5.2 - Notification of Director of Mental Health

Where Chapter 7 Part 2 applies, practitioners should apprise the Administrator of the authorised mental health service treating the person of the fact that the person is charged with a criminal offence, and, ensure that the Administrator is aware of their obligation under section 237(2) to inform the Director of Mental Health of the application of those provisions.

The Director must then immediately provide written confirmation of the application of Chapter 7 Part 2 to the Administrator. Upon receipt of that confirmation, sections 238 and 239 require the Administrator, within 21 days, to arrange for a psychiatric examination of the defendant, and to deliver an original copy of the ensuing report, to the Director of Mental Health. Under section 239A, the Director may order another examination by a different psychiatrist for consideration.