Victorian Current Acts Victorian Current ActsS. 73P(1) amended by No. 15/2015 s. 37(33).
(1) Within 6 months after an international forensic patient has been received at a designated mental health service, the Secretary to the Department of Health and Human Services must apply to the Supreme Court for a review.
(2) The purpose of the review is to determine the appropriate disposition for the international forensic patient.
(3) The Supreme Court may undertake the review itself or refer the matter to the County Court.
(4) On a review, the court may—
(a) make a supervision order in respect of the international forensic patient as if the international forensic patient had been declared to be liable to supervision under Part 5; or
(b) order the international forensic patient to be released unconditionally.
(5) The court cannot make a supervision order that is more restrictive on the person's freedom and personal autonomy than the sentence of imprisonment within the meaning of the International Transfer of Prisoners Act 1997 of the Commonwealth to which the international forensic patient was subject, unless satisfied that the safety of the international forensic patient or members of the public would be seriously endangered if a more restrictive order is not made.
(6) If the court makes a supervision order, the court must set a nominal term for the order in accordance with section 28 as modified by section 73Q.
(7) If the court makes a custodial supervision order, the court may grant extended leave to the international forensic patient if the court could have granted the international forensic patient extended leave on an application under section 57.
S. 73Q inserted by No. 26/2014 s. 453.