Appendix 2

A Full List of Functions Undertaken By the Chief Forensic Psychiatrist (CFP) under Acts Other Than the Mental Health Act 2013

Under the Criminal Justice (Mental Impairment) Act 1999, the Chief Forensic Psychiatrist’s functions include:

  • Applying to the Supreme Court for discharge of a restriction order under section  26
  • Reporting to the Court under section 26
  • Notifying the Attorney General of a defendant’s subsequent fitness to stand trial under section 29
  • Receiving notification that no further proceedings are to be taken against a defendant from the Attorney General under section 29
  • Supervising people on supervision orders under section 29A
  • Notifying the MHT of a patient’s objection to taking medication under section 29A
  • Applying to the court for variation or revocation of a supervision order under section 30
  • Reporting to the Court under section 30
  • Apprehending a person under section 31
  • Receiving notification that a person has been apprehended under section 31
  • Authorising the admission to an SMHU of a defendant for an additional period or periods under section 31
  • Reporting to the Court under section 35
  • Reporting to the Court under section 39
  • Reporting to the Court under section 39A
  • Authorising persons under section 41A

The Chief Forensic Psychiatrist’s functions under the Sentencing Act 1997 are to provide advice to the Court under section 72, report to the Court under section 75, and supervise a person subject to a supervision order under section 77A.

The Chief Forensic Psychiatrist’s functions under the Criminal Code Act 1924 are to report to the Court under section 348 and to apply to the Court for revocation of a restriction order under section 348.

The Chief Forensic Psychiatrist’s functions under the Corrections Act 1997 are to have input to a decision to admit a prisoner to the SMHU under section 36A, to require the Director, Corrective Services, to remove a prisoner or detainee who has been admitted to the SMHU from the SMHU under section 36A, and to supply to Parole Board with a report under section 74.

The Chief Forensic Psychiatrist’s functions under the Youth Justice Act 1997 include:

  • Reporting to the Court under section 105
  • Reporting to the Court under section 134A
  • Having input to the decision to admit a youth detainee to the SMHU under section 134A
  • Requiring the Secretary, Youth Justice to remove a youth detainee from the SMHU under section 134A