Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 47

Certificate of available services

47. Certificate of available services



(1) A court must request the Secretary to the Department of Human Services to
provide the court with a certificate of available services if the court is
considering-

   (a)  imposing a supervision order on a person; or



   (b)  making another order under this Act-

   (i)  that a person be placed in custody in an appropriate place; or

   (ii) that a person otherwise receive treatment or services in an
        appropriate place or services from a disability service provider
        within the meaning of the Disability Act 2006.

(2) A certificate of available services must-

   (a)  state whether or not there are facilities or services available for
        the custody, care or treatment of the person (as the case requires);
        and

   (b)  if there are, give an outline of those facilities or services.

(3) If there are no facilities or services available, the certificate may
contain any other options the Secretary considers it appropriate for the court
to consider in making the proposed order.

(4) The Secretary must provide a certificate to the court within 7 days after
receiving a request under subsection (1) or within such longer period as the
court allows.

(5) The court may require the Secretary to give evidence or to provide the
court with a further certificate to clarify or expand on the matters dealt
with in a certificate under this section.

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