Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 73D

Transfer of persons from Victoria to a participating State

73D. Transfer of persons from Victoria to a participating State



(1) A person who is subject to a supervision order may be transferred to a
participating State if-

   (a)  the transfer is permitted by or under a corresponding law in that
        participating State; and

   (b)  the Victorian Minister makes an order under this section authorising
        the transfer.

(2) The Victorian Minister may make an order under this section authorising a
transfer if-

   (a)  the chief psychiatrist has certified in writing that the transfer is
        for the benefit of the person subject to the supervision order; and

   (b)  the Victorian Minister is satisfied that the transfer is permitted by
        or under a corresponding law in the participating State; and

   (c)  the Victorian Minister is satisfied that-

   (i)  the person subject to the order has given informed consent to the
        transfer; or

   (ii) if the person is incapable of giving informed consent-his or her
        guardian has given informed consent to the transfer.

(3) On the transfer of a person from Victoria in accordance with an order
under this section, the supervision order to which the person is subject is in
force only if the person returns to Victoria and while the person is in
Victoria.