Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 53AA

Warrant to arrest security patient absent without leave who leaves Victoria

53AA. Warrant to arrest security patient absent without leave who leaves
Victoria



(1) If at any time it appears to an appropriate person that a security
patient-

   (a)  is absent from an approved mental health service without leave of
        absence or special leave of absence; and

   (b)  is no longer in Victoria-

the appropriate person may apply to the Supreme Court, the County Court or the
Magistrates' Court for a warrant to arrest the security patient.

(2) If the court to which the application is made is satisfied by evidence on
oath, whether orally or by affidavit, of the matters specified in paragraphs
(a) and (b) of subsection (1), the court may order that a warrant to arrest be
issued against the security patient.

Note Under the Service and Execution of Process Act 1992 of the Commonwealth,
a person who is apprehended interstate under a warrant issued in Victoria is
to be taken before a magistrate in the place where the person is apprehended.
That Act provides for the magistrate to specify the place in Victoria to which
the person is then to be taken.

(3) In this section-

appropriate person means-

   (a)  the authorized psychiatrist or any person authorized by the authorized
        psychiatrist; or

   (b)  the Secretary; or

   (c)  the Secretary to the Department of Justice; or

   (d)  the chief psychiatrist or any person authorized by the chief
        psychiatrist.