The Mental Health (Criminal Procedure) Act 1990 (NSW) applies to intellectually disabled accused persons who do not suffer from a mental illness, and a trial judge cannot refuse a further fitness hearing on the basis that the evidence is not 'different' or 'fresh' from that adduced at an earlier hearing — the only statutory threshold is the good faith requirement in s 10(2). A failure to conduct a fitness inquiry when the question has been raised in good faith renders the trial a nullity.
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