disability means a restriction or lack of ability to perform an activity in a normal manner that –
(a) results from an absence, loss or abnormality of mental, psychological, intellectual, cognitive, physiological or anatomical structure or function; but
(2) The Secretary may direct that a detainee who, in the opinion of a medical practitioner or psychologist, appears to be suffering from a mental illness be removed from a detention centre to a secure mental health unit if –
(a) either –
(i) the Secretary determines that it is in the best interests of the detainee, other detainees in the detention centre or the staff of the detention centre for the detainee to be removed to a secure mental health unit; or
(ii) the detainee has requested that he or she be removed to a secure mental health unit; and
(i) the admission of the detainee to a secure mental health unit is necessary for his or her care or treatment; and
(ii) adequate facilities and staff exist at the secure mental health unit for the appropriate care and treatment of the detainee.
(4) A detainee admitted to a secure mental health unit under a direction under subsection (3) may be detained in the secure mental health unit for no longer than the period specified in the direction.
(5) [Section 134A Subsection (5) amended by No. 4 of 2023, s. 184, Applied:25 Sep 2023] If at any time while a youth admitted to a secure mental health unit under a direction under subsection (2) or (3) is so detained in that unit the Chief Psychiatrist considers that the youth would no longer benefit from being in that unit, the Chief Psychiatrist may require the Secretary to remove the youth from that unit.
(6) The Secretary is to comply with a requirement made under subsection (5) .
(7) While a detainee is detained in a secure mental health unit following a direction under subsection (2) or (3) , including while the detainee is on authorised leave from that secure mental health unit, that detainee is taken to be serving his or her sentence of detention.