Victorian Consolidated Legislation

Disability Act 2006 - SECT 237

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

237. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997



(1) In section 3(1) of the Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997-

(a) the definition of "contracted service provider" is repealed;

(b) for the definition of "forensic resident" substitute-

"forensic resident means a person who is-

   (a)  remanded in custody in a residential treatment facility or a
        residential institution; or

   (b)  committed to custody in a residential treatment facility or a
        residential institution by a supervision order; or

   (c)  detained in a residential treatment facility or a residential
        institution under section 30(2) or 30A(3); or

   (d)  deemed to be a forensic resident by section 73E(4) or 73K(8); or

   (e)  transferred from a prison to a residential treatment facility or a
        residential institution under section 180 of the
        Disability Act 2006;";

(c) for the definition of "residential service" substitute-

"residential institution has the same meaning as it has in section 3(1) of the
Disability Act 2006; residential treatment facility has the same meaning as it
has in section 3(1) of the Disability Act 2006;".

(2) In section 47(1)(b)(ii) of the Crimes (Mental Impairment and Unfitness to
be Tried) Act 1997 for "contracted service provider or the Secretary to the
Department of Human Services" substitute "disability service provider within
the meaning of the Disability Act 2006".

(3) In the note at the foot of section 73E(3) of the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 for "or a residential service" substitute
", a residential treatment facility or a residential institution".

(4) In section 73E(4) of the Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997-

(a) in paragraphs (b) and (d) for "a residential service" substitute "a
residential treatment facility or a residential institution";

(b) in paragraph (d) for "the residential service" substitute "the residential
treatment facility or the residential institution".

(5) In section 73K(8)(b) of the Crimes (Mental Impairment and Unfitness to be
Tried) Act 1997 for "residential service" substitute "residential treatment
facility or a residential institution".