Mental Health Act 2016

An application for a justices examination order made under the repealed Act but not decided before the commencement may be heard, or continue to be heard, and dealt with under that Act as if it had not been repealed.

A justices examination order in force under the repealed Act immediately before the commencement continues in force for the period it would have been in force under that Act.

For the purposes of a justices examination order made because of the application of subsection (1) or mentioned in subsection (2), the repealed Act, chapter 2, part 3, division 2 continues to apply as if the new Act had not commenced.

On examination of a person under the repealed Act as applied under subsection (3), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.

The recommendation for assessment is a recommendation for assessment made under the new Act, section 39.