Sentencing (No. 2) (Amendment) Regulations 1996 (Vic)

Sentencing (No. 2) (Amendment) Regulations 1996

S.R. No. 46/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objective	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Substitution of new forms	2

Form 8—Assessment Order for admission to and detention in an

approved mental health service 2

Form 9—Certificate of psychiatrist for diagnosis, assessment and

treatment order, hospital order or hospital security order 3

Form 10—Report of authorized psychiatrist for diagnosis, assessment

and treatment order, hospital order or hospital security order 4

Form 11—Diagnosis, assessment and treatment order	5
Form 12—Hospital order	6
Form 13—Hospital security order	7

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NOTES 9

i

STATUTORY RULES 1996

S.R. No. 46/1996

Sentencing Act 1991

Sentencing (No. 2) (Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 18 June 1996

Responsible Minister:

JAN WADE

Attorney-General

A. WILTSHIRE

Acting Clerk of the Executive Council

1. Objective

The objective of these Regulations is to amend various forms in the Sentencing (No. 2) Regulations 1992 as a consequence of amendments to the Mental Health Act 1986.

2. Authorising provisions

These Regulations are made under sections 90, 91,

93 and 116 of the Sentencing Act 1991.

3. Commencement

These Regulations come into operation on the day
on which section 64 of the Mental Health
(Amendment) Act 1995 comes into operation.

Sentencing (No. 2) (Amendment) Regulations 1996

r. 4 S.R. No. 46/1996

4. Substitution of new forms

In the Sentencing (No. 2) Regulations 19921 for

Forms 8 to 13 substitute—

"Form 8

Regulation 14

ASSESSMENT ORDER FOR ADMISSION TO AND
DETENTION IN AN APPROVED MENTAL HEALTH

SERVICE

Ref. No.

Informant

of

Defendant

of

TO: The Authorised Psychiatrist of

an approved mental health service

1.       The defendant has been found guilty of the following offence:

2.       The Court is of the opinion that—

(a)	the defendant appears to be mentally ill and may require treatment for the illness; and
(b)	the treatment can be obtained by admission to and detention in an approved health service; and
(c)	because of the defendant's mental illness, the defendant should be admitted and detained for treatment as an involuntary patient for his or her health or safety (whether to prevent a deterioration in the defendant's physical or mental condition or otherwise) or for the protection of members of the public.

3.       The Court has received advice in writing from you that the service has the facilities to undertake an assessment of the defendant's suitability for a hospital order or hospital security order.

THE COURT ORDERS that the defendant be admitted to and detained in the
above approved mental health service as an involuntary patient for a period
of hours (not exceeding 72 hours) to enable an assessment to be made
of his or her suitability for an order under section 93 of the Sentencing Act
1991, and thereafter to be brought before this Court on at
am/pm.

Sentencing (No. 2) (Amendment) Regulations 1996

S.R. No. 46/1996 r. 4

_____________________________________________________________

CUSTODY OF DEFENDANT [To be completed as necessary]

[Full name in block letters]

employed by [insert employer's name] as [insert designation]

shall be responsible for taking the defendant—

(a)	to the approved mental health service named above; and
(b)	from the approved mental health service named above to the Court.

_____________________________________________________________
Dated: Day Month Year

Signature of Judge/Magistrate

____

Form 9

Regulation 15

CERTIFICATE OF PSYCHIATRIST FOR DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER, HOSPITAL

ORDER OR HOSPITAL SECURITY ORDER

Ref. No.

Date of hearing

To the Court

Full name of defendant

Defendant's address

_____________________________________________________________

I am a registered medical practitioner and psychiatrist.

I personally examined the defendant on at am/pm.

It is my opinion that—

(a)	the defendant appears to be mentally ill and to require treatment for the illness; and
(b)	the treatment can be obtained by admission to and detention in an approved mental health service; and
(c)	the defendant should be admitted as—

Sentencing (No. 2) (Amendment) Regulations 1996

r. 4 S.R. No. 46/1996

❏	an involuntary patient
❏	a security patient

for his or her health or safety (whether to prevent a deterioration in the
defendant's physical or mental condition or otherwise) or for the

protection of members of the public.

I base my opinion on the following facts:

_____________________________________________________________
Signature of certifying psychiatrist

[Full name in block letters]

[Full address]	Telephone No.
[Qualifications]	Date:
❏	Tick whichever applies

___

Form 10

Regulation 16

REPORT OF AUTHORISED PSYCHIATRIST FOR

DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER, HOSPITAL ORDER OR HOSPITAL SECURITY ORDER

Ref. No.

Date of hearing

To the Court

Full name of defendant

Defendant's address

I have read the certificate of Dr [full name] dated
concerning the defendant and I recommend that the defendant be admitted to

and detained in an approved mental health service—

❏ as an involuntary patient under section 91 of the Sentencing Act
1991 for diagnosis, assessment and treatment for a period not
exceeding 3 months.

Sentencing (No. 2) (Amendment) Regulations 1996

S.R. No. 46/1996 r. 4

❏	as an involuntary patient under section 93(1)(d) of the Sentencing Act 1991.
❏	as a security patient under section 93(1)(e) of the Sentencing Act 1991.

I [full name] am the authorised psychiatrist of the above approved mental health service.

[signature of authorised psychiatrist]

[Qualifications]	Telephone No.
Date:
❏ Tick whichever applies

___

Form 11

Regulation 17(1)

DIAGNOSIS, ASSESSMENT AND TREATMENT ORDER

Ref. No.

Informant

of

Defendant

of

TO:	The Authorised Psychiatrist of an approved mental
health service.

THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient to enable diagnosis, assessment and treatment for a period of (not exceeding 3 months) under section 91 of the Sentencing Act 1991.

Sentencing (No. 2) (Amendment) Regulations 1996

r. 4 S.R. No. 46/1996

_____________________________________________________________

CUSTODY OF DEFENDANT [To be completed as necessary]

[Full name in block letters]

employed by [insert employer's name] as [insert designation]

shall be responsible for taking the defendant—

❏	to the approved mental health service name above; and
❏	from the approved mental health service named above to the court.

_____________________________________________________________
Dated: Day Month Year

Signature of Judge/Magistrate

❏ Tick whichever applies

____

Form 12

Regulation 17(2)

HOSPITAL ORDER

Ref. No.

Informant

of

Defendant

of

TO:	The Authorised Psychiatrist of an approved mental
health service

THE COURT ORDERS that the defendant be admitted to and detained in the above approved mental health service as an involuntary patient under section 93(1)(d) of the Sentencing Act 1991.

Sentencing (No. 2) (Amendment) Regulations 1996

S.R. No. 46/1996 r. 4

____________________________________________________________

CUSTODY OF DEFENDANT [To be completed as necessary]

[Full name in block letters]

employed by [insert employer's name] as [insert designation]
shall be responsible for taking the defendant to the approved mental health

service named above.

_____________________________________________________________
Dated: Day Month Year

Signature of Judge/Magistrate

____

Form 13

Regulation 17(3)

HOSPITAL SECURITY ORDER

Ref. No.

Informant

of

Defendant

of

TO:	The Authorised Psychiatrist of an approved mental
health service.

THE COURT ORDERS that the defendant be admitted to and detained in the
above approved mental health service as a security patient under section

93(1)(e) of the Sentencing Act 1991 for a period of .

The non-parole period of is fixed.

_____________________________________________________________

CUSTODY OF DEFENDANT [To be completed as necessary]

[Full name in block letters]

employed by [insert employer's name] as [insert designation]
shall be responsible for taking the defendant to the approved mental health

service named above.

_____________________________________________________________

Sentencing (No. 2) (Amendment) Regulations 1996

r. 4 S.R. No. 46/1996

Dated: Day Month Year

Signature of Judge/Magistrate".

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Sentencing (No. 2) (Amendment) Regulations 1996

S.R. No. 46/1996

NOTES

1 S.R. No. 54/1992 as amended by S.R. No. 149/1993.