Tasmanian Consolidated Acts

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CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999 - SECT 37

Review of persons detained under forensic orders
(1)  A forensic order is to be reviewed under the Mental Health Act 2013 by the Tribunal within 12 months after the order was made and at least once in each period of 12 months afterwards.
(2)  In reviewing a forensic order, the Tribunal is to apply the principle in section 34 and to have regard to the matters set out in section 35(1) .
(3)  If the Tribunal, on review, determines that a forensic order is no longer warranted or that the conditions of the order are now inappropriate –
(a) the Tribunal must issue the defendant with a certificate to that effect; and
(b) the defendant may apply immediately, despite any other provision of this Act, to the Supreme Court for discharge, revocation or variation of the forensic order.
(4)  If the Tribunal issues a certificate in respect of the discharge of a restriction order, the certificate may include the recommendation of the Tribunal that, should the order be discharged –
(a) a supervision order or treatment order be made in respect of the defendant; or
(b) the defendant be released either unconditionally or on the conditions specified in the recommendation.
(5)  If the Tribunal issues a certificate in respect of the revocation of a supervision order, the certificate may include the recommendation of the Tribunal that, should the order be revoked –
(a) a treatment order be made in respect of the defendant; or
(b) the defendant be released either unconditionally or on the conditions specified in the recommendation.
(6)  If the Tribunal, on review, issues a certificate in respect of the variation of the conditions of a supervision order, the certificate may include the recommendations of the Tribunal as to what conditions should be included in the order.
(7)  If the Tribunal, on review, determines that a supervision order should be revoked and that, instead, a restriction order should be made in respect of the defendant, the Tribunal is to –
(a) recommend to the Secretary of the responsible Department in relation to the Mental Health Act 2013 that he or she make an application under section 30(1) for the revocation of the supervision order and the making of the restriction order; and
(b) provide a copy of that recommendation to the defendant.


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