South Australia
Criminal Law Consolidation (Mental Impairment) Amendment Bill 2016
A Bill For
An Act to amend the Criminal Law Consolidation Act 1935.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Criminal Law Consolidation Act 1935
4	Amendment of section 267A—Definitions
5	Amendment of section 269A—Interpretation
6	Amendment of section 269C—Mental competence
7	Amendment of section 269F—What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence
8	Amendment of section 269G—What happens if trial judge decides to proceed first with trial of objective elements of offence
9	Amendment of section 269M—What happens if trial judge decides to proceed first with trial of defendant's mental fitness to stand trial
10	Amendment of section 269N—What happens if trial judge decides to proceed first with trial of objective elements of offence
11	Insertion of Part 8A Division 3A
Division 3A—Disposition of persons with mental impairment charged with summary and minor indictable offences
Subdivision 1—Principle on which court is to act
269NA	Principle on which court is to act
Subdivision 2—Making, variation and revocation of Division 3A orders
269NB	Division 3A orders
269NC	Court may direct defendant to surrender firearm etc
269ND	Variation or revocation of condition of Division 3A order
Subdivision 3—Administrative detention for defendant released on licence under this Division
269NE	Administrative detention for defendant released on licence under this Division
269NF	Powers of police officers relating to persons in respect of whom an administrative detention order has been issued
Subdivision 4—Custody, supervision and care
269NG	Custody, supervision and care
Subdivision 5—Effect of supervening imprisonment on Division 3A order
269NH	Effect of supervening imprisonment on Division 3A order
12	Amendment of heading to Part 8A Division 4
13	Insertion of Part 8A Division 4 Subdivision 1
Subdivision 1—Principle on which court is to act
269NI	Principle on which court is to act
14	Insertion of heading to Part 8A Division 4 Subdivision 2
15	Amendment of section 269O—Supervision orders
16	Amendment of section 269OA—Court may direct defendant to surrender firearm etc
17	Amendment of section 269P—Variation or revocation of supervision order
18	Amendment of section 269Q—Report on mental condition of defendant
19	Amendment of section 269R—Reports and statements to be provided to court
20	Repeal of section 269S
21	Amendment of section 269T—Matters to which court is to have regard
22	Amendment of section 269U—Revision of supervision orders
23	Insertion of Part 8A Division 4 Subdivision 3
Subdivision 3—Continuing supervision orders
269UA	Application for continuing supervision
269UB	Continuing supervision orders
269UC	Variation or revocation of continuing supervision order
269UD	Appeal
Subdivision 4—Administrative detention for defendant released on licence under this Division
269UE	Administrative detention for defendant released on licence under this Division
269UF	Powers of police officers relating to persons in respect of whom an administrative detention order has been issued
24	Insertion of heading to Part 8A Division 4 Subdivision 5
25	Amendment of section 269V—Custody, supervision and care
26	Insertion of heading to Part 8A Division 4 Subdivision 6
27	Insertion of Part 8A Division 4A
Division 4A—Interstate transfer of persons subject to supervision order
269VB	Interpretation
269VC	Informed consent
269VD	Transfer of persons from South Australia to another participating jurisdiction
269VE	Transfer of persons from participating jurisdiction to South Australia
28	Amendment of section 269Y—Appeals
29	Amendment of section 269ZB—Arrest of person who escapes from detention etc

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Criminal Law Consolidation (Mental Impairment) Amendment Act 2016.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935
4—Amendment of section 267A—Definitions
Section 267A(1)—after the definition of drug insert:
intoxication means a temporary disorder, abnormality or impairment of the mind that results from the consumption or administration of a drug;
5—Amendment of section 269A—Interpretation
	(1)	Section 269A(1)—after the definition of authorised person insert:
consumption of a drug includes—
	(a)	injection of the drug (either by the person to whom the drug is administered or someone else); and
	(b)	inhalation of the drug; and
	(c)	any other means of introducing the drug into the body;
continuing supervision order—see section 269UB;
	(2)	Section 269A(1)—after the definition of defensible insert:
Division 3A order—see section 269NB;
drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;
	(3)	Section 269A(1), definition of intoxication—delete the definition and substitute:
intoxication means a temporary disorder, abnormality or impairment of the mind that results from the consumption or administration of a drug;
	(4)	Section 269A(1)—after the definition of judge insert:
limiting term for a supervision order—see section 269O;
medical practitioner means a registered medical practitioner or registered dentist;
	(5)	Section 269A(1), definition of mental impairment—delete "but does not include intoxication"
	(6)	Section 269A(1)—after the definition of objective element insert:
prescribed authority means—
	(a)	the person for the time being performing the duties, or holding or acting in the position, of the Clinical Director, Forensic Mental Health Service South Australia; or
	(b)	if no such position exists—the person declared by the regulations to be the prescribed authority for the purposes of this Part;
	(7)	Section 269A(1)—after the definition of psychiatrist insert:
recreational use of a drug—consumption of a drug is to be regarded as recreational use of the drug unless—
	(a)	the drug is administered against the will, or without the knowledge, of the person who consumes it; or
	(b)	the consumption occurs accidentally; or
	(c)	the person who consumes the drug does so under duress, or as a result of fraud or reasonable mistake; or
	(d)	the consumption is therapeutic;
self-induced—see subsections (3) and (4);
	(8)	Section 269A(1)—after the definition of supervision order insert:
therapeutic—the consumption of a drug is to be regarded as therapeutic if—
	(a)	the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or
	(b)	the drug—
	(i)	is a drug of a kind available, without prescription, from registered pharmacists; and
	(ii)	is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions;
	(9)	Section 269A—after subsection (2) insert:
	(3)	Intoxication resulting from the recreational use of a drug is to be regarded as self‑induced.
	(4)	If a person becomes intoxicated as a result of the combined effect of the therapeutic consumption of a drug and the recreational use of the same or another drug, the intoxication is to be regarded as self‑induced even though in part attributable to therapeutic consumption.
6—Amendment of section 269C—Mental competence
	(1)	Section 269C(b)—delete paragraph (b) and substitute:
	(b)	does not know that the conduct is wrong; that is, the person could not reason about whether the conduct, as perceived by reasonable people, is wrong; or
Note—
Paragraph (b) adopts the test as stated and excludes from consideration whether the defendant could reason with a moderate degree of sense and composure as set out in R v Porter (1936) 55 CLR 182.
	(2)	Section 269C(c)—before "unable" insert:
totally
	(3)	Section 269C—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
	(2)	If, on an investigation under this Division, a person is found to be mentally incompetent to commit an offence and the trial judge is satisfied, on the balance of probabilities, that the mental impairment at the time of the conduct alleged to give rise to the offence was caused (either wholly or in part) by self‑induced intoxication (whether the intoxication occurred at the time of the relevant conduct or at any other time before the relevant conduct), the person may not be dealt with under this Part but may (if appropriate) be dealt with under Part 8.
7—Amendment of section 269F—What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence
	(1)	Section 269F, subsection B(3)—delete "offence but" and substitute:
offence, and (subject to Division 3A)
	(2)	Section 269F, subsection B(3)—delete "this Part" and substitute:
Division 4 Subdivision 2
8—Amendment of section 269G—What happens if trial judge decides to proceed first with trial of objective elements of offence
	(1)	Section 269G, subsection B(3)(a)—delete "offence and" and substitute:
offence, and (subject to Division 3A)
	(2)	Section 269G, subsection B(3)(a)—delete "this Part" and substitute:
Division 4 Subdivision 2
	(3)	Section 269G, subsection B(5)(b)—after "not guilty of the offence, and" insert:
(subject to Division 3A)
	(4)	Section 269G, subsection B(5)(b)—delete "this Part" and substitute:
Division 4 Subdivision 2
9—Amendment of section 269M—What happens if trial judge decides to proceed first with trial of defendant's mental fitness to stand trial
	(1)	Section 269M, subsection B(2)—delete "effect and" and substitute:
effect, and (subject to Division 3A)
	(2)	Section 269M, subsection B(2)—delete "this Part" and substitute:
Division 4 Subdivision 2
10—Amendment of section 269N—What happens if trial judge decides to proceed first with trial of objective elements of offence
	(1)	Section 269N, subsection B(3)—delete "effect and" and substitute:
effect, and (subject to Division 3A)
	(2)	Section 269N, subsection B(3)—delete "this Part" and substitute:
Division 4 Subdivision 2
11—Insertion of Part 8A Division 3A
After section 269N insert:
Division 3A—Disposition of persons with mental impairment charged with summary and minor indictable offences
Subdivision 1—Principle on which court is to act
269NA—Principle on which court is to act
	(1)	The paramount consideration of the court in determining whether to release a defendant under this Division, or the conditions of a licence, must be to protect the safety of the community (whether as individuals or in general).
	(2)	The paramount consideration of the safety of the community outweighs the principle that restrictions on the defendant's freedom and personal autonomy should be kept to a minimum.
Subdivision 2—Making, variation and revocation of Division 3A orders
269NB—Division 3A orders
	(1)	This section applies in respect of a defendant who has been charged with a summary offence or a minor indictable offence in relation to which the court has found—
	(a)	on an investigation under Division 2—that the objective elements of the offence are established but the defendant is not guilty of the offence because the defendant was mentally incompetent to commit the offence; or
	(b)	on an investigation under Division 3—that the objective elements of the offence are established but the defendant is mentally unfit to stand trial for the offence.
	(2)	The court may—
	(a)	dismiss the charge and release the defendant unconditionally; or
	(b)	declare the defendant to be liable to supervision under Division 4 Subdivision 2; or
	(c)	make an order (a Division 3A order) releasing the defendant on licence for the period (which must not exceed 5 years) specified by the court in the licence; or
	(d)	adjourn the proceedings; or
	(e)	remand the defendant on bail; or
	(f)	make any other order that the court thinks fit.
	(3)	If a Division 3A order is made releasing the defendant on licence, the licence is subject to the following conditions:
	(a)	the conditions imposed by subsection (4);
	(b)	any other condition decided by the court and specified in the licence.
	(4)	Subject to this Act, every licence under subsection (2)(c) is subject to the following conditions:
	(a)	a condition prohibiting the defendant from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm;
	(b)	a condition requiring the defendant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by a person or body specified by the court.
	(5)	A court may only vary or revoke the conditions imposed by subsection (4) if the defendant satisfies the court, by evidence given on oath, that—
	(a)	there are cogent reasons to do so; and
	(b)	the possession of a firearm, ammunition or part of a firearm by the defendant does not represent an undue risk to the safety of the public.
	(6)	Without limiting the generality of subsection (3)(b), release on licence under a Division 3A order may, for example, be subject to—
	(a)	a condition that the defendant reside at specified premises; or
	(b)	a condition that the defendant be under the care of a responsible person (who must be specified in the licence); or
	(c)	a condition that the defendant undergo assessment or treatment (or both) relating to the defendant's mental condition; or
	(d)	a condition that the defendant be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982; or
	(e)	any other condition that the court thinks fit.
	(7)	For the purpose of assisting a court to determine proceedings under this Division, the court may require the Crown to provide the court with a report setting out, so far as reasonably ascertainable, the views of—
	(a)	the next of kin of the defendant; and
	(b)	the victim (if any) of the defendant's conduct.
269NC—Court may direct defendant to surrender firearm etc
	(1)	The court by which a defendant is declared to be liable to a Division 3A order may, in relation to the condition imposed by section 269NB(4)(a), direct the defendant to immediately surrender at a police station specified by the court any firearm, ammunition or part of a firearm owned or possessed by the defendant.
	(2)	No criminal liability attaches to a person to the extent that the person is complying with a direction under this section.
	(3)	The Commissioner of Police must deal with any surrendered firearm, ammunition or part of a firearm in accordance with the scheme set out in the regulations.
	(4)	No compensation is payable by the Crown or any other person in respect of the exercise of a function or power under this section.
	(5)	The regulations may provide for the payment, recovery or waiver of fees in respect of this section.
269ND—Variation or revocation of condition of Division 3A order
At any time during the period that a defendant is subject to a Division 3A order, the court may, on the application of the Crown, the defendant, the Parole Board, the Public Advocate or another person with a proper interest in the matter (including a person who has been specified in the licence as a responsible person), vary or revoke the order and, if the order is revoked, make, in substitution for the order, any other order that the court might have made under this Division in the first instance.
Subdivision 3—Administrative detention for defendant released on licence under this Division
269NE—Administrative detention for defendant released on licence under this Division
	(1)	If a defendant who has been released on licence under a Division 3A order has breached, or is likely to breach, a condition of the order, the prescribed authority may issue an order (an administrative detention order) that the defendant be detained in a specified place for a specified period (which must not exceed 14 days).
	(2)	An administrative detention order must—
	(a)	be directed to the Commissioner of Police and police officers generally; and
	(b)	be in writing in the form approved by the Minister.
	(3)	A person in respect of whom an administrative detention order has been issued who is taken into the care and control of a police officer under this Subdivision must be given a copy of the order as soon as practicable.
269NF—Powers of police officers relating to persons in respect of whom an administrative detention order has been issued
	(1)	This section applies to a person in respect of whom an administrative detention order has been issued under section 269NE.
	(2)	A police officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies:
	(a)	the police officer may take the person into the officer's care and control;
	(b)	the police officer may transport the person from place to place;
	(c)	the police officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;
	(d)	the police officer may enter and remain in a place where the officer reasonably suspects the person may be found;
	(e)	the police officer may use reasonable force to break into a place when that is reasonably required in order to take the person into the officer's care and control;
	(f)	the police officer may search the person's clothing or possessions and take possession of anything in the person's possession that the person may use to cause harm to the person's self or others or property.
	(3)	A police officer who takes the person into the officer's care and control must, as soon as practicable, transport the person, or arrange for the person to be transported by some other police officer, in accordance with the administrative detention order.
	(4)	The powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person.
	(5)	A search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence.
	(6)	Anything taken into the possession of a police officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law.
Subdivision 4—Custody, supervision and care
269NG—Custody, supervision and care
	(1)	If a defendant is committed to detention under this Division, the defendant is in the custody of the Minister and the Minister may give directions for the custody, supervision and care of the defendant the Minister considers appropriate.
	(2)	The Minister may—
	(a)	place the defendant under the custody, supervision and care of another; and
	(b)	if there is no practicable alternative—direct that a defendant be kept in custody in a prison.
	(3)	Supervisory responsibilities arising from conditions on which a person is released on licence are to be divided between the Parole Board and the Minister in the following way:
	(a)	the supervisory responsibilities are to be exercised by the Minister insofar as they relate to treating or monitoring the mental condition of the person; and
	(b)	the supervisory responsibilities are in all other respects to be exercised by the Parole Board.
	(4)	The Minister or the Parole Board (as the case may be) may delegate a power or function under this section—
	(a)	to a person for the time being performing particular duties or holding or acting in a particular position; or
	(b)	to any other person or body that, in the delegator's opinion, is competent to perform or exercise the relevant functions or powers.
	(5)	A delegation under subsection (4)—
	(a)	must be by instrument in writing; and
	(b)	may be absolute or conditional; and
	(c)	does not derogate from the ability of the delegator to act in any matter; and
	(d)	is revocable at will by the delegator.
Subdivision 5—Effect of supervening imprisonment on Division 3A order
269NH—Effect of supervening imprisonment on Division 3A order
	(1)	If a person who has been released on licence under this Division commits an offence while subject to the licence and is sentenced to imprisonment for the offence, the Division 3A order is suspended for the period the person is in prison serving the term of imprisonment.
	(2)	In determining when the term of a Division 3A order comes to an end, the period of a suspension under subsection (1) is not to be taken into account.
12—Amendment of heading to Part 8A Division 4
Heading to Part 8A Division 4—delete "Part" and substitute:
Division
13—Insertion of Part 8A Division 4 Subdivision 1
After the heading to Part 8A Division 4 insert:
Subdivision 1—Principle on which court is to act
269NI—Principle on which court is to act
	(1)	The paramount consideration of the court in determining whether to release a defendant under this Division, or the conditions of a licence, must be to protect the safety of the community (whether as individuals or in general).
	(2)	The paramount consideration of the safety of the community outweighs the principle that restrictions on the defendant's freedom and personal autonomy should be kept to a minimum.
14—Insertion of heading to Part 8A Division 4 Subdivision 2
Before section 269O insert:
Subdivision 2—Making, variation and revocation of supervision orders
15—Amendment of section 269O—Supervision orders
	(1)	Section 269O(1)—delete "this Part" wherever occurring and substitute in each case:
this Subdivision
	(2)	Section 269O(1)(b)(ii)(B)—delete subsubparagraph (B) and substitute:
	(B)	any other condition decided by the court and specified in the licence.
	(3)	Section 269O—after subsection (1) insert:
	(1aa)	Without limiting the generality of subsection (1)(b)(ii)(B), release on licence under a supervision order may, for example, be subject to—
	(a)	a condition that the defendant reside at specified premises; or
	(b)	a condition that the defendant undergo assessment or treatment (or both) relating to the defendant's mental condition; or
	(c)	a condition that the defendant be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982; or
	(d)	any other condition that the court thinks fit.
	(4)	Section 269O(1a)(a)—delete "Firearms Act 1977" and substitute:
Firearms Act 2015
16—Amendment of section 269OA—Court may direct defendant to surrender firearm etc
	(1)	Section 269OA(1)—delete "this Part" and substitute:
this Subdivision
	(2)	Section 269OA(1)—delete "surrender forthwith" and substitute:
immediately surrender
17—Amendment of section 269P—Variation or revocation of supervision order
	(1)	Section 269P(1)—delete "and, if the order is revoked, make, in substitution for the order, any other order that the court might have made under this Division in the first instance"
	(2)	Section 269P—after subsection (1) insert:
	(1a)	On an application under subsection (1), the court may do 1 or more of the following:
	(a)	confirm the present terms of the supervision order;
	(b)	vary the terms of the order;
	(c)	revoke the order and make in substitution for the order any other order that the court might have made under this Subdivision in the first instance;
	(d)	make any further order or direction that may be appropriate in the circumstances.
18—Amendment of section 269Q—Report on mental condition of defendant
Section 269Q(1)—delete "this Part" and substitute:
this Subdivision
19—Amendment of section 269R—Reports and statements to be provided to court
Section 269R—delete "this Division" wherever occurring and substitute in each case:
this Subdivision
20—Repeal of section 269S
Section 269S—delete the section
21—Amendment of section 269T—Matters to which court is to have regard
	(1)	Section 269T—delete "this Division" wherever occurring and substitute in each case:
this Subdivision
	(2)	Section 269T(2)(a)—delete paragraph (a) and substitute:
	(a)	has considered a report (an expert report) prepared by a psychiatrist or other appropriate expert who has personally examined the defendant, on—
	(i)	the mental condition of the defendant; and
	(ii)	the possible effects of the proposed action on the behaviour of the defendant; and
	(3)	Section 269T(2)—after paragraph (b) insert:
	(ba)	is satisfied, on the balance of probabilities, that the safety of the person or any member of the public will not be seriously endangered by the person's release; and
	(4)	Section 269T(2a)—delete subsection (2a) and substitute:
	(2a)	The court may, if it considers it necessary for the purpose of assisting the court to decide proceedings under this Subdivision, require further additional expert reports to be provided to the court.
22—Amendment of section 269U—Revision of supervision orders
	(1)	Section 269U(1)—delete "this Division" and substitute:
this Subdivision
	(2)	Section 269U(2)—delete subsection (2) and substitute:
	(2)	After allowing the Crown and the person subject to the order a reasonable opportunity to be heard on the application for review, the court may do 1 or more of the following:
	(a)	confirm the present terms of the supervision order;
	(b)	amend the order so that it ceases to provide for release on licence and provides instead for detention;
	(c)	amend the order by varying the conditions of the licence;
	(d)	make any further order or direction that may be appropriate in the circumstances.
23—Insertion of Part 8A Division 4 Subdivision 3
After section 269U insert:
Subdivision 3—Continuing supervision orders
269UA—Application for continuing supervision
	(1)	If a defendant is declared to be liable to supervision under Subdivision 2, whether before or after the commencement of this section, the Crown may, while the defendant remains liable to supervision, apply to the Supreme Court to have the defendant declared to be liable to supervision under a continuing supervision order.
	(2)	An application cannot be made under subsection (1) more than 12 months before the end of the limiting term fixed in respect of the relevant supervision order (and the limiting term will be taken to continue until the application is determined by the Court).
	(3)	The Court must give the defendant at least 14 days written notice of the date on which it intends to conduct the proceedings to determine the application.
	(4)	The Court must, before determining an application under this section, direct that 1 or more legally qualified medical practitioners (to be nominated by a prescribed authority for the purpose) inquire into the mental condition of the defendant and report to the Court on the mental condition of the defendant, including—
	(a)	a diagnosis and prognosis of the condition; and
	(b)	a suggested treatment plan for managing the defendant's condition.
	(5)	Each of the following persons is entitled to appear and be heard in proceedings under this section and must be afforded a reasonable opportunity to call and give evidence, to examine or cross‑examine witnesses, and to make submissions to the Court:
	(a)	the defendant (personally or by counsel);
	(b)	the Director of Public Prosecutions;
	(c)	with the permission of the Court—any other person with a proper interest in the matter.
	(6)	The Court may also take the following matters into consideration when determining an application under this section:
	(a)	any relevant remarks made by the court by which the defendant was declared to be liable to supervision under Subdivision 2;
	(b)	the behaviour of the defendant while under supervision;
	(c)	any treatment, care and rehabilitation of the defendant while under supervision;
	(d)	any reports tendered, and submissions made, to the Court under this section;
	(e)	the likelihood of the defendant committing an offence of a violent nature should the defendant no longer be liable to supervision;
	(f)	the character, antecedents, age, means and physical and mental condition of the defendant;
	(g)	the probable circumstances of the defendant should the defendant no longer be liable to supervision;
	(h)	any other matters that the Court thinks are relevant.
	(7)	If the Court is satisfied, on the balance of probabilities, that the defendant to whom the application relates could, if unsupervised, pose a serious risk to the safety of the community or a member of the community, the Court must declare that, on the expiry of the supervision order under Subdivision 2, the defendant is liable to continuing supervision under this Subdivision.
269UB—Continuing supervision orders
	(1)	If, under section 269UA, the Supreme Court declares a defendant to be liable to continuing supervision, the Court may make an order (a continuing supervision order)—
	(a)	committing the defendant to detention under this Subdivision; or
	(b)	releasing the defendant on licence.
	(2)	If a continuing supervision order is made releasing the defendant on licence, the licence is subject to the following conditions:
	(a)	the conditions imposed by subsection (3);
	(b)	any other condition decided by the Court and specified in the licence.
	(3)	Subject to this Act, every licence under this Subdivision is subject to the following conditions:
	(a)	a condition prohibiting the defendant from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015) or any part of a firearm;
	(b)	a condition requiring the defendant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by a person or body specified by the Court.
	(4)	Without limiting the generality of subsection (2)(b), release on licence under a continuing supervision order may, for example, be subject to—
	(a)	a condition that the defendant reside at specified premises; or
	(b)	a condition that the defendant undergo assessment or treatment (or both) relating to the defendant's mental condition; or
	(c)	a condition that the defendant be monitored by use of an electronic device approved under section 4 of the Correctional Services Act 1982; or
	(d)	any other condition that the Court thinks fit.
	(5)	The Court may only vary or revoke the conditions imposed by subsection (3) if the defendant satisfies the Court, by evidence given on oath, that—
	(a)	there are cogent reasons to do so; and
	(b)	the possession of a firearm, ammunition or part of a firearm by the defendant does not represent an undue risk to the safety of the public.
	(6)	A continuing supervision order remains in force against the defendant until the order is revoked by the Court.
269UC—Variation or revocation of continuing supervision order
	(1)	At any time after a continuing supervision order has been made in respect of a defendant, the Supreme Court may, on the application of the Crown, the defendant, the Parole Board, the Public Advocate or another person with a proper interest in the matter, vary or revoke the order.
	(2)	If the Court refuses an application by or on behalf of a defendant for variation or revocation of a continuing supervision order, a later application for variation or revocation of the order cannot be made by or on behalf of the defendant for 12 months or such greater or lesser period as the Court may direct on refusing the application.
269UD—Appeal
	(1)	An appeal lies to the Full Court against a decision by the Supreme Court—
	(a)	to make a declaration and order under this Subdivision; or
	(b)	not to make a declaration and order under this Subdivision.
	(2)	An appeal under this section may be instituted by the Crown or by the defendant.
	(3)	Subject to a contrary order of the Full Court, an appeal cannot be commenced after 10 days from the date of the decision against which the appeal lies.
	(4)	On an appeal, the Full Court—
	(a)	may—
	(i)	confirm or annul the decision subject to appeal; or
	(ii)	remit the decision subject to appeal to the Supreme Court for further consideration or reconsideration; and
	(b)	may make consequential or ancillary orders.
Subdivision 4—Administrative detention for defendant released on licence under this Division
269UE—Administrative detention for defendant released on licence under this Division
	(1)	If a defendant who has been released on licence under a supervision order or a continuing supervision order has breached, or is likely to breach, a condition of the order, the prescribed authority may issue an order (an administrative detention order) that the defendant be detained in a specified place for a specified period (which must not exceed 14 days).
	(2)	An administrative detention order must—
	(a)	be directed to the Commissioner of Police and police officers generally; and
	(b)	be in writing in the form approved by the Minister.
	(3)	A person in respect of whom an administrative detention order has been issued who is taken into the care and control of a police officer under this Subdivision must be given a copy of the order as soon as practicable.
269UF—Powers of police officers relating to persons in respect of whom an administrative detention order has been issued
	(1)	This section applies to a person in respect of whom an administrative detention order has been issued under section 269UE.
	(2)	A police officer may, subject to this section, exercise the following powers in relation to a person to whom this section applies:
	(a)	the police officer may take the person into the officer's care and control;
	(b)	the police officer may transport the person from place to place;
	(c)	the police officer may restrain the person and otherwise use force in relation to the person as reasonably required in the circumstances;
	(d)	the police officer may enter and remain in a place where the officer reasonably suspects the person may be found;
	(e)	the police officer may use reasonable force to break into a place when that is reasonably required in order to take the person into the officer's care and control;
	(f)	the police officer may search the person's clothing or possessions and take possession of anything in the person's possession that the person may use to cause harm to the person's self or others or property.
	(3)	A police officer who takes the person into the officer's care and control must, as soon as practicable, transport the person, or arrange for the person to be transported by some other police officer, in accordance with the administrative detention order.
	(4)	The powers conferred by this section continue to be exercisable as reasonably required for the purpose of enabling or facilitating the medical examination or treatment of the person.
	(5)	A search of a person must be carried out expeditiously and in a manner that avoids, as far as reasonably practicable, causing the person any humiliation or offence.
	(6)	Anything taken into the possession of a police officer under this section may be held for as long as is necessary for reasons of safety, but must otherwise be returned to the person from whom it was taken or dealt with according to law.
24—Insertion of heading to Part 8A Division 4 Subdivision 5
Before section 269V insert:
Subdivision 5—Custody, supervision and care
25—Amendment of section 269V—Custody, supervision and care
Section 269V(1)—delete "this Part" and substitute:
this Division
26—Insertion of heading to Part 8A Division 4 Subdivision 6
Before section 269VA insert:
Subdivision 6—Effect of supervening imprisonment on an order under Division 4
27—Insertion of Part 8A Division 4A
After section 269VA insert:
Division 4A—Interstate transfer of persons subject to supervision order
269VB—Interpretation
In this Division—
Chief Psychiatrist means the person appointed to the position of Chief Psychiatrist under the Mental Health Act 2009;
corresponding law means a law, or a part of a law, of another State or a Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Part;
corresponding Minister, in relation to a participating jurisdiction, means the Minister or Ministers of that jurisdiction who is or are responsible for the administration of the corresponding law of that jurisdiction;
guardian—a person is the guardian of another if the person is acting or appointed under any Act or law as the guardian of the other;
interstate supervision order means an order made under a corresponding law that corresponds or substantially corresponds to a supervision order;
participating jurisdiction means another State or a Territory of the Commonwealth in which a corresponding law is in force;
South Australian Minister means the Minister administering this Part or, if there is more than 1 Minister administering this Part, those Ministers acting jointly;
supervision order means—
	(a)	a Division 3A order; or
	(b)	a supervision order or a continuing supervision order made under Division 4.
269VC—Informed consent
For the purposes of this Division, a person is to be taken to have given informed consent to a transfer or interim disposition only if the person gives written consent to the transfer or disposition (as the case requires) after—
	(a)	the person has been given a clear explanation of the process involved in the transfer or disposition and the reasons for the transfer or disposition, containing sufficient information to enable the person to make a balanced judgment; and
	(b)	any relevant questions asked by the person have been answered and the person has understood the answers.
269VD—Transfer of persons from South Australia to another participating jurisdiction
	(1)	A person who is subject to a supervision order may be transferred to a participating jurisdiction if—
	(a)	the transfer is permitted under a corresponding law in that participating jurisdiction; and
	(b)	the South Australian Minister makes an order under this section authorising the transfer.
	(2)	The South Australian Minister may make an order under this section authorising a transfer if—
	(a)	the Chief Psychiatrist has certified in writing that the transfer is for the benefit of the person subject to the supervision order; and
	(b)	the South Australian Minister is satisfied that the transfer is permitted under a corresponding law in the participating jurisdiction; and
	(c)	the South Australian Minister is satisfied that—
	(i)	the person subject to the order has given informed consent to the transfer; or
	(ii)	if the person is incapable of giving informed consent—his or her guardian has given informed consent to the transfer.
	(3)	On the transfer of a person from South Australia in accordance with an order under this section, the supervision order to which the person is subject is in force only if the person returns to South Australia and while the person is in South Australia.
269VE—Transfer of persons from participating jurisdiction to South Australia
	(1)	A person who is subject to an interstate supervision order may be transferred to South Australia if—
	(a)	the transfer is permitted by or under a corresponding law in the participating jurisdiction in which the supervision order was made; and
	(b)	the South Australian Minister has agreed to the transfer and determined an interim disposition for the person.
	(2)	The South Australian Minister may agree to a transfer of a person to South Australia and determine an interim disposition if—
	(a)	the Chief Psychiatrist has certified in writing that the transfer is for the benefit of the person and there are facilities or services available for the custody, care or treatment of the person (as the case requires); and
	(b)	the South Australian Minister is satisfied that the transfer is necessary for the maintenance or re‑establishment of family relationships or relationships with people who can assist in supporting the person; and
	(c)	the South Australian Minister is satisfied that—
	(i)	the person subject to the order has given informed consent to the transfer and interim disposition; or
	(ii)	if the person is incapable of giving informed consent—his or her guardian has given informed consent to the transfer and interim disposition.
	(3)	The interim dispositions that the South Australian Minister may determine under this section are—
	(a)	that the person be released on licence as if the person were subject to a Division 3A order releasing the person on licence subject to the conditions imposed by section 269NB(4) and any other conditions imposed by the Minister; or
	(b)	that the person be detained as if the person were subject to a supervision order under Division 4 committing the person to detention; or
	(c)	that the person be released on licence as if the person were subject to a supervision order under Division 4 releasing the person on licence subject to the conditions imposed by section 269O(1a) and any other conditions imposed by the Minister.
	(4)	On the transfer of a person to South Australia under this section—
	(a)	if the interim disposition is that the person be detained—the person is to be so detained; and
	(b)	if the interim disposition is that the person be released on licence—the person is taken to have been so released on licence under a Division 3A order or a supervision order made under Division 4.
	(5)	Nothing in this section is to be taken as requiring the South Australian Minister to agree to a transfer of a person to South Australia.
28—Amendment of section 269Y—Appeals
Section 269Y(1)—delete "this Part" and substitute:
Division 3A or Division 4 Subdivision 2
29—Amendment of section 269ZB—Arrest of person who escapes from detention etc
Section 269ZB(1)—delete "member of the police force" and substitute:
police officer