MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 305 Definition

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 305

    (1)     In this Part—

"forensic patient" means—

        (a)     a person remanded in custody in a designated mental health service under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (b)     a person committed to custody in a designated mental health service by a supervision order under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (c)     a person detained in a designated mental health service under section 30(2) or 30A(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (d)     a person deemed to be a forensic patient by section 73E(4) or 73K(8) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (e)     a person detained in a designated mental health service under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth; or

        (f)     a person who is an international forensic patient within the meaning of section 73O of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (g)     a person taken from a prison to a designated mental health service in accordance with a direction made by the Secretary to the Department of Justice under section 306.

    (2)     A person does not cease to be a forensic patient under subsection (1) if he or she—

        (a)     is on leave of absence from a designated mental health service; or

        (b)     is absent from a designated mental health service without leave.