Criminal Code Act 1983

(1) A supervision order may, subject to the conditions the court considers appropriate and specifies in the order:

(a) if it is a custodial supervision order – commit the accused person to custody:

(i) subject to subsection (2) – in a custodial correctional facility; or

(ii) subject to subsection (3) – in another place (an appropriate place) the court considers appropriate; or

(b) if it is a non-custodial supervision order – release the accused person.

(2) The court must not make a custodial supervision order committing the accused person to custody in a custodial correctional facility unless it is satisfied that there is no practicable alternative given the circumstances of the person.

(2A) Without limiting subsection (1), the court may decide a supervision order is subject to the condition that a person (an authorised person) authorised by the CEO (Health) may use any reasonable force and assistance:

(b) without limiting paragraph (a) – to take the accused person into custody, or to restrain the accused person, in order to prevent the accused person harming himself or herself or someone else.

(a) must, by Gazette notice, make supervision directions about:

(ii) the reporting by an authorised person of any use of force or assistance for subsection (2A); and

(b) may, in the supervision directions, provide for any other matters about the use of such force and assistance as decided by the CEO (Health).

(2C) An authorised person may use reasonable force or assistance as provided in subsection (2A) only in accordance with the supervision directions.

(3) Unless the court receives a certificate from the CEO (Health) mentioned in subsection (4), the court must not make a supervision order:

(a) committing the accused person to custody in an appropriate place; or

(b) providing for the accused person to receive treatment or other services in, at or from an appropriate place.

(a) facilities or services are available in the appropriate place for the custody, care or treatment of the accused person; and

(b) if the appropriate place is a secure care facility – the accused person fulfils the criteria for involuntary treatment and care under the Disability Services Act 1993.