Correctional patients

A correctional patient refers to a detainee at a correctional centre who requires transfer from a correctional centre to an approved mental health facility. They must have a mental illness and require inpatient mental health treatment and consent to such treatment.

Transfer of correctional patients

If the Chief Psychiatrist is satisfied a detainee has a mental illness that requires treatment, care or support in an approved mental health facility, and a mental health order or a forensic mental health order cannot be made in relation to the person, the Chief Psychiatrist can ask the Corrections Director General to transfer the detainee from a correction centre to an approved mental health facility.

Review of correctional patients

If a correctional patient under a transfer direction has not been transferred to an approved mental health facility, the ACT Civil & Administrative Tribunal (ACAT) must review the direction at the end of one month from when the direction was made and every month after that until the transfer is made or the order revoked.

For correctional patients who have been transferred to an approved mental health facility, the tribunal must review the transfer direction as soon as possible after the transfer.

If a person is detained, the person in charge of the approved mental health facility must advise the tribunal and the Public Advocate within 12 hours.