New South Wales Consolidated Acts

MENTAL HEALTH (FORENSIC PROVISIONS) ACT 1990

- As at 23 June 2020 
- Act 10 of 1990 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions

   PART 2 - CRIMINAL PROCEEDINGS IN THE SUPREME COURT AND DISTRICT COURT RELATING TO PERSONS AFFECTED BY MENTAL DISORDERS

   4.      Application
   5.      Person by whom question of unfitness may be raised
   6.      Basis of determination of question of unfitness
   7.      Time at which question of unfitness may be raised
   8.      Procedure where question of unfitness raised before arraignment
   9.      Procedure where question of unfitness raised after arraignment
   10.     Procedure on raising question of unfitness
   11.     Determination of question of unfitness
   11A.    (Repealed)
   12.     Conduct of inquiry
   13.     Person found fit to be tried
   13A.    Committal proceedings following finding of fit to be tried
   14.     Person found unfit to be tried
   15.     Presumptions as to findings concerning unfitness
   16.     Functions of Tribunal on referral after inquiry
   17.     Orders Court may make following determination of Tribunal that person will be fit to plead within 12 months
   18.     (Repealed)
   19.     Court to hold special hearing after advice received from Director of Public Prosecutions
   20.     Release of certain persons
   21.     Nature and conduct of special hearing
   21A.    Judge to try special hearing unless election for jury made
   21B.    Verdict of Judge
   22.     Verdicts at special hearing
   22A.    Amendment of indictment
   23.     Procedure after completion of special hearing
   24.     Consequences of nomination of limiting term
   25.     Special verdict of not guilty by reason of mental illness
   26.     Verdict of not guilty
   26A.    Reports about accused person
   27.     Orders Court may make following determination of Tribunal after limiting term is imposed
   28.     Effect on other proceedings of finding on special hearing
   29.     Action to be taken on notification that person is fit to be tried
   30.     Procedure after completion of further inquiry

   PART 3 - SUMMARY PROCEEDINGS BEFORE A MAGISTRATE RELATING TO PERSONS AFFECTED BY MENTAL DISORDERS

   31.     Application
   32.     Persons suffering from mental illness or condition or cognitive impairment
   32A.    Reports from treatment providers
   33.     Mentally ill persons
   34.     (Repealed)
   35.     Transfer from correctional centre or detention centre
   36.     Means by which Magistrate may be informed

   PART 4 - DEFENCE OF MENTAL ILLNESS

   37.     Explanation to jury
   38.     Special verdict
   38A.    Reports about accused person
   39.     Effect of finding and declaration of mental illness

   PART 5 - FORENSIC PATIENTS AND CORRECTIONAL PATIENTS

           Division 1 - Preliminary

   40.     Objects
   41.     Definitions
   42.     Forensic patients

           Division 2 - Forensic patients

              Subdivision 1 - Review of forensic patients by Tribunal

   43.     Criteria for release and matters to be considered by Tribunal
   44.     Persons found not guilty by reason of mental illness--initial review
   45.     Person found unfit to be tried--initial reviews
   46.     Further reviews by Tribunal of forensic patients
   47.     Orders and recommendations on further Tribunal reviews
   48.     Transfer of patients

              Subdivision 2 - Leave of absence

   49.     Tribunal may grant leave
   50.     Other leave of absence

              Subdivision 3 - Termination of status as forensic patient

   51.     Termination of classification as forensic patient on unconditional release
   52.     Additional circumstances for termination of classification as forensic patient
   52A.    Effect of unlawful absence on limiting term
   53.     Classification as involuntary patient
   54.     Release from mental health facility on ceasing to be a forensic patient

              Subdivision 4 - Extension of status as forensic patient

   54A.    Extension of status as forensic patient

           Division 3 - Transfers from correctional centres and correctional patients

   55.     Transfer from correctional centre by Secretary
   56.     Transfer back to correctional centre
   57.     Requests for transfer to correctional centre
   58.     Review by Tribunal of persons awaiting transfer to mental health facility
   59.     Review of persons transferred from correctional centres
   60.     Effect of detention in mental health facility on sentence and parole

           Division 4 - Correctional patients

              Subdivision 1 - Review of correctional patients

   61.     Reviews by Tribunal of correctional patients

              Subdivision 2 - Leave of absence

   62.     Commissioner of Corrective Services to grant leave
   63.     Other leave of absence

              Subdivision 3 - Termination of status as correctional patient

   64.     Termination of classification as correctional patient
   65.     Classification as involuntary patient
   66.     Release from mental health facility on ceasing to be correctional patient

           Division 5 - Community treatment orders relating to forensic patients and correctional patients

   67.     Community treatment orders

           Division 6 - Enforcement

   68.     Breach of orders for release
   68A.    Apprehension of persons not permitted to be absent from mental health facility
   69.     Apprehended person may seek reconsideration by Tribunal
   70.     Retaking of escapees
   71.     Aiding or permitting escape
   72.     Issue of warrants for apprehension of persons outside State

           Division 7 - Tribunal functions

   73.     Forensic Division to exercise functions
   74.     Matters for consideration
   74A.    Victims may make submissions to Tribunal on review of and release of, or grant of leave to, forensic patients
   74B.    Rights of victims
   75.     Conditions that may be imposed by Tribunal on release or leave of absence
   76.     Tribunal may amend or impose conditions on release or leave orders on application of victims
   76A.    Other matters relating to Tribunal functions
   76AA.   Notification of expiry of limiting term or extension order

           Division 8 - General

   76B.    Treatment, care and detention of patients
   76C.    Functions of Commissioner of Corrective Services and Secretary of Department of Justice
   76D.    Security conditions for patients
   76E.    Transfer and transport of patients
   76F.    Appeals against decisions of Secretary
   76G.    Planning for release and leave
   76H.    Person who ceases to be forensic patient or correctional patient may become voluntary patient
   76HA.   Forensic patients and correctional patients in the community may be detained and treated under Mental Health Act 2007
   76I.    Grants of leave do not affect sentences or limiting terms
   76J.    Exchange of information
   76K.    Duties of certain agencies

   PART 5A - VICTIMS REGISTER

   76L.    Victims Register
   76M.    Notification to victims of reviews and other matters

   PART 6 - MISCELLANEOUS

   77.     Regulations
   77A.    Appeals against Tribunal decisions
   77B.    Proceedings for offences
   77C.    Orders for transfer of forensic patients
   77D.    Delegation
   78.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3