Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 41

Reports on mental condition of defendants

41. Reports on mental condition of defendants



(1) If a person is declared to be liable to supervision under Part 5, the
appropriate person must arrange to have prepared and filed with the court that
made the declaration a report, prepared by a registered medical practitioner
or registered psychologist, on the mental condition of the person containing-

   (a)  a diagnosis and prognosis of the condition or an outline of the
        person's behavioural problems; and

   (b)  the person's response to treatment, therapy or counselling (if any);
        and

   (c)  a suggested treatment or other plan for managing the condition.

(2) The report must be filed within 30 days after the declaration or within
such longer period as the court allows.

(3) If a supervision order is made in relation to the person, the appropriate
person must arrange to have prepared and filed with the court that made the
order, at intervals of not more than 12 months for the duration of the order,
a report containing-

   (a)  a statement of any treatment, therapy or counselling that the person
        has undergone, or any services that the person has received, since the
        making of the order or the last report; and

   (b)  any changes to the prognosis of the person's condition or the person's
        behavioural problems and the plan for managing the condition or
        problems.

(3A) The purpose of a report under subsection (3) is to assist the court in
determining any application or undertaking any review in respect of the person
to whom the report relates.

Note Section 40(2)(b) requires the court to consider the report before it can
make certain orders or other determinations in respect of the person to whom
it relates.

(3B) The appropriate person must give the Attorney-General a copy of each
report filed with the court under subsection (3).

(4) In this section-

appropriate person means-

   (a)  the Secretary to the Department of Justice if the person declared
        liable to supervision, or subject to a supervision order, is in
        custody in a prison; or



   (b)  the Secretary to the Department of Human Services if the person is-

   (i)  in custody in an approved mental health service or a residential
        service; or

   (ii) receiving treatment or services under a supervision order from an
        approved mental health service, a residential service, a contracted
        service provider or the Secretary to the Department of Human Services.