Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
47Certificate of available services
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47 Certificate of available services
S. 47(1) amended by No. 23/2006 s. 237(2), substituted by No. 29/2010 s. 29(1), amended by No. 15/2015 s. 37(16)(a).
(1) A court must request the Secretary to the Department of Health and Human Services to provide the court with a certificate of available services if the court is considering—
(a) imposing a supervision order on a person—
S. 47(1)(a)(i) amended by Nos 15/2015 s. 37(16)(b)(i), 19/2019 s. 244(1).
(i) committing a person to custody in a designated mental health service or a residential treatment facility; or
S. 47(1)(a)(ii) amended by Nos 15/2015 s. 37
(16)(a)(b)(ii), 19/2019 s. 244(1), 39/2022 s. 817.
(ii) providing for a person to receive services in a designated mental health service or a residential treatment facility or from a disability services provider, a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022 or the Secretary to the Department of Health and Human Services; or
S. 47(1)(ab) inserted by No. 55/2014 s. 128(1).
(ab) imposing a supervision order on a child—
(i) committing the child to custody in a youth justice centre or a youth residential centre; or
S. 47(1)(ab)(ii) amended by Nos 15/2015 s. 37(16)(a)(c), 39/2022 s. 817.
(ii) providing for the child to receive services in a youth justice centre or a youth residential centre or from a disability services provider, a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022 or the Secretary to the Department of Health and Human Services; or
(b) making another order under this Act—
S. 47(1)(b)(i) amended by Nos 15/2015 s. 37(16)(d), 19/2019 s. 144(2).
(i) that a person be placed in custody in a designated mental health service or a residential treatment facility; or
S. 47(1)(b)(ii) amended by Nos 55/2014 s. 128(2)(a), 15/2015 s. 37(16)(a)(e), 19/2019 s. 144(3), 39/2022 s. 817.
(ii) that a person otherwise receive treatment or services in a designated mental health service, a residential treatment facility or from a disability services provider, a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022 or the Secretary to the Department of Health and Human Services; or
S. 47(1)(b)(iii) inserted by No. 55/2014 s. 128(2)(b).
(iii) that a child be placed in custody in a youth justice centre or a youth residential centre.