New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 82

82 Tribunal to review cases of forensic patients

(1) The Tribunal may, at any time, and must, at least once every 6 months, review the case of each forensic patient and make a recommendation to the Minister:

(a) as to the patient's continued detention, care or treatment in a hospital, prison or other place, or

(b) in the case of a patient subject to a determination that the patient is unfit to be tried for an offence, as to the fitness of the patient to be tried for an offence, or

(c) as to the patient's release (either unconditionally or subject to conditions).

(2) The Tribunal must review the case of a forensic patient and make a recommendation to the Minister under this section if requested to do so by the Minister, the Attorney General, the Minister for Corrective Services, the Chief Health Officer or a medical superintendent.

(3) If, in the case of a forensic patient subject to a determination that the patient is unfit to be tried for an offence, the Tribunal is, for the purpose of making a recommendation under this section, of the opinion that the patient has become fit to be tried for an offence, it must notify the Director of Public Prosecutions and the court that made the finding of unfitness.

(3A) The Tribunal must notify the Court and the Director of Public Prosecutions if, for the purpose of making a recommendation under this section in relation to a forensic patient subject to a determination that the patient is unfit to be tried for an offence, the Tribunal forms the opinion that the patient:

(a) has not become fit to be tried for an offence, and

(b) will not, during the period of 12 months after the finding of unfitness by the court, become fit to be tried for the offence.

(4) The Tribunal may not recommend the release of a forensic patient unless it is satisfied, on the evidence available to it, that the safety of the patient or any member of the public will not be seriously endangered by the person's release.

(5) The Tribunal may not recommend the release of a forensic patient who:

(a) is remanded in custody under section 10 (3) (c) of the Mental Health (Criminal Procedure) Act 1990 pending an inquiry into the question of the person's unfitness to be tried for an offence, or

(b) has been transferred to a hospital while serving a sentence of imprisonment and has not served the term of the sentence or, if a non-parole period has been set in relation to the sentence, the non-parole period.