Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 44

Board may order discharge

44. Board may order discharge

On hearing an appeal or review, the Board may order that a person be
discharged as a security patient and returned to a prison or other place of
confinement if the Board is not satisfied that the continued detention of the
person as a security patient is necessary, having regard to the clinical
guidelines (if any) under section 43A and-

   (a)  if the person is subject to a restricted hospital transfer order-the
        criteria specified in section 16(2)(a) and (4); or

   (b)  if the person is subject to a hospital security order-the criteria
        specified in section 93A(1)(a) of the Sentencing Act 1991.