Victorian Consolidated Legislation

Disability Act 2006 - SECT 180

Transfer of persons detained in prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

180. Transfer of persons detained in prison under the Crimes (Mental
Impairment and Unfitness to be Tried) Act 1997



(1) The Secretary to the Department of Justice may, by order, transfer a
person who-

   (a)  is detained in a prison whether on remand or under a supervision order
        under the Crimes (Mental Impairment and Unfitness to be Tried) Act
        1997; and

   (b)  is a person who has an intellectual disability-

to a residential treatment facility or residential institution as a
forensic resident.

(2) The Secretary to the Department of Justice must not transfer a person
under subsection (1) unless-

   (a)  the Secretary to the Department of Justice has received a statement
        that the person has an intellectual disability and a treatment plan
        from the Secretary; and

   (b)  the Secretary to the Department of Justice is satisfied as to the
        matters specified in subsection (7); and

   (c)  the Secretary has agreed to accept the person as a forensic resident
        in the residential treatment facility or residential institution
        specified in the transfer order.

(3) The Secretary to the Department of Justice may make an interim order to
enable the Secretary to assess whether the person specified in the order has
an intellectual disability.

(4) A person in respect of whom an interim order is made may be conveyed to
and detained in a residential treatment facility or residential institution
for the period, not exceeding 28 days, specified in the interim order.

(5) On the application of the Secretary, the Secretary to the Department of
Justice may extend the duration of an interim order for a further period not
exceeding 28 days.

(6) If the Secretary issues a statement that a person has an
intellectual disability under this section, the Secretary must prepare a
treatment plan in respect of that person.

(7) The Secretary to the Department of Justice must be satisfied that the
making of a transfer order is in the best interests of the person or the
community having regard to-

   (a)  whether any physical, mental or emotional risk to which the person has
        been or may be exposed if detained in a prison is significantly
        greater than the risk to which a person who does not have an
        intellectual disability would be exposed; and

   (b)  whether the person would be more appropriately placed in a residential
        treatment facility or residential institution instead of a prison; and

   (c)  any other matters the Secretary to the Department of Justice considers
        relevant.

(8) If a person who is on remand is transferred to a residential treatment
facility or residential institution under this section, the Secretary to the
Department of Justice must notify the Director of Public Prosecutions of the
transfer.