Crimes Act 1914
View history note
Hide history note[ CCH Note: S 20BK heading will be amended by No 33 of 2026, s 3 and Sch 1 item 33, by substituting " Commonwealth Parole Board " for " Attorney-General " , effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]
Where, under subsection 20BJ(1) , a court orders that a person be detained in safe custody in prison or in a hospital, the Attorney-General must, as soon as practicable after the person is so detained, consider (in this section called the initial consideration ) whether or not the person should be released from detention and must, while the person is in detention, reconsider the matter at least once in each period of 6 months after the initial consideration.
(2)
In considering whether a person should be released from custody the Attorney-General: (a) must obtain and consider:
(i) a report from a duly qualified psychiatrist or psychologist; and
(b) may obtain and consider such other reports as the Attorney-General considers necessary; and (c) must take into account any representations made to the Attorney-General by the person or on the person ' s behalf.
(ii) a report from another duly qualified medical practitioner; and
[ CCH Note: S 20BK will be amended by No 33 of 2026, s 3 and Sch 1 item 34, by substituting " Commonwealth Parole Board " for " Attorney-General " (wherever occurring), effective immediately after the commencement of Part 2 of the Commonwealth Parole Board Act 2026 . For transitional provisions, see note under s 19AKB .]
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