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Mental Health and Cognitive Impairment Forensic Provisions Act 2020
86Transfer from correctional centre or detention centre by Secretary
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#### 86 Transfer from correctional centre or detention centre by Secretary
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.
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> > (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.
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> > (3) The certificates are to be in the form set out in Schedule 1.
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> > (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.
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> > (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.
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> > (6) The Secretary may revoke a transfer order.
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> > (7) The Secretary must notify the Tribunal in writing if the Secretary makes or revokes a transfer order.