New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 106

106 Limits on classification of forensic patients

(1) The Tribunal may only classify a forensic patient who is subject to a limiting term or an extension order as an involuntary patient if--

(a) each Minister entitled to apply for an extension of the patient's forensic status has notified the Tribunal that an application for an extension is not proposed to be made, or

(b) the Supreme Court has dismissed an application under Part 6 for extension of the patient's forensic status.

(2) The Tribunal may ask a Minister to provide advice about whether the Minister proposes to make an application under Part 6.

(3) A Minister entitled to make an application under Part 6 for extension of a patient's forensic status is to notify the Tribunal as soon as practicable of a decision to apply for, or not to apply for, the extension.