New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 102

102 Effect of unlawful absence on limiting term

(1) For the purposes of calculating whether a limiting term has expired, a period during which the person on whom the term was imposed was unlawfully absent from a mental health facility or other place in which the person was detained under this Act is not to be counted as part of the limiting term.

(2) In this section, a person is
"unlawfully absent from a mental health facility or other place" during any period commencing when an order is made for the apprehension of the person under section 109 and ending when the person is apprehended and detained under the order.

(3) The Tribunal must notify a person who is apprehended under an order made under section 109 or 111 in writing of the effect of this section and the new expiry date of the person's limiting term, if the Tribunal is notified that the person has been so apprehended.