Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 15E

Effect of person's detention etc. on restricted community treatment orders

15E. Effect of person's detention etc. on restricted community treatment
orders





(1) A restricted involuntary treatment order or restricted 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.



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(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 restricted community treatment
order, if any, (but not his or her restricted involuntary treatment order) on
the making of a hospital transfer order or restricted hospital transfer order
for the person.