36ARemoval of prisoners and detainees to secure mental health units

36A Removal of prisoners and detainees to secure mental health units

[Section 36A Inserted by No. 72 of 2005, s. 82, Applied:20 Feb 2006]

(1)  In this section –[Section 36A Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]

[Section 36A Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] controlling authority has the same meaning as in the Mental Health Act 2013 ;

disability means a restriction or lack of ability to perform an activity in a normal manner that –

(a) results from an absence, loss or abnormality of mental, psychological, intellectual, cognitive, physiological or anatomical structure or function; but

(b) is not a mental illness;

[Section 36A Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]

[Section 36A Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] mental illness has the same meaning as in the Mental Health Act 2013 .

(2)  The Director may direct that a prisoner or detainee who appears to be suffering from a mental illness be removed from a prison, or a hospital or institution to which he or she has been removed under section 36 , to a secure mental health unit if –

(a) either –

(i) the Director determines that it is in the best interests of the prisoner or detainee or other persons in the prison, hospital or institution for the prisoner or detainee to be removed to a secure mental health unit; or

(ii) the prisoner or detainee has requested that he or she be removed to a secure mental health unit; and