Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 16A

Transfer of prisoners subject to hospital security orders

16A. Transfer of prisoners subject to hospital security orders



(1) The Secretary to the Department of Justice may by an order under this
section transfer to an approved mental health service a person who is serving
a sentence in a prison under section 93A(7) of the Sentencing Act 1991 if-





   (a)  the Secretary is satisfied, by the production of a certificate of a
        psychiatrist, that-

   (i)  the person appears to be mentally ill; and

   (ii) the person's mental illness requires treatment and that treatment can
        be obtained by the person being subject to an order under this
        section; and

   (iii) because of the person's mental illness, the detention and treatment
        of the person in an approved mental health service is necessary for
        his or her health or safety (whether to prevent a deterioration in the
        person's physical or mental condition or otherwise) or for the
        protection of members of the public; and

   (b)  the Secretary has received a report from the authorised psychiatrist
        of the approved mental health service to which it is proposed to
        transfer the person-

   (i)  recommending that the transfer be made; and

   (ii) stating that there are facilities or services available in that
        service for the treatment of the person.

(2) An order under this section has effect as a hospital security order under
section 93A of the Sentencing Act 1991 for the unexpired portion of the
sentence of imprisonment.

Note Section 93A(5) of the Sentencing Act 1991 provides that a hospital
security order is sufficient authority for the detention of the person who is
subject to the order in an approved mental health service.