187Interpretation of terms used in this Part

1. In this Part, unless the context otherwise requires,—

   compulsory treatment order means a compulsory treatment order made under Part 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992

   health assessor means a person who is—

   1. a practising psychiatrist who is a medical practitioner; or
   2. a health practitioner who is, or is deemed to be, registered with the Psychologists Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of psychology; or
   3. in the case of a trial in the Court Martial held overseas, a person approved by the Judge

   mentally disordered has the same meaning as it has in the Mental Health (Compulsory Assessment and Treatment) Act 1992

   patient means a person who is, or is deemed to be, subject to a compulsory treatment order

2. For the purposes of this Part, unfit to stand trial—

3. means an inability of the accused, due to mental impairment, to conduct a defence or to instruct counsel, or the member of the Armed Forces who is to defend the accused, to do so; and
4. includes an inability of the accused, due to mental impairment, to do any 1 or more of the following:
   1. to plead:
   2. to adequately understand the nature or purpose or possible consequences of the proceedings:
   3. to communicate adequately, for the purposes of conducting a defence, with counsel or the member of the Armed Forces who is to defend the person.

5. Where any person is ordered or directed under the provisions of this Act to be detained as a special patient or as a patient, the provisions of the Mental Health (Compulsory Assessment and Treatment) Act 1992 shall, subject to section 192 of this Act, apply to that person as if that person were a special patient or a patient within the meaning of that Act.