Intellectually Disabled Persons' Services Act 1986 - SECT 21 Transfer of eligible persons from a prison

This legislation has been repealed.

Intellectually Disabled Persons' Services Act 1986 - SECT 21

Transfer of eligible persons from a prison

21. Transfer of eligible persons from a prison



(1) The Secretary to the Department of Justice may by a security order
transfer a person who-

   (a)  is lawfully imprisoned or detained in a prison or other place of
        confinement; and

   (b)  is an eligible person-

to an appropriate residential institution as a security resident.

(1A) Sub-section (1) does not apply to a person who is detained in a prison
under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
(whether on remand or under a supervision order made under that Act).

(2) The Secretary to the Department of Justice must not make a security order
unless-

   (a)  the Secretary to the Department of Justice has received a declaration
        of eligibility and an individual program plan from the Secretary to
        the Department of Human Services; and

   (b)  the Secretary to the Department of Justice is satisfied as to the
        matters specified in sub-section (7); and

   (c)  the Secretary to the Department of Human Services has agreed to accept
        the person as a security resident in the residential institution
        specified in the order.

(3) The Secretary to the Department of Justice may make an interim order to
enable the Secretary to the Department of Human Services to assess the
eligibility of the person specified in the order.



(4) A person in respect of whom an interim order is made may be conveyed to
and detained in an appropriate residential institution for the period not
exceeding 28 days specified in the order.

(5) On the application of the Secretary to the Department of Human Services,
the Secretary to the Department of Justice may extend the duration of an
interim order for a further period not exceeding 28 days.

(6) If the Secretary to the Department of Human Services issues a declaration
of eligibility in respect of a person under this section the Secretary must
prepare an individual program plan in respect of that person.

(7) The Secretary to the Department of Justice must be satisfied that the
making of a security order is in the best interests of the eligible person or
the community having regard to-

   (a)  whether any physical, mental or emotional risk to which the
        eligible person has been or may be exposed if detained in a prison is
        significantly greater than the risk to which persons who are not
        intellectually disabled may be exposed; and

   (b)  whether the eligible person would be more appropriately placed with a
        residential institution instead of a prison; and

   (c)  whether programs are offered by a residential institution which are
        designed to reduce the likelihood of the eligible person committing
        further criminal offences; and

   (d)  any other matters the Secretary to the Department of Justice considers
        relevant.



(8) Where a person who is on remand is transferred to a
residential institution under this section, the Secretary to the Department of
Justice must notify the Director of Public Prosecutions of the transfer.