Section 87 - Mental Health and Cognitive Impairment Forensic Provisions Act 2020 - Transfer back to correctional centre or detention centre

87Transfer back to correctional centre or detention centre

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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.