Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 73D

    (1)     A person who is subject to a supervision order may be transferred to a participating State if—

        (a)     the transfer is permitted by or under a corresponding law in that participating State; and

        (b)     the Victorian Minister makes an order under this section authorising the transfer.

    (2)     The Victorian Minister may make an order under this section authorising a transfer if—

        (a)     the chief psychiatrist has certified in writing that the transfer is for the benefit of the person subject to the supervision order; and

        (b)     the Victorian Minister is satisfied that the transfer is permitted by or under a corresponding law in the participating State; and

        (c)     the Victorian Minister is satisfied that—

              (i)     the person subject to the order has given informed consent to the transfer; or

              (ii)     if the person is incapable of giving informed consent—his or her guardian has given informed consent to the transfer.

    (3)     On the transfer of a person from Victoria in accordance with an order under this section, the supervision order to which the person is subject is in force only if the person returns to Victoria and while the person is in Victoria.

S. 73E inserted by No. 7/2002 s. 30.