New South Wales Repealed Acts

This legislation has been repealed.

CRIMES LEGISLATION AMENDMENT ACT 2004 - SCHEDULE 7

SCHEDULE 7 – Amendment of Mental Health Act 1990 No 9

(Section 3)

[1] Section 81 Tribunal to review cases of persons found not guilty by reason of mental illness

Omit section 81 (1) (b). Insert instead:

(b) to a person found, after a trial by a court or on an appeal, to be not guilty by reason of mental illness and ordered:

(i) under section 39 of the Mental Health (Criminal Procedure) Act 1990 , or

(ii) under section 7 (4) of the Criminal Appeal Act 1912 (including that subsection as applied by section 5AA (5) of that Act),

to be detained in a hospital or other place or to be released from custody subject to conditions.

[2] Section 101 Termination of classification as forensic patient of person found not guilty by reason of mental illness

Omit section 101 (1) (b). Insert instead:

(b) to a person found, after a trial by a court or on an appeal, to be not guilty by reason of mental illness and ordered:

(i) under section 39 of the Mental Health (Criminal Procedure) Act 1990 , or

(ii) under section 7 (4) of the Criminal Appeal Act 1912 (including that subsection as applied by section 5AA (5) of that Act),

to be detained in a hospital or other place or to be released from custody subject to conditions.

[3] Schedule 1 Dictionary of terms used in the Act

Insert ", or released from custody subject to conditions," after "other place" in paragraph (a) of the definition of "forensic patient".

Note: Item [1] extends the power of review conferred on the Mental Health Review Tribunal by section 81 of the Mental Health Act 1990 to persons who are conditionally released under section 39 of the Mental Health (Criminal Procedure) Act 1990 or section 7 of the Criminal Appeal Act 1912 , rather than (as is currently the case) only those persons who are ordered under those provisions to be detained in custody.
Item [2] extends section 101 of the Mental Health Act 1990 , and item [3] extends the definition of "forensic patient" in the Dictionary to the Mental Health Act 1990 , to include a reference to persons so released.