AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 69

Period of detention

A forensic patient may be detained in an SMHU until –
(a) if the patient is subject to a restriction order, the order is discharged; or
(b) if the patient is subject to a supervision order, the end of the period allowed under section 31(6) , (7) or (8) of the Criminal Justice (Mental Impairment) Act 1999 ; or
(c) if the patient is subject to an order referred to in section 68(1)(c) , (d) , (e) , (f) , (g) or (h) , the order ends under its own terms or under the provisions of any Act; or
(d) if the patient is a prisoner admitted to the SMHU pursuant to a direction referred to in section 68(1)(i) , whichever of the following events first occurs:
(i) the end of the period specified in the direction or in an agreement made under section 36A(6) of the Corrections Act 1997 ;
(ii) the end of the 48-hour period immediately after the Chief Psychiatrist requires the Director to remove the patient from the SMHU under section 36A(7) of the Corrections Act 1997 ;
(iii) the end of the 48-hour period immediately after the Chief Psychiatrist decides under section 70 that it would be appropriate for the patient to be returned to the custody of the Director;
(iv) the patient is released from prison on parole under the Corrections Act 1997 ;
(v) if the patient is a detainee within the meaning of the Corrections Act 1997 , the order remanding or otherwise committing the patient to prison ends;
(vi) the patient completes his or her sentence of imprisonment; or
(e) if the patient is a youth detainee admitted to the SMHU pursuant to a direction referred to in section 68(1)(j) , whichever of the following events first occurs:
(i) the end of the period specified in the direction;
(ii) the end of the 48-hour period immediately after the Chief Psychiatrist requires the Secretary (Youth Justice) to remove the patient from the SMHU under section 134A(5) of the Youth Justice Act 1997 ;
(iii) the end of the 48-hour period immediately after the Chief Psychiatrist decides under section 70 that it would be appropriate for the patient to be returned to the custody of the Secretary (Youth Justice);
(iv) the patient is released from detention on a supervised release order under the Youth Justice Act 1997 ;
(v) if the patient has not been sentenced for the offence in respect of which he or she is being detained in custody, the order remanding or otherwise committing him or her to a detention centre ends;
(vi) the patient completes his or her sentence of imprisonment.



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