87Transfer back to correctional centre or detention centre

#### 87 Transfer back to correctional centre or detention centre 87 Transfer back to correctional centre or detention centre > > (1) This section applies to a person transferred from a correctional centre or detention centre to a mental health facility under a provision of this Division. > > > (2) The person must be transferred back to the correctional centre or detention centre within 7 days unless the Secretary is of the opinion that— > > > > > (a) the person is a mentally ill person or has a mental health impairment or other condition for which treatment is available in a mental health facility, and > > > > > (b) other care of an appropriate kind would not be reasonably available to the person in the correctional centre or detention centre. > > > (3) The person may be transferred back to the correctional centre or detention centre at any time if the Secretary is of the opinion that— > > > > > (a) the person has ceased to be a mentally ill person or to have a mental health impairment or other condition for which treatment is available in a mental health facility, or > > > > > (b) other care of an appropriate kind would be reasonably available to the person in a correctional centre or detention centre. > > > (4) Nothing in this section affects the powers of the Tribunal in respect of a person transferred to a mental health facility from a correctional centre or detention centre.