New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 100A

100A Transfer of patients back to prison

(1) A forensic patient transferred from a prison to a hospital must be transferred back to a prison not later than 7 days after the patient is transferred from the prison, unless the Chief Health Officer or an authorised person is of the opinion:

(a) that the patient is a mentally ill person or the patient is suffering from a mental condition for which treatment is available in a hospital, and

(b) that other care of an appropriate kind would not be reasonably available to the patient in prison.

(2) The Chief Health Officer or an authorised person may, at any time, transfer a forensic patient transferred from a prison to a hospital back to a prison if of the opinion:

(a) that the patient has ceased to be a mentally ill person or to be suffering from a mental condition for which treatment is available in a hospital, or

(b) that other care of an appropriate kind would be reasonably available to the patient in prison.

(3) Nothing in this section affects the powers of the Tribunal under this Act to review and make recommendations in respect of a patient transferred to a hospital from a prison.

(4) In this section:
"authorised person" means a person authorised by the Chief Health Officer for the purposes of this section.