152Admission to a residential treatment facility

152 Admission to a residential treatment facility (1) A person with a disability may only be admitted to a residential treatment facility if the Secretary is satisfied that— (a) the person has an intellectual disability; and (b) the person presents a serious risk of violence to another person; and (c) all less restrictive options have been tried or considered and are not suitable; and S. 152(1)(d) amended by No. 9/2023 s. 111(1)(a). (d) the residential treatment facility can provide services for the treatment of the person with a disability and that treatment is suitable for that person having regard to the person's willingness to engage in and benefit from the treatment; and S. 152(1)(e) substituted by No. 9/2023 s. 111(1)(b). (e) the person is able to engage in the therapeutic environment at the residential treatment facility; and S. 152(1)(f) substituted by No. 9/2023 s. 111(1)(c). (f) the admission of the person to the residential treatment facility is appropriate having regard to— (i) the level of vulnerability of the person; and (ii) any risks the person presents to other residents of the residential treatment facility; and (iii) the compatibility of the person with other residents of the residential treatment facility. S. 152(1A) inserted by No. 9/2023 s. 111(2). (1A) For the purpose of making a decision under this section, the Secretary must arrange for the person to undergo an assessment. S. 152(1B) inserted by No. 9/2023 s. 111(2). (1B) A person must not be admitted to a residential treatment facility unless— (a) the Secretary has consulted and considered any advice of the Senior Practitioner about the suitability of the treatment to be provided to the person at the residential treatment facility; and (b) an order specified in subsection (2) applies to the person enabling compulsory treatment to be provided. S. 152(2) amended by No. 9/2023 s. 111(3)(a). (2) For the purposes of subsection (1B)(b), the following orders are specified— (a) a residential treatment order made under the **Sentencing Act 1991**; (b) a parole order made under the **Corrections Act 1986**; S. 152(2)(c) amended by No. 55/2014 s. 146. (c) a custodial supervision order made under section 26 or 38ZH of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**; (d) an order transferring the person from a prison under section 166; S. 152(2)(e) amended by No. 91/2009 s. 219(Sch. 3 item 1.1), repealed by No. 9/2023 s. 111(3)(b). S. 152(2)(f) inserted by No. 91/2009 s. 219(Sch. 3 item 1.2), amended by Nos 29/2011 s. 3(Sch. 1 item 28.1), 27/2018 s. 358(2). (f) a supervision order or interim supervision order within the meaning of the **Serious Offenders Act 2018**. S. 152(3) amended by Nos 91/2009 s. 219(Sch. 3 item 1.3), 9/2023 s. 111(4)(a). (3) An order specified in subsection (2)(b) or (2)(f) cannot provide for the admission of the person in respect of whom it is made to a residential treatment facility unless the Secretary has provided a statement to the relevant person or body specifying that— (a) treatment is available in the residential treatment facility; and S. 152(3)(b) amended by No. 9/2023 s. 111(4)(b). (b) the person satisfies the criteria specified in subsections (1)(a) to (1)(f); and S. 152(3)(c) amended by No. 9/2023 s. 111(4)(c). (c) admission to the residential treatment facility is appropriate in the circumstances; and S. 152(3)(d) inserted by No. 9/2023 s. 111(4)(d). (d) the Senior Practitioner has been consulted in relation to the proposed admission. S. 152(4) inserted by No. 91/2009 s. 219(Sch. 3 item 1.4). (4) In subsection (3), ***relevant person or body*** means— S. 152(4)(a) amended by No. 57/2017 s. 48(2)(a). (a) in the case of an order specified in subsection (2)(b)—the Adult Parole Board; and S. 152(4)(ab) inserted by No. 57/2017 s. 48(2)(b), repealed by No. 9/2023 s. 111(5). S. 152(4)(b) amended by No. 19/2019 s. 9. (b) in the case of an order specified in subsection (2)(f)—the Secretary to the Department of Justice and Community Safety. S. 152(5) inserted by No. 9/2023 s. 111(6). (5) Subject to subsections (6) and (7), if the Authorised Program Officer notifies the Secretary, or the Secretary otherwise becomes aware, that the matters in subsection (1) or an order specified in subsection (2) may no longer apply to a person residing at a residential treatment facility, the Secretary must not allow the person to continue to reside at a residential treatment facility unless the Secretary is satisfied— (a) of the matters in subsection (1); and (b) that an order specified in subsection (2) continues to apply to the person. S. 152(6) inserted by No. 9/2023 s. 111(6). (6) The Secretary may allow a person who is subject to an order specified in subsection (2) to continue to reside at a residential treatment facility for up to 3 months after the Secretary ceases to be satisfied of a matter in subsection (1). S. 152(7) inserted by No. 9/2023 s. 111(6). (7) The Secretary, after consulting and considering any advice of the Senior Practitioner, may allow a person who is subject to an order specified in subsection (2)(c) requiring the person to be detained at a residential treatment facility to reside at that facility until the order is varied or revoked. S. 152(8) inserted by No. 9/2023 s. 111(6). (8) The Secretary must notify the person, body or court that made the order specified in subsection (2) in relation to the person if the Secretary allows the person to continue to reside at a residential treatment facility under subsection (6). S. 152(9) inserted by No. 9/2023 s. 111(6). (9) In this section— ***admission***, in relation to a residential treatment facility, includes— (a) the readmission of a person to a residential treatment facility if an existing or a new order specified in subsection (2) applies to the person enabling compulsory treatment to be provided; and (b) any period during which the Secretary extends the person's admission to a residential treatment facility under section 152B— but does not include a period during which the Secretary allows the person to continue to reside in the residential treatment facility under subsection (6) or (7). S. 152A inserted by No. 9/2023 s. 112.