Transfer of custody if person admitted to secure mental health facility
144A Transfer of custody if person admitted to secure mental health facility
A person is taken to be in the custody of the director-general if the person is admitted to a secure mental health facility under—
the Children and Young People Act 2008, section 109 (Transfers to health facilities); or
the Corrections Management Act 2007, section 54 (Transfers to health facilities); or
part 8.2 (Transfer of correctional patients).
See also the Children and Young People Act 2008, s 245 and the Corrections Management Act 2007, s 217.
However, a person admitted to a secure mental health facility is taken to be in the custody of the director-general only until the person is discharged from the facility.
If custody of a person is transferred to the director-general, the director-general must—
immediately give written notice of the transfer of custody to—
if the person is a detainee—the corrections director‑general; and
if the person is a young detainee—the CYP director‑general; and
as soon as practicable give written notice of the transfer of custody to the following:
the ACAT;
the public advocate;
the person;
if the person has a nominated person—the nominated person;
if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility).
The director-general must, as soon as practicable, give written notice of an intention to discharge a person from a secure mental health facility to the following people:
if the person is a detainee—the corrections director-general;
if the person is a young detainee—the CYP director-general.
A person who takes a detainee or young detainee to a secure mental health facility must give the director-general a written statement containing any of the following relevant information:
the nature and extent of any force, restraint, involuntary seclusion or forcible giving of medication used when, or in relation to, taking the person to the facility;
anything else that happened when, or in relation to, taking the person to the facility that may have an effect on the person’s physical or mental health.
Examples—par (b)
1 the person was subject to threat of violence from another person
2 a package of white powder fell out of the person’s pocket
3 the person was in an agitated state and hit their head against the side of the transport vehicle
The director-general must—
enter the statement in the person’s record; and
keep a register of any restraint, involuntary seclusion or forcible giving of medication included in the statement; and
tell the public advocate, in writing, of any restraint, involuntary seclusion or forcible giving of medication included in the statement.
In this section:
admitted to a secure mental health facility includes transferred to the facility.
Example
A person is transferred to a secure mental health facility from another unit at the Canberra Hospital.
This Act’s bill:Explanatory statementSecond reading speech
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