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The Criminal Law Consolidation Act 1935 (the CLCA) provides the powers and functions relating to forensic mental health patients and forensic mental health orders. The CLCA gives South Australian Courts the ability to determine if a person who committed an offence was incompetent to commit the offence or is unfit to stand trial, due to mental illness, intellectual disability or dementia.

The Chief Psychiatrist has delegated powers to make Ministerial Directions for forensic patients and has legislated powers to certify the interstate transfer of forensic patients. More broadly, the Chief Psychiatrist provides support and advice about the CLCA to the Forensic Mental Health Service and the Department for Health and Wellbeing.

See the SA Legislation website for the current version of the CLCA.

For more information contact the Forensic Mental Health Service on 8266 9600 or

The following documents are available to assist with the understanding and use of the CLCA.