Mental Health Act 2016

This section applies to a person who—

has a dual disability; and

is subject to a forensic order (mental health).

If the tribunal is satisfied the person no longer requires involuntary treatment and care for the person’s mental illness, the tribunal must—

revoke the forensic order (mental health); and

make a forensic order (disability) for the person.

For making the forensic order (disability), section 135 and chapter 5, part 4, division 2, subdivision 2 apply as if—

a reference in the provisions to the Mental Health Court were a reference to the tribunal; and

a reference in the provisions to the person the subject of the reference were a reference to the person subject to the forensic order (mental health).

If there was a non-revocation period for the forensic order (mental health), the forensic order (disability) is taken to have the same non-revocation period.

For subsection (4), the forensic order (disability) is taken to have been made when the forensic order (mental health) was made.

The revocation of the forensic order (mental health) under this section does not affect any recommendation made by the court under section 136.