Nature of mental impairment –Whether endanger another person
Adequate community resources for treatment and support –Compliance with conditions of Order.
Quick Take
1Under ss 34 and 35(1) of the Criminal Justice (Mental Impairment) Act 1999 (Tas), a supervision order is no longer warranted where the patient's mental impairment is stable and well-managed, the risk of endangering others is very minimal, adequate community treatment resources exist irrespective of the order, and the patient has a long history of compliance with conditions.
2A certificate issued under s 37(3) does not itself revoke the supervision order; the patient must apply to the Supreme Court for revocation, and the Tribunal's determination is a recommendation only.
