Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 45

Chief psychiatrist may order discharge

45. Chief psychiatrist may order discharge







(1) The chief psychiatrist may order that a person be discharged as a security
patient and returned to a prison or other place of confinement if the chief
psychiatrist is satisfied that the continued detention of the person as a
security patient is not 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.

(2) In exercising his or her power to discharge a person as a security
patient, the chief psychiatrist must have regard primarily to the person's
current mental condition and consider the patient's medical and psychiatric
history and social circumstances.