New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 84

84 Matters that Tribunal must consider when determining whether to release a forensic patient

(1) General matters for consideration The Tribunal must not make an order for the release (including the conditional release) of a forensic patient unless it has considered the following matters-

(a) whether or not other care of a less restrictive kind, that is consistent with safe and effective care, is appropriate and reasonably available to the patient or that the patient does not require care,

(b) a report by a forensic psychiatrist or other person of a class prescribed by the regulations, who is not currently involved in treating the patient, as to the condition of the patient and whether the safety of the patient or any member of the public will be seriously endangered by the patient’s release,

(c) in the case of the proposed release of a forensic patient subject to a limiting term, whether or not the patient has spent sufficient time in custody.

Note : The Tribunal is also required to consider the matters set out in section 75.

(2) Tribunal must be satisfied patient or public safety not seriously endangered The Tribunal must not make an order for the release (including the conditional release) of a forensic patient unless it is satisfied that the safety of the patient or any member of the public will not be seriously endangered by the patient’s release.