Victorian Current Acts Victorian Current ActsS. 30B(1) substituted by No. 29/2010 s. 23(1), amended by No. 15/2015 s. 37(6)(a).
(1) If at any time it appears to a person having the supervision of a forensic patient under a custodial supervision order or to the Secretary to the Department of Health and Human Services that the forensic patient subject to the custodial supervision order—
S. 30B(1)(a) amended by No. 26/2014 s. 438(1).
(a) is absent without leave from a designated mental health service; and
(b) is no longer in Victoria—
the person having supervision or the Secretary to the Department of Health and Human Services may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest the patient.
S. 30B(1A) inserted by No. 44/2004 s. 7(1), substituted by No. 29/2010 s. 23(2), amended by No. 15/2015 s. 37(6)(a).
(1A) If at any time it appears to the Secretary to the Department of Health and Human Services that a federal forensic patient—
S. 30B(1A)(a) amended by No. 26/2014 s. 438(1).
(a) is absent without leave from a designated mental health service; and
(b) is no longer in Victoria—
the Secretary to the Department of Health and Human Services may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest that patient.
S. 30B(1B) inserted by No. 29/2010 s. 23(2), amended by No. 15/2015 s. 37(6)(b).
(1B) If at any time it appears to the Secretary to the Department of Health and Human Services that a forensic resident subject to a custodial supervision order—
S. 30B(1B)(a) amended by No. 19/2019 s. 242(1).
(a) is absent without leave from a residential treatment facility; and
(b) is no longer in Victoria—
the Secretary to the Department of Health and Human Services may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest that resident.
S. 30B(2) amended by Nos 44/2004 s. 7(2), 6/2018 s. 68(Sch. 2 item 36.1).
(2) If the court to which the application is made is satisfied by evidence on oath or by affirmation or by affidavit, of the matters specified in paragraphs (a) and (b) of subsection (1) or (1A), the court may order that a warrant to arrest be issued against the person subject to the order.
S. 30B(3) amended by Nos 29/2010 s. 23(3), 26/2014 s. 438(2), 19/2019 s. 242(2).
(3) When a person arrested under a warrant issued under this section is returned to Victoria, he or she is to be returned to the designated mental health service or residential treatment facility from which he or she was absent without leave.