Criminal Code Act 1983

Where the court has made an order under section 43R(4) or (9)(a) adjourning the matter of the fitness of an accused person to be tried, the accused person or the Director of Public Prosecutions may at any time during the adjournment apply to the court for either of the following orders:

if the accused person or the Director of Public Prosecutions considers that the accused person has become fit to stand trial –

an order that the trial of the accused person for committing the offence he or she is charged with is to proceed in the normal way;

if the accused person or the Director of Public Prosecutions considers that the accused person will not become fit to stand trial by the end of the 12 month period referred to in section 43R –

an order to hold a special hearing within 3 months after the date the order is made.