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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Mental Health Legislation (Commonwealth
Detainees) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF MENTAL HEALTH ACT 1986 3
3. Definition of "forensic patient" 3
4. Statement of patient's rights 3
5. Transfer of forensic patient to another approved mental health
service 3
PART 3--AMENDMENT OF CRIMES (MENTAL IMPAIRMENT
AND UNFITNESS TO BE TRIED) ACT 1997 4
6. Definitions 4
7. Warrant to arrest federal forensic patient who leaves Victoria 4
8. Application of Division 1 of Part 7 5
9. Leave of absence 5
10. Forensic Leave Panel 5
ENDNOTES 6
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551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 11 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Mental Health Act 1986 and the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997 with respect to
certain persons detained in approved mental health services under
Commonwealth legislation and for other purposes.
Mental Health Legislation
(Commonwealth Detainees) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Mental
Health Act 1986 and the Crimes (Mental
Impairment and Unfitness to be Tried) Act
5
1997 to provide for persons detained in approved
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551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004
Mental Health Legislation (Commonwealth Detainees) Act 2004
Act No.
Part 1--Preliminary
s. 2
mental health services under section 20BJ(1) or
20BM of the Crimes Act 1914 of the
Commonwealth to be treated as forensic patients
in all respects except access to extended leave.
Victorian Legislation Parliamentary Documents
2. Commencement
5
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
__________________
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551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004
Mental Health Legislation (Commonwealth Detainees) Act 2004
Act No.
Part 2--Amendment of Mental Health Act 1986
s. 3
See:
PART 2--AMENDMENT OF MENTAL HEALTH ACT 1986
Act No.
59/1986.
3. Definition of "forensic patient" Reprint No. 7
as at
Victorian Legislation Parliamentary Documents
In the definition of "forensic patient" in section 1 July 2002
and
3(1) of the Mental Health Act 1986, after amending
paragraph (ac) insert--
5 Act Nos
67/1998,
"(ad) a person detained in an approved mental 41/2002,
67/2003 and
health service under section 20BJ(1) or 76/2003.
20BM of the Crimes Act 1914 of the LawToday:
www.dms.
Commonwealth; or". dpc.vic.
gov.au
4. Statement of patient's rights
10
In section 18(1)(b) of the Mental Health Act
1986, after "relevant" insert "including, in the
case of a patient detained under section 20BJ(1)
or 20BM of the Crimes Act 1914 of the
Commonwealth, information as to his or her legal
15
rights and other entitlements under that Act".
5. Transfer of forensic patient to another approved
mental health service
(1) In section 53AB(1) of the Mental Health Act
1986, for "The chief" substitute "Subject to sub-
20
section (1A), the chief".
(2) After section 53AB(1) of the Mental Health Act
1986 insert--
"(1A) The chief psychiatrist cannot make an order
under sub-section (1) in respect of a forensic
25
patient detained under section 20BJ(1) or
20BM of the Crimes Act 1914 of the
Commonwealth but may recommend to the
Attorney-General for the Commonwealth the
making of an order under section 20BJ(2) or
30
20BM(7) (as the case requires) of that Act
varying the approved mental health service
in which the forensic patient is detained.".
__________________
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Mental Health Legislation (Commonwealth Detainees) Act 2004
Act No.
Part 3--Amendment of Crimes (Mental Impairment and Unfitness to be
s. 6
Tried) Act 1997
See: PART 3--AMENDMENT OF CRIMES (MENTAL
Act No.
IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997
65/1997.
Reprint No. 2
as at
Victorian Legislation Parliamentary Documents
6. Definitions
1 July 2002.
LawToday:
(1) In section 3(1) of the Crimes (Mental
www.dms.
Impairment and Unfitness to be Tried) Act
5 dpc.vic.
gov.au
1997 insert the following definition--
' "federal forensic patient" means a forensic
patient referred to in paragraph (ad) of the
definition of "forensic patient" in this sub-
section;'.
10
(2) In the definition of "forensic patient" in
section 3(1) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997, after
paragraph (ac) insert--
"(ad) a person detained in an approved mental
15
health service under section 20BJ(1) or
20BM of the Crimes Act 1914 of the
Commonwealth; or".
7. Warrant to arrest federal forensic patient who
leaves Victoria
20
(1) After section 30B(1) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997 insert--
"(1A) If at any time it appears to the Secretary to
the Department of Human Services that a
25
federal forensic patient--
(a) is absent without leave from an
approved mental health service; and
(b) is no longer in Victoria--
the Secretary may apply to the Supreme
30
Court, County Court or Magistrates' Court
for a warrant to arrest that patient.".
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Mental Health Legislation (Commonwealth Detainees) Act 2004
Act No.
Part 3--Amendment of Crimes (Mental Impairment and Unfitness to be
s. 8
Tried) Act 1997
(2) In section 30B(2) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, after "(1)" insert "or (1A)".
8. Application of Division 1 of Part 7
Victorian Legislation Parliamentary Documents
At the end of section 48 of the Crimes (Mental
5
Impairment and Unfitness to be Tried) Act
1997 insert--
"(2) The Division also applies in relation to
federal forensic patients.".
9. Leave of absence
10
(1) In section 49(d) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, before "extended" insert "except in the case
of a federal forensic patient,".
(2) At the end of section 56 of the Crimes (Mental
15
Impairment and Unfitness to be Tried) Act
1997 insert--
"(2) Despite anything to the contrary in this or
any other Act, a federal forensic patient is
not eligible to apply for, or be granted,
20
extended leave.".
10. Forensic Leave Panel
In section 60(a) of the Crimes (Mental
Impairment and Unfitness to be Tried) Act
1997, after "orders" insert "and by federal
25
forensic patients".
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Mental Health Legislation (Commonwealth Detainees) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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