Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 41

    (1)     If a person is declared to be liable to supervision under Part 5, the appropriate person must arrange to have prepared and filed with the court that made the declaration a report, prepared by a registered medical practitioner or registered psychologist, on the mental condition of the person containing—

        (a)     a diagnosis and prognosis of the condition or an outline of the person's behavioural problems; and

        (b)     the person's response to treatment, therapy or counselling (if any); and

        (c)     a suggested treatment or other plan for managing the condition.

    (2)     The report must be filed within 30 days after the declaration or within such longer period as the court allows.

    (3)     If a supervision order is made in relation to the person, the appropriate person must arrange to have prepared and filed with the court that made the order, at intervals of not more than 12 months for the duration of the order, a report containing—

        (a)     a statement of any treatment, therapy or counselling that the person has undergone, or any services that the person has received, since the making of the order or the last report; and

        (b)     any changes to the prognosis of the person's condition or the person's behavioural problems and the plan for managing the condition or problems.

S. 41(3A) inserted by No. 7/2002 s. 20.

    (3A)     The purpose of a report under subsection (3) is to assist the court in determining any application or undertaking any review in respect of the person to whom the report relates.

Note

Section 40(2)(b) requires the court to consider the report before it can make certain orders or other determinations in respect of the person to whom it relates.

S. 41(3B) inserted by No. 7/2002 s. 20.

    (3B)     The appropriate person must give the Attorney‑General a copy of each report filed with the court under subsection (3).

    (4)     In this section—

S. 41(4) def. of appropriate person amended by Nos 29/2010 s. 28, 26/2014 s. 439, 15/2015 ss 37(15), 38(2), 19/2019 s. 243.

appropriate person means—

        (a)     the Secretary to the Department of Justice and   Regulation if the person declared liable to supervision, or subject to a supervision order, is in custody in a prison; or

        (b)     the Secretary to the Department of Health and Human Services if the person is—

              (i)     in custody in a residential treatment facility or a designated mental health service; or

              (ii)     receiving treatment or services under a supervision order from—

    (A)     a residential treatment facility; or

    *     *     *     *     *

    (C)     a disability service provider; or

    (D)     a designated mental health service; or

    (E)     the Secretary to the Department of Health and Human Services.