Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 37C

Discharge of involuntary patients-hospital transfer orders

37C. Discharge of involuntary patients-hospital transfer orders

If the chief psychiatrist, having regard to the criteria in section 16(2)(a)
and (4), considers that the continued detention of a person in an approved
mental health service under a hospital transfer order is unnecessary, the
chief psychiatrist must, after advising the Secretary to the Department of
Justice, order that the person be discharged from the order and be returned to
a prison or other place of confinement (within the meaning of section 16).