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20 June 2019

Amendments to Part 8A of the Criminal Law Consolidation Act 1935, the legislation that governs forensic mental health patients and forensic mental health orders came into force on Friday 14 June 2019.

Those amendments provide additional options to the Courts, the Minister and the Forensic Mental Health Service for the custody, supervision and care of forensic mental health patients. The amendments are as follows:

Administrative Detention Orders

Whereby the Forensic Mental Health Service can detain, for up to 14 days, a forensic patient released on licence into the community who is likely to or has breached their licence conditions.

Continuing Supervision Orders

Whereby, on application for patients who are assessed as likely to continue to pose a serious risk to the community or to a person when their original supervision order expires, the Supreme Court may make an order indefinitely continuing their detention or release on licence.

Interstate Transfer Orders

For the transfer of forensic patients from South Australia to other Australian jurisdictions.

Interim Dispositions

For the transfer of forensic patients from other Australian jurisdictions to South Australia.

FORMS, PROTOCOLS and FACTSHEETS to assist with the implementation of the amendments can be found here.