Victorian Current Acts

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

    (1)     A person who is subject to an interstate supervision order may be transferred to Victoria if—

        (a)     the transfer is permitted by or under a corresponding law in the participating State in which the supervision order was made; and

        (b)     the Victorian Minister has agreed to the transfer and determined an interim disposition for the person.

    (2)     The Victorian Minister may agree to a transfer of a person to Victoria and determine an interim disposition if—

        (a)     the chief psychiatrist has certified in writing that the transfer is for the benefit of the person and there are facilities or services available for the custody, care or treatment of the person (as the case requires); and

        (b)     the Victorian Minister is satisfied that the transfer is necessary for the maintenance or re-establishment of family relationships or relationships with people who can assist in supporting the person; and

        (c)     the Victorian Minister is satisfied that—

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

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

    (3)     The interim dispositions that the Victorian Minister may determine under this section are—

        (a)     that the person be detained in an appropriate place determined by the Victorian Minister as if the person were subject to a custodial supervision order;

        (b)     that the person be absent on leave from an appropriate place determined by the Minister, on any conditions determined by the Minister, as if the person were subject to a custodial supervision order and had been granted extended leave.

Note to s. 73E(3) amended by Nos 23/2006 s. 237(3), 26/2014 s. 450(1), 19/2019 s. 246(1).

Note

An appropriate place is a designated mental health service or a residential treatment facility—see section 3.

    (4)     On the transfer of a person to Victoria under this section—

S. 73E(4)(a) amended by No. 26/2014 s. 450(2).

        (a)     if the interim disposition is that the person be detained in a designated mental health service—the person is to be so detained and is deemed to be a forensic patient;

S. 73E(4)(b) amended by Nos 23/2006 s. 237(4)(a), 19/2019 s. 246(2)(a).

        (b)     if the interim disposition is that the person be detained in a residential treatment facility—the person is to be so detained and is deemed to be a forensic resident;

S. 73E(4)(c) amended by No. 26/2014 s. 450(3).

        (c)     if the interim disposition is that the person be absent on leave from a designated mental health service—the person is deemed to be a forensic patient absent from the designated mental health service on extended leave;

S. 73E(4)(d) amended by Nos 23/2006 s. 237(4), 19/2019 s. 246(2)(b)(c).

        (d)     if the interim disposition is that the person be absent on leave from a residential treatment facility—the person is deemed to be a forensic resident absent from the residential treatment facility on extended leave.

    (5)     Nothing in this section is to be taken as requiring the Victorian Minister to agree to a transfer of a person to Victoria.

S. 73F inserted by No. 7/2002 s. 30.