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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
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Turn the raw legal text into a practical explanation grounded in Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
86 Transfer from correctional centre or detention centre by Secretary
(1) The Secretary may, by order in writing, direct that a person imprisoned in, or a forensic patient detained in, a correctional centre or detention centre be transferred to a mental health facility.
(2) The Secretary may make a transfer order on the basis of 2 certificates about the person’s condition issued by 2 medical practitioners, 1 of whom is a psychiatrist.
(3) The certificates are to be in the form set out in Schedule 1.
(4) A transfer order may be made without the person’s consent if it appears to the Secretary, on the basis of the certificates, that the person is a mentally ill person.
(5) A transfer order may be made with the person’s consent if it appears to the Secretary, on the basis of the certificates, that the person has a mental health impairment or other condition for which treatment is available in a mental health facility.
(6) The Secretary may revoke a transfer order.
(7) The Secretary must notify the Tribunal in writing if the Secretary makes or revokes a transfer order.