New South Wales Repealed Acts

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This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 96

Requests for transfer to prison

96 Requests for transfer to prison

(1) A forensic patient who is detained in a hospital may, at any time, request the Tribunal to make a recommendation to the prescribed authority for an order that the patient be transferred to a prison.
(2) The Tribunal, after considering any such request, may make the recommendation requested by the forensic patient or may refuse to make that recommendation.
(2A) The Tribunal must make the recommendation if it is satisfied that the person is not a mentally ill person.
(3) If the Tribunal makes a recommendation under this section at the request of a forensic patient, the prescribed authority may, subject to the regulations, make an order for the patient's transfer to a prison.



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