Review of a detention of a minor in a high security unit

If the Chief Psychiatrist has given approval for either of the following, the Tribunal must review the detention of the minor in the high security unit.

• for the Administrator of a high security unit to give consent for a minor to be transported to the high security unit for assessment treatment or care; or
• for the transfer of responsibility for a minor to a high security unit

When will the Tribunal review the detention?

The Tribunal must hold a hearing within 7 days of being notified of the Chief Psychiatrist’s approval. Should the detention continue, the Tribunal must hold hearings at intervals of no more than three months.

The Tribunal may also hold a hearing upon application by the minor or an interested person for a minor and also upon their own initiative.

The Tribunal will provide a written notice of hearing to the minor, the Administrator of the high secure unit and the Chief Psychiatrist. This notice will detail when and where the hearing will be.

What decisions can the Tribunal make?

The Tribunal must decide whether:

• the minor should continue to be detained in the high security unit; or
• responsibility for the minor should be transferred to an authorised mental health service that is not a high secure unit.