Criminal Justice (Mental Impairment) Act 1999 (Tas)

Criminal Justice (Mental Impairment) Act 1999

An Act to provide for procedures for dealing with persons who are unfit to stand trial or who are not guilty of offences owing to insanity and to amend the Criminal Code and the Sentencing Act 1997 [Royal Assent 14 May 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Criminal Justice (Mental Impairment) Act 1999 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – approved hospital has the same meaning as in the Mental Health Act 2013 ; authorised person means a person authorised by the Chief Psychiatrist to exercise the powers of an authorised person under this Act; Chief Psychiatrist has the same meaning as in the Mental Health Act 2013 ; controlling authority has the same meaning as in the Mental Health Act 2013 ; Director means the Director of Corrective Services; forensic order means a restriction order or supervision order; immediate family, in relation to a deceased victim, includes – (a) the spouse of the deceased victim; and (b) a parent, guardian or step-parent of the deceased victim; and (c) a child or stepchild of the deceased victim; and (d) a brother, sister, stepbrother or stepsister of the deceased victim; next of kin of a person means a person's spouse, parents, children, any other person who is the primary carer of the person, a person who is in a caring relationship, within the meaning of the Relationships Act 2003 , with the person or any other class of person prescribed by the regulations as the next of kin of a person; psychiatrist means a medical practitioner who – (a) is a Fellow of the Royal Australian and New Zealand College of Psychiatrists; or (b) holds specialist registration in the speciality of psychiatry; or (c) holds limited registration which enables the person to practise the speciality of psychiatry; regulations means regulations made and in force under this Act; restriction order has the meaning given by section 24 ; secure mental health unit has the same meaning as in the Mental Health Act 2013 ; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person; supervision order has the meaning given by section 29A ; treatment order has the same meaning as in the Mental Health Act 2013 ; Tribunal means the Tasmanian Civil and Administrative Tribunal; victim, in relation to an offence or conduct that would, but for the fact that the perpetrator has been found not guilty of the offence by reason of insanity or the fact that a finding to that effect has been made, have constituted an offence, means a person who has suffered significant mental or physical injury as a direct consequence of the offence or conduct and includes the immediate family of a deceased victim.