Victorian Consolidated Legislation

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

Transfer of persons from a participating State to Victoria

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



(1) A person who is subject to an interstate supervision order may be
transferred to Victoria if-

   (a)  the transfer is permitted by or under a corresponding law in the
        participating State in which the supervision order was made; and





   (b)  the Victorian Minister has agreed to the transfer and determined an
        interim disposition for the person.

(2) The Victorian Minister may agree to a transfer of a person to Victoria and
determine an interim disposition if-

   (a)  the chief psychiatrist has certified in writing that the transfer is
        for the benefit of the person and there are facilities or services
        available for the custody, care or treatment of the person (as the
        case requires); and

   (b)  the Victorian Minister is satisfied that the transfer is necessary for
        the maintenance or re-establishment of family relationships or
        relationships with people who can assist in supporting the person; and

   (c)  the Victorian Minister is satisfied that-

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

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

(3) The interim dispositions that the Victorian Minister may determine under
this section are-

   (a)  that the person be detained in an appropriate place determined by the
        Victorian Minister as if the person were subject to a custodial
        supervision order;





   (b)  that the person be absent on leave from an appropriate place
        determined by the Minister, on any conditions determined by the
        Minister, as if the person were subject to a custodial supervision
        order and had been granted extended leave.

Note An appropriate place is an approved mental health service, a residential
treatment facility or a residential institution-see section 3.

(4) On the transfer of a person to Victoria under this section-

   (a)  if the interim disposition is that the person be detained in an
        approved mental health service-the person is to be so detained and is
        deemed to be a forensic patient;

   (b)  if the interim disposition is that the person be detained in a
        residential treatment facility or a residential institution-the person
        is to be so detained and is deemed to be a forensic resident;

   (c)  if the interim disposition is that the person be absent on leave from
        an approved mental health service-the person is deemed to be a
        forensic patient absent from the approved mental health service on
        extended leave;

   (d)  if the interim disposition is that the person be absent on leave from
        a residential treatment facility or a residential institution-the
        person is deemed to be a forensic resident absent from the residential
        treatment facility or the residential institution on extended leave.

(5) Nothing in this section is to be taken as requiring the Victorian Minister
to agree to a transfer of a person to Victoria.