New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 81

81 Tribunal to review cases of persons found not guilty by reason of mental illness

(1) This section applies:

(a) to a person found, after a special hearing by a court, to be not guilty of an offence by reason of mental illness and ordered (under the Mental Health (Criminal Procedure) Act 1990 ) to be detained in a hospital or other place, and

(b) to a person found, after a trial by a court or on an appeal, to be not guilty by reason of mental illness and ordered:

(i) under section 39 of the Mental Health (Criminal Procedure) Act 1990 , or

(ii) under section 7 (4) of the Criminal Appeal Act 1912 (including that subsection as applied by section 5AA (5) of that Act),

to be detained in a hospital or other place or to be released from custody subject to conditions.

(2) The Tribunal must, as soon as practicable after the making of any such order, review the person's case and, as soon as practicable after the review, make a recommendation to the Minister:

(a) as to the person's detention, care or treatment, or

(b) if the Tribunal is satisfied, on the evidence available to it, that the safety of the person or any member of the public will not be seriously endangered by the person's release, as to the person's release (either unconditionally or subject to conditions).