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MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020
- As at 19 February 2024
- Act 12 of 2020
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Mental health impairment
5. Cognitive impairment
6. References to juries and matters determined by a judge alone
PART 2 - SUMMARY PROCEEDINGS
Division 1 - Preliminary
7. Interpretation
8. Application of Part
9. Magistrate may make order at any time
10. Means by which Magistrate may be informed
11. Magistrate to state reasons for decisions
Division 2 - Defendants with mental health impairments or cognitive impairments
12. Defendants with mental health impairments or cognitive impairments
13. Adjournment of proceedings
14. Orders Magistrate may make
15. Considerations of Magistrate when making order
16. Failure of defendant to comply with condition of order
17. Reports from treatment providers
Division 3 - Mentally ill or mentally disordered persons
18. Mentally ill or mentally disordered persons
19. Orders Magistrate may make
20. Community treatment orders
21. Proceedings before authorised justice
22. Orders may relate to transfer of defendants by certain persons
23. Dismissal of charges
24. Bail
Division 4 - General
25. Transfer from correctional centre or detention centre
26. Regulations
PART 3 - DEFENCE OF MENTAL HEALTH IMPAIRMENT OR COGNITIVE IMPAIRMENT
27. Application of Part
28. Defence of mental health impairment or cognitive impairment
29. Explanation to jury
30. Effect of finding of act proven but not criminally responsible because of mental health impairment or cognitive impairment
31. Special verdict where defendant and prosecutor agree on impairment
32. Special verdict not available for alternative offence
33. Effect of special verdict
34. Referral of defendant to Tribunal
PART 4 - FITNESS TO STAND TRIAL
Division 1 - Preliminary
35. Application of Part
36. Fitness test
37. When question of unfitness may be raised
38. Question of unfitness to be determined on balance of probabilities
39. Court and other persons may raise question of unfitness
Division 2 - Procedure when question of unfitness to be tried raised
40. Procedure where question of unfitness raised before arraignment
41. Procedure where question of unfitness raised after arraignment
42. When an inquiry is required or may not be held
43. Actions pending inquiry
44. Inquiry procedures
45. Presumptions as to findings about unfitness
46. Finding after inquiry that defendant is fit to be tried
47. Finding after inquiry that defendant is unfit to be tried
48. Finding after inquiry that defendant will not become fit to be tried within 12 months
49. Tribunal review and court orders after finding that defendant may be fit to be tried within 12 months
50. Finding by Tribunal that defendant is fit to be tried
51. Finding by Tribunal that defendant will not become fit to be tried within 12 months
52. Committal proceedings following finding of fit to be tried
53. Advice as to whether further proceedings are to be taken
Division 3 - Special hearings
54. Nature of special hearings
55. When special hearings are held
56. Procedure for special hearings
57. Amendment of indictment
58. Juries at special hearings
59. Verdicts at special hearings
60. Verdict of not guilty
61. Special verdict of act proven but not criminally responsible because of mental health impairment or cognitive impairment
62. Verdict of offence committed on limited evidence available
63. Penalties after finding of guilt
64. Commencement of limiting terms
65. Referral to Tribunal after limiting term imposed
66. Reports about defendant
67. Referral of defendant to Tribunal following special verdict
68. Effect of finding that offence was committed on other proceedings for the offence
PART 5 - FORENSIC PATIENTS AND CORRECTIONAL PATIENTS
Division 1 - General principles and concepts
69. Objects
70. Treatment, care and detention of patients
71. Application of provisions of Mental Health Act 2007 to forensic patients and correctional patients
72. Forensic patients
73. Correctional patients
74. Role of objects and principles provisions
Division 2 - General provisions relating to reviews by Tribunal
75. Matters Tribunal must consider that apply to all orders
76. Unlawful absence from mental health facility or other place
77. Extension of mandatory review period
Division 3 - Reviews of forensic patients by Tribunal
78. Mandatory reviews of forensic patients
79. Tribunal may review patient at any time
80. Reviews of persons found unfit to be tried for an offence
81. Orders that may be made on reviews generally
82. Orders for transfer of forensic patients
83. Orders for release of forensic patients
84. Matters that Tribunal must consider when determining whether to release a forensic patient
85. Conditions that may be imposed by Tribunal on release of forensic patients
Division 4 - Transfer of correctional patients, forensic patients and other persons in custody
86. Transfer from correctional centre or detention centre by Secretary
87. Transfer back to correctional centre or detention centre
88. Requests for transfer to correctional centre or detention centre
89. Reviews by Tribunal of persons awaiting transfer to mental health facility
90. Reviews of patients transferred under this Division
Division 5 - Reviews of correctional patients
91. Mandatory reviews of correctional patients
92. Periodic and other reviews of correctional patients
93. Tribunal may review patient at any time
Division 6 - Leave of absence
94. Tribunal may grant leave for forensic patients
95. Commissioner of Corrective Services may grant leave for correctional patients
96. Leave for forensic patients and correctional patients in emergencies or special circumstances
97. Appeals against decisions of Secretary
98. Grants of leave do not affect sentences or limiting terms
Division 7 - Community treatment orders
99. Community treatment orders
100. Reviews of persons in custody who are subject to community treatment orders
Division 8 - Termination of status as patient and other status changes
101. Termination of status as forensic patient
102. Effect of unlawful absence on limiting term
103. Extension of status as forensic patient
104. Termination of status as correctional patient
105. Classification of patients as involuntary patients
106. Limits on classification of forensic patients
107. Release from detention on ceasing to be a forensic patient or correctional patient
108. Person who ceases to be forensic patient or correctional patient may become voluntary patient
Division 9 - Enforcement
109. Breach of orders for release
110. Execution of apprehension orders
111. Apprehension of persons not permitted to be absent from mental health facility
112. Apprehended person may seek reconsideration by Tribunal
113. Aiding or permitting escape
114. Issue of warrants for apprehension of persons outside State and other persons
Division 10 - Miscellaneous
115. Transfer and transport of patients
116. Effect of detention in mental health facility on sentence and parole
117. Security conditions for patients
118. Planning for release and leave
119. Retaking of escapees
120. Forensic patients and correctional patients in the community may be detained and treated under Mental Health Act 2007
PART 6 - EXTENSION OF STATUS AS FORENSIC PATIENT
Division 1 - Extension orders
121. Extension orders for forensic patients
122. Forensic patients in respect of whom extension orders may be made
Division 2 - Application for extension orders
123. Minister may apply for extension order
124. Application for extension order
125. Requirements with respect to application
126. Pre-hearing procedures
Division 3 - Determination of applications
127. Determination of application for extension orders
128. Term of extension orders
129. Continuation of orders relating to forensic patients
Division 4 - Interim extension orders
130. Interim extension orders
131. Term of interim extension orders
132. Interim extension orders to continue in force for 24 hours in certain circumstances
Division 5 - Extension orders or interim extension orders may be varied or revoked
133. Extension order or interim extension order may be varied or revoked
Division 6 - Supreme Court proceedings
134. Nature of proceedings
135. Right of appeal
136. Costs not to be awarded against forensic patient
137. Preservation of Supreme Court jurisdiction
Division 7 - Miscellaneous
138. Minister may require provision of certain information
139. Information sharing
140. Protection of certain persons from liability
141. Hearings
142. Bail Act 2013 not to apply
143. Rules of court
144. Qualification of psychiatrists
PART 7 - TRIBUNAL PROCEEDINGS
Division 1 - Provisions relating to proceedings
145. Victims and reviews by Tribunal
146. Tribunal may amend or impose conditions on release or leave orders on application of victims
147. General matters relating to Tribunal functions
148. Forensic Division to exercise functions
Division 2 - Appeals
149. References to matters of law
150. Appeals against Tribunal determinations generally
151. Appeals against release decisions
152. Making of appeals
153. Decisions on appeal
154. Rehearings by Tribunal
155. Tribunal not liable for costs
PART 8 - VICTIMS REGISTER
156. Victims Register
157. Notification to victims of reviews and other matters
PART 9 - MISCELLANEOUS
158. Notification of expiry of limiting term or extension order
159. Duties of certain agencies
160. Tribunal to be notified if charges dismissed or proceedings end
161. Exchange of information
162. Functions of Commissioner of Corrective Services and Secretary of Department of Communities and Justice
163. Proceedings for offences
164. Delegation
165. Orders for transfer of forensic patients
166. Regulations
167. (Repealed)
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
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