105Adjournment to determine mental health or disability of youth

105 Adjournment to determine mental health or disability of youth

[Section 105 Substituted by No. 72 of 2005, s. 139, Applied:20 Feb 2006]

(1)  In this section –

[Section 105 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] approved assessment centre has the same meaning as in the Mental Health Act 2013 ;

[Section 105 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014] approved hospital has the same meaning as in the Mental Health Act 2013 ;

[Section 105 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]

disability means a restriction or lack of ability to perform an activity in a normal manner that –

(a) is the result of an absence, loss or abnormality of mental, psychological, intellectual, cognitive, physiological or anatomical structure or function; but

(b) is not a mental illness;

[Section 105 Subsection (1) amended by No. 69 of 2013, Sched. 1, Applied:17 Feb 2014]

specified means specified in an order under this section that commits a youth to a secure mental health unit.

(2)  If at any time during proceedings under this Part it appears to the Court that the youth may be suffering from any mental illness or disability, the Court may adjourn the proceedings for a period not exceeding 7 days and –

(a) if the Court considers that the youth would be granted bail if the adjournment were for some other reason, make an order granting the youth bail on the condition that he or she present himself or herself at a place the Court considers suitable and allow himself or herself to be observed and assessed; or