court Secure Treatment Order will expire on the date that the Hospital Security Order would have expired. The Mental Health Tribunal must review the Court Secure Treatment Order within 28 days.
  • a person subject to a Restricted Hospital Transfer Order (s.16(3)(b)) will transition to a Secure Treatment Order. The Mental Health Tribunal must review the Secure Treatment Order:
    • within 28 days ( or 28 days of receipt at the approved mental health service if not detained there on 1 July 2014) if an initial Mental Health Review Board (MHRB) review of the existing order has not yet been held; or
    • before 1 January 2015 if the existing order has been reviewed by the MHRB

Transition – leave arrangements

On 1 July 2014:

  • leave granted before 1 July 2014 will be taken to be a leave of absence granted under the Mental Health Act 2014. The leave will be subject to the same dates and conditions that were granted under the Mental Health Act 1986
  • apprehension of any patient who is absent without leave will be in accordance with section 352 of the Mental Health Act 2014
  • an involuntary patient under the Mental Health Act 1986 who has been absent without leave for a continuous period of less than 12 months will transition to an Inpatient Treatment Order that will expire at the end of six months
  • an application for leave of absence or special leave of absence for a security patient that has not yet been determined will transition to an application for monitored leave or leave of absence respectively under the Mental Health Act 2014.

Transition – Mental Health Review Board/Mental Health Tribunal hearings

As of 1 July 2014, all matters before the Mental Health Tribunal will be determined under the Mental Health Act 2014. This includes matters that have been partially heard or adjourned by the Mental Health Review Board prior to 1 July 2014.

Transition – restraint and seclusion

Restraint or seclusion authorised prior to 1 July 2014 will be taken to be restraint or seclusion authorised under the Mental Health Act 2014 respectively.

Transition – electroconvulsive treatment

A course of electroconvulsive treatment (ECT) authorised or consented to before 1 July 2014 will be completed in accordance with sections 72 and 73 of the Mental Health Act 1986.