New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 3

3 Definitions

(1) In this Act--

"cognitive impairment" --see section 5.

"Commissioner of Victims Rights" means the Commissioner of Victims Rights established under the Victims Rights and Support Act 2013 .

"correctional centre" has the same meaning as in the Crimes (Administration of Sentences) Act 1999 .

"correctional patient" --see section 73.

"defence of mental health impairment or cognitive impairment" means the defence established under section 28(1).

"defendant" includes an accused person and a person about whom a finding has been made at a special hearing.

"detention centre" has the same meaning as in the Children (Detention Centres) Act 1987 .

"extension order" means an order for the extension of a person's status as a forensic patient under section 121.

"Forensic Division" of the Tribunal means the Forensic Division of the Tribunal established under Division 1 of Part 7.

"forensic patient" --see section 72.

"high risk offender detention order" means a continuing detention order or an interim detention order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017 .

"inmate" has the same meaning as in the Crimes (Administration of Sentences) Act 1999 .

"inquiry" means an inquiry conducted under Division 2 of Part 4 in order to determine whether a person is unfit to be tried for an offence.

"interim extension order" means an order for the interim extension of a person's status as a forensic patient under section 130.

"limiting term" means a term nominated for a person under Division 3 of Part 4.

"Magistrate" means a Magistrate or a Children's Magistrate.

"mental health impairment" --see section 4.

"registered victim" means a victim registered on the Victims Register.

"Secretary" means the Secretary of the Ministry of Health.

"special hearing" --see section 54.

"special verdict of act proven but not criminally responsible" means a special verdict of act proven but not criminally responsible entered at a trial or following a special hearing if the defence of mental health impairment or cognitive impairment is established.

"Tribunal" means the Mental Health Review Tribunal constituted under the Mental Health Act 2007 .

"victim" of a forensic patient means a primary victim, or a family victim, of an act of violence (within the meaning of the Victims Rights and Support Act 2013 ) committed by the forensic patient.

"Victims Register" means the Register established under Part 8.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Words and expressions used in this Act have the same meanings as in the Mental Health Act 2007 .

(3) For the purposes of the application of this Act to a person detained in, or transferred to or from, a detention centre--

(a) a reference to the Commissioner of Corrective Services is taken to be a reference to the Secretary of the Department of Communities and Justice, and

(b) a reference to a sentence of imprisonment is taken to include a reference to a term of detention under a detention order within the meaning of the Children (Detention Centres) Act 1987 .

(4) Notes included in this Act do not form part of this Act.