Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 17

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

17. Transfer of persons detained in prison under 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 under the Crimes (Mental Impairment and
        Unfitness to be Tried) Act 1997 (whether on remand or under a
        supervision order made under that Act); and

   (b)  appears to be mentally ill-

to an approved mental health service as a forensic patient.

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

   (a)  the Secretary to the Department of Justice has received a certificate
        by a psychiatrist and is satisfied that-

   (i)  the person appears to be mentally ill and to require treatment for
        that illness; and

   (ii) the treatment can be obtained by admission to and detention in an
        approved mental health service; and

   (iii) because of that person's mental illness, the person should be
        admitted and detained for treatment 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 to the Department of Justice has received a report from
        the authorised psychiatrist of the approved mental health service to
        which it is proposed to admit the person which recommends that the
        transfer be made.

(3) In determining whether to transfer a person under subsection (1), the
Secretary to the Department of Justice must have regard to the public interest
and all the circumstances of the case including the person's psychiatric
history.