(1) A security resident detained in a residential treatment facility or residential institution under section 166 may at any time apply to VCAT for VCAT to make a recommendation to the Secretary that the security resident be transferred to a prison.
(2) If VCAT after receiving a report from the Secretary to the Department of Justice makes a recommendation for the transfer of a security resident to a prison, the Secretary may terminate the security order.
(3) If the Secretary terminates the security order under sub-section (2), the person is to be discharged as a security resident upon being placed in the legal custody of the Secretary to the Department of Justice under the Corrections Act 1986 .