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CORRECTIVE SERVICES ACT 2006 - SECT 68 Transfer to another corrective services facility or a health institution

CORRECTIVE SERVICES ACT 2006 - SECT 68

Transfer to another corrective services facility or a health institution

68 Transfer to another corrective services facility or a health institution

(1) The chief executive may, by written order, transfer a prisoner from a corrective services facility to—
(a) subject to section 68A , another corrective services facility; or
(b) a place for—
(i) medical or psychological examination or treatment; or
(ii) examination or treatment for substance dependency.
(2) The order may include the conditions the chief executive reasonably considers necessary to effect the transfer.
(3) The prisoner must be escorted by a corrective services officer or police officer.
(4) The prisoner may be detained in a place for as long as is necessary or convenient to give effect to the order.
(5) If a prisoner is transferred to an authorised mental health service and becomes a classified patient under the Mental Health Act 2016 , the patient is taken to be in the custody of the administrator of the patient’s treating health service under that Act.
(6) The Judicial Review Act 1991 , parts 3 , 4 and 5 , other than section 41 (1) , do not apply to a decision made, or purportedly made, under this section about transferring a prisoner.
Note—
The Judicial Review Act 1991 , part 3 deals with statutory orders of review, part 4 deals with reasons for decisions and part 5 deals with prerogative orders and injunctions.
(7) In this section—


"decision" includes a decision affected by jurisdictional error.