New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH (CRIMINAL PROCEDURE) AMENDMENT ACT 2005 - SCHEDULE 2

SCHEDULE 2 – Amendments to Mental Health (Criminal Procedure) Act 1990 by way of statute law revision

(Section 3)

[1] Section 3 Definitions

Insert in alphabetical order in section 3 (1):

"correctional centre" has the same meaning as in the Crimes (Administration of Sentences) Act 1999 .
"detention centre" has the same meaning as in the Children (Detention Centres) Act 1987 .

[2] Sections 12 (1) and 21 (2)

Omit "counsel or a solicitor" wherever occurring.
Insert instead "an Australian legal practitioner".

[3] Section 21 Nature and conduct of special hearing

Omit "the counsel or solicitor" from section 21 (3) (b).
Insert instead "the Australian legal practitioner".

[4] Section 28 Effect on other proceedings of finding on special hearing

Omit "as a prisoner" from section 28 (2).
Insert instead "as an inmate (within the meaning of the Crimes (Administration of Sentences) Act 1999 )".

[5] Section 30 Procedure after completion of further inquiry

Omit "as a prisoner" from section 30 (2) (a).
Insert instead "as an inmate (within the meaning of the Crimes (Administration of Sentences) Act 1999 )".

[6] Section 33 Mentally ill persons

Insert after section 33 (5):

(5A) An order under this section may provide that, in the case of a defendant who is a juvenile, the defendant is to be taken to or from a place by a juvenile justice officer employed in the Department of Juvenile Justice rather than by a police officer.

[7] Section 35 Transfer from correctional centre or detention centre

Omit "prison" from section 35 (2).
Insert instead "a correctional centre or detention centre".

[8] Section 35 (2) (c)

Omit "Director of the Prison Medical Service".
Insert instead "Chief Executive Officer, Justice Health or, in the case of a juvenile, the Director-General of the Department of Juvenile Justice".