Mental Health Act 2013

A responsible authority may allow a police officer to visit a forensic patient in an SMHU if satisfied that – it is for the purposes of a police investigation; and the patient, or any representative of the patient, after being informed of the patient's rights under this section, has no objection.

The visit is to be on such conditions as to time, duration, termination, supervision, setting, secrecy or otherwise as the responsible authority determines and it is the duty of the police officer to comply with those conditions.

The responsible authority, by any available means, may vary the conditions at any time.

The patient has the following rights in respect of the visit:to confer, on request, with an Australian lawyer before it takes place, either in person or by telephone or video link; to have, on request, a representative, medical practitioner, SMHU staff member or support person present; to refuse to answer any question that may be put to the patient; to end the visit at any time.

The visitation of a forensic patient in an SMHU under and in accordance with this section is – lawful notwithstanding the operation of any other law; and not reviewable by the Tribunal.

Nothing in this section is to be taken as preventing or restricting police officers from – exercising ordinary investigative, enforcement or other powers as regards unlawful conduct by forensic patients or other persons in any SMHU; or exercising, in respect of forensic patients, powers under the Forensic Procedures Act 2000; or doing, in respect of any forensic patient or SMHU, anything else that may be authorised by or under other laws or by any court.

In this section – responsible authority means – the controlling authority of the SMHU; or the Chief Psychiatrist.