Document ID: chunk:federal_register_of_legislation:C2004A03935:body:0:p44
Version: federal_register_of_legislation:C2004A03935
Segment Type: other
Provision Reference: 
Character Range: 106038–108796

"(3) Where, for urgent medical or security reasons it becomes necessary to do so, an officer of the State or Territory in which a person is detained under this section may vary the prison or hospital at which the person is detained but, where the officer does so, the officer must forthwith notify the Attorney-General, in writing, of the variation and of the reasons for the variation-

"(4) Despite subsection (1), the court may, if in the court's opinion it is more appropriate to do so than to make an order under subsection (1), order the person's release from custody either absolutely or subject to

conditions to apply for such period as the court specifies in the order, not exceeding 3 years.

"(5) The conditions may include:

(a) a condition that the person remain in the care of a responsible person nominated in the order; and

   (b) a condition that the person attend upon a person nominated, or at a place specified, in the order for assessment of the person's mental illness, mental condition or intellectual disability and, where appropriate, for treatment.

"(6) Where a person has been released from custody subject to conditions, the person or the Director of Public Prosecutions may, at any time, apply to the court to vary those conditions.

Review by Attorney-General

"20bk. (1) Where, under subsection 20bj (1), a court orders that a person be detained in safe custody in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so detained, consider (in this section called the 'initial consideration') whether or not the person should be released from detention and must, while the person is in detention, reconsider the matter at least once in each period of 6 months after the initial consideration.

"(2) In considering whether a person should be released from custody the Attorney-General:

(a) must obtain and consider:

(i) a report from a duly qualified psychiatrist or psychologist; and

(ii) a report from another duly qualified medical practitioner; and

(b) may obtain and consider such other reports as the Attorney-General considers necessary; and

   (c) must take into account any representations made to the Attorney- General by the person or on the person's behalf.

Attorney-General may order release

"20bl. (1) The Attorney-General may, after considering under subsection 20bk (1) whether or not the person should be released from custody, order that the person be released from custody.

"(2) The Attorney-General must not order a person's release from detention unless the Attorney-General is satisfied that the person is not a threat or danger either to himself or herself or to the community.

"(3) An order:

(a) must be in writing; and

    (b) remains in force for