1 Name of Act
2 Commencement
3 Definitions
4 Application
5 Person by whom question of unfitness may be raised
6 Basis of determination of question of unfitness
7 Time at which question of unfitness may be raised
8 Procedure where question of unfitness raised before arraignment
9 Procedure where question of unfitness raised after arraignment
10 Procedure on raising question of unfitness
11 Determination of question of unfitness
11A (Repealed)
12 Conduct of inquiry
13 Person found fit to be tried
14 Person found unfit to be tried
15 Presumptions as to findings concerning unfitness
16 Functions of Tribunal on referral after inquiry
17 Orders Court may make following determination of Tribunal that person will be fit to plead within 12 months
18 (Repealed)
19 Court to hold special hearing after advice received from Director of Public Prosecutions
20 Release of certain persons
21 Nature and conduct of special hearing
21A Judge to try special hearing unless election for jury made
21B Verdict of Judge
22 Verdicts at special hearing
22A Amendment of indictment
23 Procedure after completion of special hearing
24 Consequences of nomination of limiting term
25 Special verdict of not guilty by reason of mental illness
26 Verdict of not guilty
27 Orders Court may make following determination of Tribunal after limiting term is imposed
28 Effect on other proceedings of finding on special hearing
29 Action to be taken on notification that person is fit to be tried
30 Procedure after completion of further inquiry
Part 3 Summary proceedings before a Magistrate relating to persons affected by mental disorders
31 Application
32 Persons suffering from mental illness or condition
32A Reports from treatment providers
33 Mentally ill persons
34 (Repealed)
35 Transfer from correctional centre or detention centre
36 Means by which Magistrate may be informed
Part 4 Defence of mental illness
37 Explanation to jury
38 Special verdict
39 Effect of finding and declaration of mental illness
Part 5 Forensic patients and correctional patients
40 Objects
41 Definitions
42 Forensic patients
Subdivision 1 Review of forensic patients by Tribunal
43 Criteria for release and matters to be considered by Tribunal
44 Persons found not guilty by reason of mental illness—initial review
45 Person found unfit to be tried—initial reviews
46 Further reviews by Tribunal of forensic patients
47 Orders and recommendations on further Tribunal reviews
48 Transfer of patients
Subdivision 2 Leave of absence
49 Tribunal may grant leave
50 Other leave of absence
Subdivision 3 Termination of status as forensic patient
51 Termination of classification as forensic patient on unconditional release
52 Additional circumstances for termination of classification as forensic patient
53 Classification as involuntary patient
54 Release from mental health facility on ceasing to be a forensic patient
Division 3 Transfers from correctional centres and correctional patients
55 Transfer from correctional centre by Director-General
56 Transfer back to correctional centre
57 Requests for transfer to correctional centre
58 Review by Tribunal of persons awaiting transfer to mental health facility
59 Review of persons transferred from correctional centres
60 Effect of detention in mental health facility on sentence and parole
Division 4 Correctional patients
Subdivision 1 Review of correctional patients
61 Reviews by Tribunal of correctional patients
Subdivision 2 Leave of absence
62 Commissioner of Corrective Services to grant leave
63 Other leave of absence
Subdivision 3 Termination of status as correctional patient
64 Termination of classification as correctional patient
65 Classification as involuntary patient
66 Release from mental health facility on ceasing to be correctional patient
Division 5 Community treatment orders relating to forensic patients and correctional patients
67 Community treatment orders
68 Breach of orders for release
69 Apprehended person may seek reconsideration by Tribunal
70 Retaking of escapees
71 Aiding or permitting escape
72 Issue of warrants for apprehension of persons outside State
73 Forensic Division to exercise functions
74 Matters for consideration
75 Conditions that may be imposed by Tribunal on release or leave of absence
76 Tribunal may amend or impose conditions on release or leave orders on application of victims
76A Other matters relating to Tribunal functions
76B Treatment, care and detention of patients
76C Functions of Commissioner of Corrective Services and Director-General of Department of Attorney General and Justice
76D Security conditions for patients
76E Transfer and transport of patients
76F Appeals against decisions of Director-General
76G Planning for release and leave
76H Person who ceases to be forensic patient or correctional patient may become voluntary patient
76I Grants of leave do not affect sentences or limiting terms
76J Exchange of information
76K Duties of certain agencies
77 Regulations
77A Appeals against Tribunal decisions
77B Proceedings for offences
77C Orders for transfer of forensic patients
78 Savings and transitional provisions
Schedule 1 Savings and transitional provisions