Mental Health Act 2016

The chief psychiatrist, on receiving a notice about a notice event mentioned in section 81(1)(c), may decide—

it is not clinically appropriate for the classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and

the classified patient should be returned under section 83 to a place of custody.

Also, the chief psychiatrist may, on the chief psychiatrist’s own initiative, decide—

it is not clinically appropriate for a classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and

the classified patient should be returned under section 83 to a place of custody.

As soon as practicable after the chief psychiatrist makes a decision under subsection (1) or (2), the chief psychiatrist must give the administrator of the classified patient’s treating health service written notice of the decision.

As soon as practicable after receiving a notice under subsection (3), an authorised doctor for the classified patient’s treating health service must—

tell the classified patient of the decision; and

explain its effect to the classified patient.