New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 89

89 Reviews by Tribunal of persons awaiting transfer to mental health facility

(1) The Tribunal must conduct a limited review of the case of a person who is subject to an order for transfer to a mental health facility under this Division but who is not transferred within the period prescribed by the regulations for the purposes of this section.

(2) The Tribunal must carry out a limited review each month until the person is transferred to a mental health facility or the Tribunal or the Secretary revokes the order.

(3) On a limited review, the Tribunal may make an order as to the person's detention, care or treatment in a mental health facility or other place.

(4) For the purposes of a limited review, a report as to the person's condition and the reason for the delay in transfer is to be provided to the Tribunal by the Secretary and the Commissioner of Corrective Services.

Note : In the case of a person under the age of 18 years, the report is to be provided by the Secretary of the Department of Communities and Justice (see section 3(3)).