DISABILITY ACT 2006 - SECT 180 Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
DISABILITY ACT 2006 - SECT 180
Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997S. 180(1) amended by No. 19/2019 ss 15, 142.
(1) The Secretary to the Department of Justice and Community Safety may, by order, transfer a person who—
(a) is detained in a prison whether on remand or under a supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; and
(b) is a person who has an intellectual disability—
to a residential treatment facility as a forensic resident.
S. 180(2) amended by No. 19/2019 s. 15.
(2) The Secretary to the Department of Justice and Community Safety must not transfer a person under subsection (1) unless—
S. 180(2)(a) amended by No. 19/2019 s. 15.
(a) the Secretary to the Department of Justice and Community Safety has received a statement that the person has an intellectual disability and a treatment plan from the Secretary; and
S. 180(2)(b) amended by No. 19/2019 s. 15.
(b) the Secretary to the Department of Justice and Community Safety is satisfied as to the matters specified in subsection (7); and
S. 180(2)(c) amended by No. 19/2019 s. 142.
(c) the Secretary has agreed to accept the person as a forensic resident in the residential treatment facility specified in the transfer order.
S. 180(3) amended by No. 19/2019 s. 15.
(3) The Secretary to the Department of Justice and Community Safety may make an interim order to enable the Secretary to assess whether the person specified in the order has an intellectual disability.
S. 180(4) amended by No. 19/2019 s. 142.
(4) A person in respect of whom an interim order is made may be conveyed to and detained in a residential treatment facility for the period, not exceeding 28 days, specified in the interim order.
S. 180(5) amended by No. 19/2019 s. 15.
(5) On the application of the Secretary, the Secretary to the Department of Justice and Community Safety may extend the duration of an interim order for a further period not exceeding 28 days.
(6) If the Secretary issues a statement that a person has an intellectual disability under this section, the Secretary must prepare a treatment plan in respect of that person.
Note to s. 180(6) inserted by No. 22/2012 s. 75, amended by No. 19/2019 s. 89.
Note
Division 6 of this Part contains provisions in relation to the use of restrictive practices in accordance with, and the inclusion of restrictive practices in, a treatment plan.
S. 180(7) amended by No. 19/2019 s. 15.
(7) The Secretary to the Department of Justice and Community Safety must be satisfied that the making of a transfer order is in the best interests of the person or the community having regard to—
(a) whether any physical, mental or emotional risk to which the person has been or may be exposed if detained in a prison is significantly greater than the risk to which a person who does not have an intellectual disability would be exposed; and
S. 180(7)(b) amended by No. 19/2019 s. 142.
(b) whether the person would be more appropriately placed in a residential treatment facility instead of a prison; and
S. 180(7)(c) amended by No. 19/2019 s. 15.
(c) any other matters the Secretary to the Department of Justice and Community Safety considers relevant.
S. 180(8) amended by No. 19/2019 ss 15, 142.
(8) If a person who is on remand is transferred to a residential treatment facility under this section, the Secretary to the Department of Justice and Community Safety must notify the Director of Public Prosecutions of the transfer.
S. 181 amended by No. 19/2019 s. 143.