141Review of correctional patient transferred to mental

141 Review of correctional patient transferred to mental (1) This section applies to a correctional patient who has been transferred to an approved mental health facility under a transfer direction. (2) The ACAT must review the transfer direction as soon as practicable after the correctional patient has been transferred.

(3) On review, the ACAT— (a) must determine— (i) whether the person has a mental illness for which treatment, care or support is available in an approved mental health facility; and (ii) whether the approved mental health facility has capacity to continue the detention and treatment, care or support under the transfer direction; and (iii) whether other treatment, care or support of an appropriate kind would not be reasonably available to the person in the correctional centre or detention place; and (b) may, as it considers appropriate, make an order in relation to the person’s continued detention or treatment, care or support in an approved mental health facility.