Mental Health Act 2015

This section applies if—

the chief psychiatrist is satisfied that a detainee or young detainee has a mental illness for which treatment, care or support is available in an approved mental health facility; and

a mental health order or forensic mental health order cannot be made in relation to the person.

The chief psychiatrist may ask the corrections director-general or the CYP director general to direct that the detainee or young detainee be transferred from a correctional centre or detention place to a stated approved mental health facility, and be detained at the facility.

If the corrections director-general or the CYP director-general decides to make the direction requested, the direction (the transfer direction) must be made—

for the corrections director-general—under the Corrections Management Act 2007, section 54 (Transfers to health facilities); and

for the CYP director-general—under the Children and Young People Act 2008, section 109 (Transfers to health facilities).

Before making a transfer direction, the CYP director-general must, as far as practicable, consult each person with parental responsibility for the young detainee under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility).

The corrections director-general or the CYP director-general may, at the request of the chief psychiatrist and at any time before the transfer takes place, revoke the direction.