New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 86

86 Review of persons transferred from prisons

(1) The Tribunal must, as soon as practicable after a person is transferred to a hospital under section 97 or 98:

(a) review the case of the person, and

(b) make a recommendation to the prescribed authority as to the person's continued detention, care or treatment in the hospital.

(2) The Tribunal, or any member of the Tribunal on behalf of the Tribunal, must, in respect of:

(a) a person whose trial for an offence has not been completed, and

(b) a person who is subject to a finding that the person is unfit to be tried for an offence and in respect of whom a special hearing under section 19 of the Mental Health (Criminal Procedure) Act 1990 has not been conducted,

in addition to the review of the case of the person under this section, informally review the person's case each month in order to determine whether the legal proceedings pending in respect of the person are delayed and, in the event of any delay, to take such action as the Tribunal or member thinks fit.

(3) If a person is transferred from a prison to a hospital under section 97 or 98, the Tribunal may, at any time, make a recommendation to the prescribed authority that the person be transferred to a prison.

(4) If a recommendation is made under this section to the prescribed authority in respect of a person, the prescribed authority may, subject to the regulations, make an order for the person's detention, care or treatment in the place (being a hospital, prison or other place) and in the manner specified in the order.