Victorian Current Acts Victorian Current ActsS. 47(1) amended by No. 23/2006 s. 237(2), substituted by No. 29/2010 s. 29(1), amended by No. 15/2015 s. 37(16)(a).
(1) A court must request the Secretary to the Department of Health and Human Services to provide the court with a certificate of available services if the court is considering—
(a) imposing a supervision order on a person—
S. 47(1)(a)(i) amended by Nos 15/2015 s. 37(16)(b)(i), 19/2019 s. 244(1).
(i) committing a person to custody in a designated mental health service or a residential treatment facility; or
S. 47(1)(a)(ii) amended by Nos 15/2015
s. 37
(16)(a)(b)(ii), 19/2019 s. 244(1), 39/2022 s. 817.
(ii) providing for a person to receive services in a designated mental health service or a residential treatment facility or from a disability services provider, a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022 or the Secretary to the Department of Health and Human Services; or
S. 47(1)(ab) inserted by No. 55/2014 s. 128(1).
(ab) imposing a supervision order on a child—
(i) committing the child to custody in a youth justice centre or a youth residential centre; or
S. 47(1)(ab)(ii) amended by Nos 15/2015 s. 37(16)(a)(c), 39/2022 s. 817.
(ii) providing for the child to receive services in a youth justice centre or a youth residential centre or from a disability services provider, a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022 or the Secretary to the Department of Health and Human Services; or
(b) making another order under this Act—
S. 47(1)(b)(i) amended by Nos 15/2015 s. 37(16)(d), 19/2019 s. 144(2).
(i) that a person be placed in custody in a designated mental health service or a residential treatment facility; or
S. 47(1)(b)(ii) amended by Nos 55/2014 s. 128(2)(a), 15/2015 s. 37(16)(a)(e), 19/2019 s. 144(3), 39/2022 s. 817.
(ii) that a person otherwise receive treatment or services in a designated mental health service, a residential treatment facility or from a disability services provider, a mental health and wellbeing service provider within the meaning of the Mental Health and Wellbeing Act 2022 or the Secretary to the Department of Health and Human Services; or
S. 47(1)(b)(iii) inserted by No. 55/2014 s. 128(2)(b).
(iii) that a child be placed in custody in a youth justice centre or a youth residential centre.
S. 47(1A) inserted by No. 29/2010 s. 29(1), amended by Nos 26/2014 s. 440, 55/2014 s. 128(3), repealed by No. 15/2015 s. 37(17).
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(2) A certificate of available services must—
(a) state whether or not there are facilities or services available for the custody, care or treatment of the person (as the case requires); and
(b) if there are, give an outline of those facilities or services.
S. 47(3) substituted by No. 29/2010 s. 29(2), amended by No. 15/2015 s. 37(18)(a).
(3) If there are no facilities or services available, the certificate may contain any other options that the Secretary to the Department of Health and Human Services considers appropriate for the court to consider in making the proposed order.
S. 47(4) amended by Nos 29/2010 s. 29(3), 15/2015 s. 37(18)(b).
(4) The Secretary to the Department of Health and Human Services must provide a certificate to the court within 7 days after receiving a request under subsection (1) or within such longer period as the court allows.
S. 47(5) amended by Nos 29/2010 s. 29(4), 15/2015 s. 37(18)(b).
(5) The court may require the
Secretary to the Department of Health and Human Services to give evidence or
to provide the court with a further certificate to clarify or expand on the
matters dealt with in a certificate under this section.
Part 7—Leave of absence
Division 1—Leave of absence
S. 48 amended by No. 44/2004 s. 8 (ILA s. 39B(1)).