Responsibility for person subject to forensic order (disability)
147 Responsibility for person subject to forensic order (disability)
If the Mental Health Court makes a forensic order (disability) for a person, the order must state—
the authorised mental health service responsible for the person; or
that the forensic disability service is responsible for the person.
However, the court may decide the forensic disability service is responsible for the person only if the chief executive (forensic disability) certifies, in writing, that the forensic disability service has the required capacity.
If the court makes an order under subsection (1)(a), the stated authorised mental health service is responsible for the person.
If the court makes an order under subsection (1)(b), the forensic disability service is responsible for the person.
Subsection (3) does not prevent treatment and care being provided to the person by another authorised mental health service if the person seeks treatment and care by the service.
Subsection (4) does not prevent treatment and care being provided to the person by an authorised mental health service if the person seeks treatment and care by the service.
This section is subject to section 356.
In this section—
required capacity means—
the physical capacity to accommodate the person; and
the capacity to provide care for the person under the order.
This Act’s bill:Explanatory memorandumSecond reading speech
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