Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 46

Notification and discharge

46. Notification and discharge



(1) This section applies if-

   (a)  the Board exercises its power under section 44 to discharge a person
        as a security patient; or

   (b)  the chief psychiatrist exercises his or her power under section 45 to
        discharge a person as a security patient.

(2) The Board or the chief psychiatrist (as the case requires) must
immediately notify the Secretary to the Department of Justice.

(3) The person is discharged as a security patient-

   (a)  if an order has been made under section 74 of the Corrections Act 1986
        that the person be released on parole and the time for release has
        occurred-on the making of the order for discharge; or

   (b)  if not-on entering the legal custody of the Secretary to the
        Department of Justice.