144ATransfer of custody if person admitted to secure mental

144A Transfer of custody if person admitted to secure mental (1) A person is taken to be in the custody of the director-general if the person is admitted to a secure mental health facility under— (a) the Children and Young People Act 2008, section 109 (Transfers to health facilities); or (b) the Corrections Management Act 2007, section 54 (Transfers to health facilities); or (c) part 8.2 (Transfer of correctional patients). Note See also the Children and Young People Act 2008, s 245 and the Corrections Management Act 2007, s 217. (2) However, a person admitted to a secure mental health facility is taken to be in the custody of the director-general only until the person is discharged from the facility. (3) If custody of a person is transferred to the director-general, the director-general must— (a) immediately give written notice of the transfer of custody to— (b) as soon as practicable give written notice of the transfer of custody to the following: (i) the ACAT; (ii) the public advocate;

(iii) the person; (iv) if the person has a nominated person—the nominated People Act 2008, division 1.3.2 (Parental responsibility). (4) The director-general must, as soon as practicable, give written notice of an intention to discharge a person from a secure mental health facility to the following people: (a) if the person is a detainee—the corrections director-general; (b) if the person is a young detainee—the CYP director-general. (5) A person who takes a detainee or young detainee to a secure mental health facility must give the director-general a written statement containing any of the following relevant information: (a) the nature and extent of any force, restraint, involuntary seclusion or forcible giving of medication used when, or in relation to, taking the person to the facility; (b) anything else that happened when, or in relation to, taking the person to the facility that may have an effect on the person’s physical or mental health. Examples—par (b) 1 the person was subject to threat of violence from another person (6) The director-general must— (b) keep a register of any restraint, involuntary seclusion or forcible giving of medication included in the statement; and

(c) tell the public advocate, in writing, of any restraint, involuntary statement. admitted to a secure mental health facility includes transferred to the Example A person is transferred to a secure mental health facility from another unit at the Canberra Hospital.