Forensic Disability Act 2011

This section applies to—

a client required by notice under section 112 to return to the forensic disability service; or

a client for whom a temporary absence approval is revoked or the approved period of absence has ended; or

a client whose period of limited community treatment has ended; or

a client who has absconded from the charge of an authorised person mentioned in section 117(2); or

a client who has absconded from detention in the forensic disability service; or

a client whose period of detention in an authorised mental health service under section 113A has ended.

A practitioner may take a client mentioned in any of subsection (1)(a) to (e) to—

the forensic disability service; or

an authorised mental health service if—

it is not reasonably practicable to return the client to the forensic disability service; and

the director and the chief psychiatrist agree that the client be taken to the authorised mental health service for temporary detention under section 113A.

A practitioner may take a client mentioned in subsection (1)(f) to—

if the client is to be detained in the forensic disability service—the forensic disability service; or

if the client is to undertake community treatment—the place where the client is to undertake the community treatment.

If it is not reasonably practicable for a practitioner to take a client to the forensic disability service, an authorised mental health service or a place for community treatment (each the relevant place) under subsection (2) or (3), an authorised person under the Mental Health Act may, if agreed between the director and the chief psychiatrist, take the client to the relevant place.

For the purpose of taking a client to the relevant place under subsection (4), an authorised person under the Mental Health Act may exercise a power, and has the obligations, under the Mental Health Act in relation to the client as if the client were a forensic patient being taken to an authorised mental health service.

If asked by a practitioner or an authorised person under the Mental Health Act, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.

For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000, section 16(3).