New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 77

77 Extension of mandatory review period

(1) The period within which the following reviews must be held may, on the motion of the Tribunal or on the application of the forensic patient or correctional patient or a designated carer or the principal care provider of the patient, be extended by the Tribunal to a maximum of 12 months-

(a) a mandatory review of a forensic patient under section 78(d), (e), (f) or (g),

(b) a mandatory review of a correctional patient under section 91(b),

(c) a review under section 100 of a person in custody who is subject to a community treatment order.

(2) The Tribunal may grant an application to extend the review period if it is satisfied that-

(a) there are reasonable grounds to grant the application, or

(b) an earlier review is not required because-

(i) there has been no change since the last review in the patient’s condition and there is no apparent need for any change in existing orders relating to the patient, or

(ii) there has been no change since the last review in the patient’s condition and an earlier review may be detrimental to the condition of the patient.

(3) This section does not apply to the first review of a forensic patient or to a review of a forensic patient who is subject to an extension order.