Mental Health Act 2013

This section applies to a forensic patient, referred to in section 68(1)(i) or (j), who is in an SMHU and whose removal to the SMHU was directed at the patient's own request.

The patient may request to be returned to the custody of the relevant authority at any time.

The request is to be made to the Chief Psychiatrist in writing.

The forensic patient may ask any SMHU staff member for help in making the request and the SMHU staff member is to – render that help to the best of his or her ability; or arrange for another SMHU staff member to render that help.

The Chief Psychiatrist is to have the patient assessed by an approved medical practitioner as soon as practicable after receiving the request.

After the assessment, the Chief Psychiatrist may – agree to the request; or refuse the request.

In considering the request, the Chief Psychiatrist is to have regard to – the results of the assessment; and whether or not the reasons for the patient's admission are still valid; and such other matters as the Chief Psychiatrist considers relevant.

If the Chief Psychiatrist agrees to the request – the Chief Psychiatrist, without undue delay, is to request the relevant authority to remove the patient from the SMHU; and the patient is to be removed from the SMHU and transferred to the custody of the relevant authority within 48 hours after the request is agreed to; and the patient ceases to be taken to be a forensic patient from the time he or she is so removed from the SMHU.

If the Chief Psychiatrist refuses the request – the Chief Psychiatrist is to give notice of the refusal, with reasons, to the patient (together with a statement of rights in an approved form); and the Chief Psychiatrist is to give notice of the refusal, with reasons, to the Tribunal.

The Chief Psychiatrist is to make and retain an appropriate record of the request and the Chief Psychiatrist's decision on the request.

In this section – relevant authority means – for a forensic patient referred to in section 68(1)(i), the Director; or for a forensic patient referred to in section 68(1)(j), the Secretary (Youth Justice). The refusal of a request under this section is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3. The process by which a forensic patient to whom this section applies may be admitted to or discharged from an SMHU is provided for under the Corrections Act 1997 and the Sentencing Act 1997.