AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 76

Return of forensic patient outside Tasmania to SMHU

(1)  This section applies to a forensic patient who is not –
(a) subject to an order of detention referred to in section 41(1A) of the Criminal Justice (Mental Impairment) Act 1999 ; or
(b) subject to a treatment order referred to in section 41(1B) of the Criminal Justice (Mental Impairment) Act 1999 .
(2)  If a magistrate is satisfied that –
(a) the patient should be in the custody of the controlling authority of an SMHU; and
(b) there are reasonable grounds to suspect that the patient has absconded from that custody and is no longer in Tasmania –
the magistrate may issue a warrant authorising the patient's arrest and his or her return to the SMHU.
(3)  A warrant under subsection (2) is not to be held void by reason of a formal defect in it.


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