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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Mental Health (Victorian Institute of Forensic
Mental Health) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Objects of Principal Act 2
5. New Part 6A inserted in Mental Health Act 1986 2
PART 6A--VICTORIAN INSTITUTE OF FORENSIC
MENTAL HEALTH 2
117A. Definitions 2
117B. Establishment of Institute 3
117C. Functions and powers of the Institute 3
117D. Institute is an approved mental health service 5
117E. Establishment of Council 5
117F. Constitution of Council 5
117G. Resignation and removal 6
117H. Clinical Director 7
117I. Chief executive officer 9
117J. Other staff 9
117K. Procedure of Council 10
117L. Validity of acts or decisions 11
117M. Immunity 11
117N. Directions 11
117O. Corporate plan 12
117P. Statement of corporate intent: contents 13
117Q. Corporate plan to be followed 14
117R. Nothing void merely because of non-compliance 14
117S. Council to give notice of significant events 14
117T. Reports to Minister 15
117U. Annual report 15
6. Amendment of Health Services Act 1988 15
17AB. Definition 15
NOTES 16
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to establish the Victorian Institute of Forensic Mental Health, to
amend the Health Services Act 1988 and the Mental Health Act
1986 and for other purposes.
Mental Health (Victorian Institute of
Forensic Mental Health) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to establish the
Victorian Institute of Forensic Mental Health.
2. Commencement
5 (1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
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(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
5 not come into operation before 1 January 1998, it
comes into operation on that day.
No. 59/1986. 3. Definitions
Reprint No. 4
In section 3 of the Mental Health Act 1986, in
as at 19 June
1997.
the definition of "approved mental health service",
10 after "section 94" insert ", including the Victorian
Institute of Forensic Mental Health".
4. Objects of Principal Act
After section 4(1)(d) of the Mental Health Act
1986 insert--
15 "(da) to establish a Victorian Institute of Forensic
Mental Health; and".
5. New Part 6A inserted in Mental Health Act 1986
After Part 6 of the Mental Health Act 1986
insert--
20 'PART 6A--VICTORIAN INSTITUTE OF
FORENSIC MENTAL HEALTH
117A. Definitions
In this Part--
"Council" means Victorian Institute of
25 Forensic Mental Health Council
established by section 117E;
"Institute" means Victorian Institute of
Forensic Mental Health established by
section 117B.
30
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117B. Establishment of Institute
(1) The Victorian Institute of Forensic Mental
Health is established.
(2) The Institute--
5 (a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real
10 and personal property;
(e) may do and suffer all acts and things
that a body corporate may by law do
and suffer.
(3) All courts must take judicial notice of the
15 seal of the Institute affixed to a document
and, until the contrary is proved, must
presume that it was duly affixed.
(4) The seal of the Institute must be kept in such
custody as the Council directs and must not
20 be used except as authorised by the Council.
117C. Functions and powers of the Institute
(1) The functions of the Institute are--
(a) to provide, promote and assist in the
provision and planning of forensic
25 mental health and related services in
Victoria and, as far as practicable,
oversee and co-ordinate those services;
(b) to provide clinical assessment services
to courts, the Adult Parole Board and
30 other relevant government agencies;
(c) to provide inpatient and outpatient
services and specialist treatment
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programs to patients and other people
with a mental disorder;
(d) to provide clinical forensic mental
health services, service development
5 advice and planning services to
government and non-government
bodies in accordance with agreements
for services between those bodies and
the Institute;
10 (e) to provide specialist treatment and
support services to victims of criminal
offences;
(f) to provide community education in
relation to the services provided by the
15 Institute and forensic mental health
generally;
(g) to provide, promote and assist in the
under-graduate and post-graduate
instruction and training of professionals
20 in the field of forensic psychiatry;
(h) to provide, promote and assist in the
teaching of and training in clinical
forensic mental health within medical,
legal, general health and other
25 education programs;
(i) to conduct research in the fields of
forensic mental health, forensic health,
clinical forensic medicine and
associated fields;
30 (j) any other functions conferred on the
Institute by or under this or any other
Act.
(2) The Institute has power to do all things
necessary or convenient to be done for, or in
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connection with, or as incidental to, the
performance of its functions.
(3) Without limiting sub-section (2), the Institute
has power--
5 (a) to enter into agreements for services
provided by the Institute;
(b) to impose fees and charges for the
provision of services;
(c) to seek and accept funds from any
10 person for the purposes of performing
its functions.
117D. Institute is an approved mental health
service
The Institute is deemed to have been
15 proclaimed to be an approved mental health
service under section 94.
117E. Establishment of Council
(1) The Victorian Institute of Forensic Mental
Health Council is established.
20 (2) The Council--
(a) is responsible for the management of
the affairs of the Institute; and
(b) may exercise the powers of the
Institute.
25 117F. Constitution of Council
(1) The Council consists of--
(a) the Clinical Director of the Institute;
(b) the chief executive officer of the
Institute;
30 (c) a nominee of the Attorney-General;
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(d) a nominee of the Minister
administering the Corrections Act
1986;
5 (e) 6 other members, of whom--
(i) at least one is a fellow of the
Australian and New Zealand
Royal College of Psychiatrists;
(ii) at least one is a person who has
10 knowledge of, or experience in,
accountancy or financial
management;
(iii) at least one is appointed to
represent the interests of patients.
15 (2) The members of the Council, other than the
Clinical Director and the chief executive
officer, are to be appointed by the Minister
on the terms and conditions determined by
the Minister and specified in the instrument
20 of appointment.
(3) A member, other than the Clinical Director
or the chief executive officer, holds office
for the term, not exceeding 3 years, specified
in the instrument of appointment, but is
25 eligible for re-appointment.
(4) A member is not subject to the Public
Sector Management Act 1992 (except Part
9 or in accordance with Part 8) in respect of
the office of member.
30 (5) The Minister must appoint one of the
members as chairperson of the Council.
117G. Resignation and removal
(1) A member of the Council, other than the
Clinical Director or the chief executive
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officer, may resign by writing signed by that
person and delivered to the Minister.
(2) The Minister may remove a member of the
Council, other than the Clinical Director or
5 the chief executive officer, from office if
satisfied that--
(a) the member is physically or mentally
unable to fulfil the role of member; or
(b) the member has been convicted of an
10 offence, the commission of which, in
the opinion of the Minister, makes the
member unsuitable to be a member of
the Council; or
(c) the member has been absent, without
15 leave of the Council, from all meetings
of the Council held during a period of 6
months; or
(d) the member is an insolvent under
administration within the meaning of
20 the Corporations Law.
117H. Clinical Director
(1) The Minister may appoint as Clinical
Director of the Institute--
(a) the person who holds the Chair in
25 Forensic Psychiatry at Monash
University; or
(b) a person who holds a similar chair at
another Victorian university; or
(c) a qualified psychiatrist with experience
30 in forensic psychiatry.
(2) The Clinical Director--
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(a) holds office for the term, not exceeding
5 years, specified in the instrument of
appointment;
(b) holds office on the terms and conditions
5 determined by the Minister and
specified in the instrument of
appointment;
(c) is eligible for re-appointment.
(3) The Clinical Director may resign by writing
10 signed by him or her and delivered to the
Minister.
(4) The Minister may remove the Clinical
Director from office if satisfied that--
(a) the Clinical Director is physically or
15 mentally unable to perform the
functions of Clinical Director; or
(b) the Clinical Director has been
convicted of an offence, the
commission of which, in the opinion of
20 the Minister, makes the Clinical
Director unsuitable to hold office; or
(c) the Clinical Director has been absent,
without leave of the Council, from all
meetings of the Council held during a
25 period of 6 months; or
(d) the Clinical Director is an insolvent
under administration within the
meaning of the Corporations Law.
(5) The functions of the Clinical Director are--
30 (a) to provide clinical care and services;
(b) to promote and maintain the quality of
clinical care and services provided by
the Institute;
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(c) to develop and maintain the research
functions of the Institute and
co-ordinate service evaluation in the
Institute;
5 (d) to promote the role of the Institute in
professional training and community
education;
(e) any other functions specified by the
Minister.
10 117I. Chief executive officer
(1) The Council may appoint a person as the
chief executive officer of the Institute.
(2) The chief executive officer holds office on
the terms and conditions determined by the
15 Council and specified in the instrument of
appointment.
(3) The chief executive officer is responsible to
the Council for the following functions--
(a) developing the corporate plans for the
20 Institute;
(b) ensuring the efficient and effective
utilisation of resources by the Institute;
(c) service development and planning;
(d) any other functions specified by the
25 Council.
117J. Other staff
(1) The Council may employ any other staff
necessary for the performance of the
functions of the Institute.
30 (2) The terms and conditions of employment of
staff of the Institute are as determined by the
Council.
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(3) An employee of the Institute who,
immediately before that employment, was an
officer or employee of the public service
employed exclusively in connection with the
5 functions of the forensic psychiatry service
in the Department of Human Services
continues to be an officer or employee of the
public service while an employee of the
Institute for the purposes of Part 2 of
10 Schedule 4 to the Public Sector
Management Act 1992 and that Part takes
effect as if a reference in it to the appropriate
Department Head were a reference to the
Secretary.
15 (4) An employee of the Institute who,
immediately before employment, was an
officer within the meaning of the State
Superannuation Act 1988 continues,
subject to that Act, to be such an officer
20 while an employee of the Institute.
117K. Procedure of Council
(1) The chairperson of the Council or, in his or
her absence, a member appointed by the
members present, must preside at a meeting
25 of the Council.
(2) The quorum of the Council is 6 members.
(3) A question arising at a meeting is determined
by a majority of votes and the person
presiding has a deliberative vote and, in the
30 case of an equality of votes, a second or
casting vote.
(4) The Council must ensure that accurate
minutes are kept of its meetings.
(5) Subject to this Act, the Council may regulate
35 its own procedure.
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117L. Validity of acts or decisions
An act or decision of the Council is not
invalid only because--
(a) of a defect or irregularity in, or in
5 connection with, the appointment of a
member; or
(b) of a vacancy in the office of a member.
117M. Immunity
(1) A member of the Council is not personally
10 liable for anything done or omitted to be
done in good faith--
(a) in the exercise of a power or the
performance of a function or duty under
this Act; or
15 (b) in the reasonable belief that the act or
omission was in the exercise of a power
or performance of a function or duty
under this Act.
(2) Any liability resulting from an act or
20 omission that would, but for sub-section (1),
attach to a member of the Council attaches
instead to the Institute.
117N. Directions
(1) The Minister may give to the Institute any
25 written direction that he or she thinks fit.
(2) As soon as possible after a direction is given,
the Minister must cause a copy of it to be
published in the Government Gazette.
(3) The Institute must comply with a direction
30 given under this section, but an act or
decision of the Institute or the Council is not
invalid only because of a failure to comply
with such a direction.
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117O. Corporate plan
(1) The Council must prepare a corporate plan
for the Institute for each financial year.
(2) The Council must give a copy of the
5 proposed plan to the Minister on or before 31
May in each year.
(3) The proposed corporate plan must be in or to
the effect of a form approved by the Minister
and must include--
10 (a) a statement of corporate intent in
accordance with section 117P;
(b) a business plan containing such
information as the Minister requires;
(c) financial statements containing such
15 information as the Minister requires.
(4) The Council must consider any comments on
the proposed plan that are made to it by the
Minister within 2 months after the plan was
submitted to the Minister.
20 (5) The Council must consult in good faith with
the Minister following communication to it
of the comments, must make such changes to
the plan as are agreed between the Minister
and the Council and must deliver the
25 completed plan to the Minister within 2
months after the commencement of the
financial year.
(6) The plan, or any part of the plan, must not be
published or made available except for the
30 purposes of this Part without the prior
approval of the Council and the Minister.
(7) The plan may be modified at any time by the
Council with the agreement of the Minister.
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(8) If the Council, by written notice to the
Minister, proposes a modification of the
plan, the Council may, within 14 days, make
the modification unless the Minister, by
5 written notice to the Council, directs the
Council not to make it.
(9) The Minister may, from time to time, by
written notice to the Council, direct the
Council to include in, or omit from, a
10 statement of corporate intent, a business plan
or a financial statement of a specified kind,
any specified matters.
(10) Before giving a direction under this section,
the Minister must consult with the Council
15 as to the matters to be referred to in the
notice.
(11) The Council must comply with a direction
under this section.
(12) At any particular time, the statement of
20 corporate intent, the business plan or the
financial statements for the Institute are the
statements and plan last completed, with any
modifications or deletions made in
accordance with this Part.
25 117P. Statement of corporate intent: contents
Each statement of corporate intent must
specify for the Institute, in respect of the
financial year to which it relates and each of
the 2 following financial years, the following
30 information--
(a) the business objectives of the Institute;
(b) the main undertakings of the Institute;
(c) the nature and scope of the activities to
be undertaken by the Institute;
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(d) the accounting policies to be applied in
the accounts;
(e) the performance targets and other
measures by which the performance of
5 the Institute may be judged in relation
to the stated business objectives;
(f) the kind of information to be provided
to the Minister by the Institute during
the course of those financial years;
10 (g) such other matters as may be agreed on
by the Minister and the Council from
time to time.
117Q. Corporate plan to be followed
The Institute must act only in accordance
15 with its corporate plan, as existing from time
to time, unless it has first obtained the
written approval of the Minister to do
otherwise.
117R. Nothing void merely because of non-
20 compliance
Nothing done by the Institute or the Council
is void or unenforceable merely because the
Institute or the Council has failed to comply
with section 117O, 117P or 117Q.
25 117S. Council to give notice of significant events
If the Council forms the opinion that matters
have arisen--
(a) that may prevent, or significantly
affect, achievement of the business
30 objectives of the Institute under the
corporate plan; or
(b) that may prevent, or significantly affect
achievement of the targets under the
plan--
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the Council must immediately notify the
Minister of its opinion and the reasons for
the opinion.
5 117T. Reports to Minister
The Minister may, in writing, require the
Institute to give the Minister any information
that he or she requires.
117U. Annual report
10 In its annual report for a financial year under
Part 7 of the Financial Management Act
1994, the Institute must include--
(a) a copy of each direction given to it
during that year under section 117N
15 together with a statement of its
response to the direction; and
(b) a copy of the statement of corporate
intent last completed.'.
No. 49/1988.
6. Amendment of Health Services Act 1988
Reprint No. 3
20 For section 17AB of the Health Services Act as at 22 May
1997. Further
1988 substitute-- amended by
No. 17/1997.
'17AB. Definition
In this Division, "agency" includes the
Victorian Institute of Forensic Mental Health
25 established by section 117B of the Mental
Health Act 1986 but does not include a
privately-operated hospital.'.
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Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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