Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 14E

Effect of person's detention in custody etc. on involuntary treatment orders and community treatment orders

14E. Effect of person's detention in custody etc. on involuntary treatment
orders and community treatment orders



(1) An involuntary treatment order or community treatment order has no effect
while a person subject to it is in custody under a sentence of imprisonment or
under any order of a court requiring the person to be held in custody.

(2) A community treatment order to which subsection (1) applies expires at the
time it would otherwise have expired under this Act despite any period during
which it has no effect.

Note See section 14(5) for the effect of the expiry of a community treatment
order on the person's involuntary treatment order.

(3) For the purposes of subsection (1), a person is in custody if the person
is held in-

   (a)  a prison; or

   (b)  a remand centre, youth residential centre or youth justice centre
        (within the meaning of the Children, Youth and Families Act 2005); or

   (c)  a police gaol within the meaning of the Corrections Act 1986.

(4) A person is discharged from his or her involuntary treatment order and
community treatment order (if any) on the making of a restricted involuntary
treatment order, hospital transfer order, hospital security order or
restricted hospital transfer order for the person.





Division 3-Persons convicted of criminal offences or in a prison