Disability Act 2006

The Secretary may extend a person's admission to a residential treatment facility for further periods not exceeding 12 months at a time if satisfied that—

the person continues to meet the admission criteria under section 152; and

the person would benefit from further treatment at the residential treatment facility; and

the treatment being provided at the residential treatment facility continues to be appropriate for the person; and

the further treatment is likely to result in a reduction to any risk of violence the person presents to another person.

For the purpose of making a decision under this section, the Secretary must arrange for the person to undergo an assessment.

The Secretary must not extend a person's admission to a residential treatment facility under this section unless—

the Secretary has consulted the Senior Practitioner in relation to the proposed admission; and

if the Senior Practitioner has provided advice to the Secretary about whether the treatment provided at the residential treatment facility continues to be suitable for the person, the Secretary has considered that advice.

The Secretary, in considering whether to extend a person's admission to a residential treatment facility under this section, may have regard to operational demands.

An extension under subsection (1) must not exceed the period of the order specified in section 152(2) or any period specified in a direction given under that order.