New South Wales Consolidated Acts
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MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 87
Transfer back to correctional centre or detention centre
(1) This section applies to a person transferred from a correctional centre or
detention centre to a mental health facility under a provision of this
Division.
(2) The person must be transferred back to the correctional centre
or detention centre within 7 days unless the Secretary is of the opinion
that-- (a) the person is a mentally ill person or has a
mental health impairment or other condition for which treatment is available
in a mental health facility, and
(b) other care of an appropriate kind would
not be reasonably available to the person in the correctional centre or
detention centre.
(3) The person may be transferred back to the
correctional centre or detention centre at any time if the Secretary is of the
opinion that-- (a) the person has ceased to be a mentally ill person or to
have a mental health impairment or other condition for which treatment is
available in a mental health facility, or
(b) other care of an appropriate
kind would be reasonably available to the person in a correctional centre or
detention centre.
(4) Nothing in this section affects the powers of the
Tribunal in respect of a person transferred to a mental health facility from a
correctional centre or detention centre.
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