New South Wales Consolidated Acts

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MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 107

Release from detention on ceasing to be a forensic patient or correctional patient

107 Release from detention on ceasing to be a forensic patient or correctional patient

(1) A person who ceases to be a forensic patient must be discharged from the mental health facility, correctional centre, detention centre or other place in which the person is detained.
(2) A person who ceases to be a correctional patient must be discharged from the mental health facility in which the person is detained.
(3) A person must not be discharged from a mental health facility under this section if the person is classified as an involuntary patient.
(4) A person who is detained in a correctional centre or detention centre must not be discharged from the centre under this section if--
(a) the person has ceased to be a forensic patient because the person has been found fit to be tried for an offence, or
(b) the person is required to continue to be detained for any other lawful reason.



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