Mental Health Act 2016

This section applies if any of the following happens (a return event)—

the chief psychiatrist receives notice of a notice event mentioned in section 81(1)(a) or (b) about a classified patient;

the chief psychiatrist decides under section 82(1) or (2) that a classified patient should be returned to a place of custody;

the chief psychiatrist receives notice under section 80 that a classified patient (voluntary) has withdrawn consent to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service and a treatment authority has not been made for the person.

As soon as practicable after the return event happens, the chief psychiatrist must give written notice to the following persons of the return event—

the custodian who gave the custodian consent for the person (the first custodian);

if the person is charged with an offence or awaiting sentence on conviction for an offence—the chief executive (justice).

Within 1 day after receiving the notice, the first custodian must make arrangements for an authorised person to transport the person from the authorised mental health service—

to a place in which the person will be in the first custodian’s custody; or

if the first custodian agrees with another person (the second custodian) that the person should be transported to a place in which the person will be in the second custodian’s custody—to the place in which the person will be in the second custodian’s custody.

An authorised person may transport the person from the authorised mental health service to the place in which the person will be in the custody of the first custodian or second custodian.

The person stops being a classified patient when the person is discharged from the authorised mental health service into the custody of the first custodian or second custodian.

As soon as practicable after the chief executive (justice) receives a notice under subsection (2)(b) about a person, the chief executive (justice) must give the following persons a copy of the notice—

the registrar of the court in which the proceeding for the offence has been brought;

the prosecuting authority for the offence;

if the person is a minor—the chief executive (youth justice).