Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 38

When discharge of involuntary patient under section 16 takes effect

38. When discharge of involuntary patient under section 16 takes effect

If-







   (a)  the Board exercises its power under section 36A(2); or



   (b)  the chief psychiatrist exercises his or her power under section 37C-

to discharge a person as an involuntary patient, the Board or the chief
psychiatrist, as the case may be, must immediately notify the Secretary to the
Department of Justice and the person is discharged as an involuntary patient
upon entering the legal custody of the Secretary to the Department of Justice
under the Corrections Act 1986.