Mental Health (Compulsory Assessment and Treatment) Act 1992

77 Clinical reviews of certain special patients

• (1) The responsible clinician shall conduct a formal review of the condition of every special patient who is detained in a hospital pursuant to an order of a court made under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003—

  • (a) not later than 3 months after the date of the order; and

  • (b) thereafter at intervals of not longer than 6 months.

  (2) The provisions of subsections (2), (4), and (8) to (12) of section 76 shall apply in respect of every review under this section as if it were a review under that section.

  (3) In the case of a special patient who was ordered to be detained following a finding of unfitness to stand trial, the following provisions shall apply to any review of that patient's condition under this section:

  • (a) at the conclusion of the review, the responsible clinician shall record his or her findings in a certificate of clinical review in the prescribed form, stating—

    • (i) that in his or her opinion the patient is no longer unfit to stand trial; or

    • (ii) that in his or her opinion the patient is still unfit to stand trial but it is no longer necessary that the patient should be subject to the order of detention as a special patient; or

    • (iii) that in his or her opinion the patient is still unfit to stand trial and should continue to be subject to the order of detention as a special patient:

  • (b) in every case, the responsible clinician shall send a copy of the certificate of clinical review to—

    • (i) [Repealed]

    • (ii) the Director; and

    • (iii) each of the persons specified in section 76(7)(b):

  • (c) in any case where the responsible clinician is of the opinion that the patient is no longer unfit to stand trial, or that the patient is still unfit to stand trial but it is no longer necessary that the patient should be subject to the order of detention as a special patient, that clinician shall also send a copy of the certificate of clinical review to the Attorney-General for the purposes of section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003:

  • (d) despite section 31 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, on receiving a copy of the certificate of clinical review under paragraph (c), the Attorney-General may, instead of exercising and performing the powers and duties under that section, apply to the Review Tribunal for a review of the patient's condition.

  (4) In the case of a special patient who was ordered to be detained following acquittal on account of insanity, the following provisions shall apply to any review of that patient's condition under this section:

  • (a) at the conclusion of the review, the responsible clinician shall record his or her findings in a certificate of clinical review, stating whether or not, in his or her opinion, the patient's condition still requires, either in the patient's own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient:

  • (b) in every case, the responsible clinician shall send a copy of the certificate of clinical review to—

    • (i) [Repealed]

    • (ii) the Director; and

    • (iii) each of the persons specified in section 76(7)(b):

  • (c) in any case where the responsible clinician is of the opinion that the patient's condition no longer requires, either in the patient's own interest or for the safety of the public, that he or she should be subject to the order of detention as a special patient, that clinician shall also send a copy of the certificate of clinical review to the Minister of Health for the purposes of section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003:

  • (d) despite section 33 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, on receiving a copy of the certificate of clinical review under paragraph (c), the Minister of Health may, instead of exercising and performing the powers and duties under that section, apply to the Review Tribunal for a review of the patient's condition.

  Section 77(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(3): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(3)(a)(i): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(3)(a)(ii): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(3)(a)(iii): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(3)(b)(i): repealed, on 1 April 2000, by section 41(b) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 77(3)(c): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(3)(d): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(4)(b)(i): repealed, on 1 April 2000, by section 41(c) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).

  Section 77(4)(c): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).

  Section 77(4)(d): substituted, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115).