New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 117

117 Security conditions for patients

(1) A forensic patient who is detained in a mental health facility or other place (other than a correctional centre or detention centre) or is absent in accordance with this Part is to be subject to any security conditions that the Secretary considers necessary.

(2) A forensic patient who is detained in a correctional centre or detention centre or in a part of a correctional centre or detention centre that is a mental health facility, or a correctional patient who is detained in a mental health facility or other place or is absent in accordance with this Part, is to be subject to security conditions in accordance with relevant legislation and with any protocol agreed between the Secretary and the Commissioner of Corrective Services or the Secretary of the Department of Communities and Justice (as the case requires).

(3) To avoid doubt, for the purposes of subsection (2)--

(a) a part of a correctional centre that is a mental health facility is taken to be a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 and a forensic patient or correctional patient who is detained in that facility is taken to be an inmate within the meaning of that Act and that Act and the regulations under that Act, apply to the patient, subject to any modifications and to the extent specified by the regulations, and

(b) a part of a detention centre that is a mental health facility is taken to be a detention centre within the meaning of the Children (Detention Centres) Act 1987 and a forensic patient or correctional patient who is detained in that facility is taken to be an inmate within the meaning of that Act and that Act and the regulations under that Act, apply to the patient, subject to any modifications and to the extent specified by the regulations.