Mental Health Act 2016
sec.142Admission to high security unit—stay of order
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sec.142 Admission to high security unit—stay of order
This section applies if— the Mental Health Court makes a forensic order for a person; and under the order, the person is to be detained in a high security unit; and the chief psychiatrist asks the court to stay the order for a period of not more than 7 days to enable the high security unit to make a physical place available for the person. The court may stay the order for the period requested by the chief psychiatrist. However, if the court is satisfied the person needs urgent treatment and care in the high security unit, the court may— refuse to stay the order; or stay the order for a shorter period than requested. If the court stays the order and the person is being held in custody, the person must remain in custody until the person is admitted to the high security unit. (sec.142-ssec.1) This section applies if— the Mental Health Court makes a forensic order for a person; and under the order, the person is to be detained in a high security unit; and the chief psychiatrist asks the court to stay the order for a period of not more than 7 days to enable the high security unit to make a physical place available for the person. (sec.142-ssec.2) The court may stay the order for the period requested by the chief psychiatrist. (sec.142-ssec.3) However, if the court is satisfied the person needs urgent treatment and care in the high security unit, the court may— refuse to stay the order; or stay the order for a shorter period than requested. (sec.142-ssec.4) If the court stays the order and the person is being held in custody, the person must remain in custody until the person is admitted to the high security unit.
- (a) the Mental Health Court makes a forensic order for a person; and
- (b) under the order, the person is to be detained in a high security unit; and
- (c) the chief psychiatrist asks the court to stay the order for a period of not more than 7 days to enable the high security unit to make a physical place available for the person.
- (a) refuse to stay the order; or
- (b) stay the order for a shorter period than requested.