43ADefinitions

43A Definitions appropriate person means: (a) in relation to an accused person or supervised person who is detained or in custody in, or receives treatment, services or assistance in, at or from, an approved treatment facility or an approved temporary treatment facility within the meaning of the Mental Health and Related Services Act 1998 – the CEO (Health); (b) in relation to an accused person or supervised person who is detained or in custody in, or receives treatment, services or assistance in, at or from, a prescribed person, organisation or facility or a person, organisation or facility who or which is a member of a class of prescribed persons, organisations or facilities – the CEO (Health); (c) in relation to a person who is a represented adult as defined in section 3 of the Guardianship of Adults Act 2016 – the CEO (Health); or (d) in relation to a person who is held in custody in a custodial correctional facility or is under the supervision of a probation and parole officer under the Parole Act 1971 – the chief executive officer of the Agency administering that Act. CEO (Health) means the chief executive officer of the Agency administering the Medical Services Act 1982. chief executive officer has the same meaning as in the Public Sector Employment and Management Act 1993. committal proceedings means proceedings to determine whether or not to commit a person to trial under Part V of the Local Court (Criminal Procedure) Act 1928. court means the Supreme Court. custodial supervision order means a supervision order referred to in section 43ZA(1)(a).

Criminal Code Act 1983 56 expert means a person who holds a qualification or has experience or expertise that is relevant to the mental impairment, condition or disability of an accused person or a supervised person. investigation means an investigation into the fitness of an accused person to stand trial conducted under Division 3. mental illness means an underlying pathological infirmity of the mind, whether of long or short duration and whether permanent or temporary, but does not include a condition that results from the reaction of a healthy mind to extraordinary stimuli (although such a condition may be evidence of a mental illness if it involves some abnormality and is prone to recur). mental impairment includes senility, intellectual disability, mental illness, brain damage and involuntary intoxication. next of kin, in relation to a person, means the person's parent, spouse or de facto partner, sibling or child or any other person who is the person's primary carer. non-custodial supervision order means a supervision order referred to in section 43ZA(1)(b). special hearing means a hearing conducted under Division 4. supervised person means a person who is the subject of a supervision order. supervision order means a custodial supervision order or a non-custodial supervision order made by a court under Division 5. victim means a person who suffered injury, loss or damage as a direct result of an offence or conduct that would, but for the mental impairment or unfitness to be tried of the person who carried out the conduct, have constituted an offence.