New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 99

99 Community treatment orders

(1) On a review under this Part or at any other time, the Tribunal may make a community treatment order in relation to--

(a) a forensic patient, or

(b) a correctional patient ordered to be transferred to a correctional centre or detention centre, or

(c) a person who is subject to an order for transfer to a mental health facility from a correctional centre or detention centre but who has not been transferred, or

(d) an inmate in a correctional centre or a detention centre.

(2) Part 3 of Chapter 3 of the Mental Health Act 2007 applies to the making of a community treatment order under this section, subject to any modifications prescribed by the regulations under that Act or under this Act.

(3) Without limiting subsection (2), the regulations may modify that Part for the purpose of consistency with the operation of the Crimes (Administration of Sentences) Act 1999 and regulations under that Act with respect to correctional patients, inmates of correctional centres or detention centres and persons subject to parole.

(4) A community treatment order made in respect of a person detained in a correctional centre, detention centre or other place continues in force if the person is released from the centre or place, subject to the terms of the order or the variation or revocation of the order.

(5) A community treatment order may be made in respect of a forensic patient who is to be released unconditionally in accordance with an order of the Tribunal.

(6) On and from the release of the forensic patient unconditionally in accordance with the order of the Tribunal, the community treatment order is taken to have been made under the Mental Health Act 2007 .