Untitled document
Mental Health (Victorian Institute of Forensic
Mental Health) Act 1997
Act No. 77/1997
TABLE OF PROVISIONS
Section Page
1. Purpose 1 2. Commencement 1 3. Definitions 2 4. Objects of Principal Act 2 5. New Part 6A inserted in Mental Health Act 1986 2 PART 6A—VICTORIAN INSTITUTE OF FORENSIC MENTAL HEALTH 2 117A. Definitions 2
117B. Establishment of Institute 3 117C. Functions and powers of the Institute 3 117D. Institute is an approved mental health service 5 117E. Establishment of Council 5 117F. Constitution of Council 5
117G. Resignation and removal 6 117H. Clinical Director 7
117I. Chief executive officer 9 117J. Other staff 9
117K. Procedure of Council 10
117L. Validity of acts or decisions 11
117M. Immunity 11 117N. Directions 11 117O. Corporate plan 12
117P. Statement of corporate intent: contents 13 117Q. Corporate plan to be followed 14 117R. Nothing void merely because of non-compliance 14 117S. Council to give notice of significant events 14 117T. Reports to Minister 15
117U. Annual report 15
6. Amendment of Health Services Act 1988 15 17AB. Definition 15
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NOTES 16
i
Victoria
No. 77 of 1997
Mental Health (Victorian Institute of
Forensic Mental Health) Act 1997†
[Assented to 25 November 1997]
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to establish the
Victorian Institute of Forensic Mental Health.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
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(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1998, it
comes into operation on that day.
3. Definitions
No. 59/1986. Reprint No. 4
In section 3 of the Mental Health Act 1986, in as at 19 June 1997. the definition of "approved mental health service", after "section 94" insert ", including the Victorian Institute of Forensic Mental Health".
4. Objects of Principal Act
After section 4(1)(d) of the Mental Health Act
1986 insert—"(da) to establish a Victorian Institute of Forensic
Mental Health; and".
5. New Part 6A inserted in Mental Health Act 1986 After Part 6 of the Mental Health Act 1986 insert—
'PART 6A—VICTORIAN INSTITUTE OF
FORENSIC MENTAL HEALTH
117A. Definitions
In this Part—
"Council" means Victorian Institute of
Forensic Mental Health Council
established by section 117E;
"Institute" means Victorian Institute of
Forensic Mental Health established by
section 117B.
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117B. Establishment of Institute
(1) The Victorian Institute of Forensic Mental
Health is established.
(2) The Institute—
(a)
is a body corporate with perpetual succession;
(b) has an official seal;
(c) may sue and be sued;
(d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of the Institute affixed to a document and, until the contrary is proved, must
presume that it was duly affixed.
(4) The seal of the Institute must be kept in such custody as the Council directs and must not be used except as authorised by the Council.
117C. Functions and powers of the Institute
(1) The functions of the Institute are—
(a)
to provide, promote and assist in the provision and planning of forensic mental health and related services in Victoria and, as far as practicable, oversee and co-ordinate those services;
(b)
to provide clinical assessment services to courts, the Adult Parole Board and other relevant government agencies;
(c)
to provide inpatient and outpatient services and specialist treatment
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with a mental disorder;
(d) health services, service development
advice and planning services to
government and non-government
bodies in accordance with agreementsto provide clinical forensic mental the Institute;
(e) to provide specialist treatment and offences;
(f) to provide community education in Institute and forensic mental health generally;
(g) under-graduate and post-graduate
to provide, promote and assist in the in the field of forensic psychiatry;
(h) teaching of and training in clinical
forensic mental health within medical,to provide, promote and assist in the education programs;
(i) forensic mental health, forensic health,
to conduct research in the fields of associated fields;
(j)
any other functions conferred on the Institute by or under this or any other Act.
(2) The Institute has power to do all things
necessary or convenient to be done for, or in
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connection with, or as incidental to, the
performance of its functions.(3) Without limiting sub-section (2), the Institute has power—
(a)
to enter into agreements for services provided by the Institute;
(b)
to impose fees and charges for the provision of services;
(c)
to seek and accept funds from any person for the purposes of performing its functions.
117D. Institute is an approved mental health
service
The Institute is deemed to have been proclaimed to be an approved mental health service under section 94.
117E. Establishment of Council
(1) The Victorian Institute of Forensic Mental
Health Council is established.
(2) The Council—
(a)
is responsible for the management of the affairs of the Institute; and
(b)
may exercise the powers of the Institute.
117F. Constitution of Council
(1) The Council consists of—
(a) the Clinical Director of the Institute;
(b)
the chief executive officer of the Institute;
(c) a nominee of the Attorney-General;
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(d) a nominee of the Minister 1986;
(e) 6 other members, of whom—
(i) at least one is a fellow of the Royal Australian and New Zealand College of Psychiatrists;
(ii) at least one is a person who has knowledge of, or experience in, accountancy or financial
management;
(iii) at least one is appointed to represent the interests of patients.
(2) The members of the Council, other than the Clinical Director and the chief executive officer, are to be appointed by the Minister on the terms and conditions determined by the Minister and specified in the instrument of appointment.
(3) A member, other than the Clinical Director
or the chief executive officer, holds office
for the term, not exceeding 3 years, specified
in the instrument of appointment, but is
eligible for re-appointment.
(4) A member is not subject to the Public
Sector Management Act 1992 (except Part 9 or in accordance with Part 8) in respect of the office of member.
(5) The Minister must appoint one of the
members as chairperson of the Council.
117G. Resignation and removal
(1) A member of the Council, other than the Clinical Director or the chief executive
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officer, may resign by writing signed by that
person and delivered to the Minister.(2) The Minister may remove a member of the Council, other than the Clinical Director or the chief executive officer, from office if
satisfied that—
(a) the member is physically or mentally unable to fulfil the role of member; or (b) the member has been convicted of an offence, the commission of which, in the opinion of the Minister, makes the member unsuitable to be a member of the Council; or (c) the member has been absent, without leave of the Council, from all meetings of the Council held during a period of 6 months; or (d) the member is an insolvent under the Corporations Law.
117H. Clinical Director
(1) The Minister may appoint as Clinical
Director of the Institute—
(a) the person who holds the Chair in University; or
(b)
a person who holds a similar chair at another Victorian university; or
(c)
a qualified psychiatrist with experience in forensic psychiatry.
(2) The Clinical Director—
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(a) holds office for the term, not exceeding 5 years, specified in the instrument of appointment; (b) determined by the Minister and
holds office on the terms and conditions appointment;
(c) is eligible for re-appointment.
(3) The Clinical Director may resign by writing
signed by him or her and delivered to the
Minister.
(4) The Minister may remove the Clinical
Director from office if satisfied that—
(a) the Clinical Director is physically or functions of Clinical Director; or
(b) convicted of an offence, the
the Clinical Director has been the Minister, makes the Clinical Director unsuitable to hold office; or
(c) the Clinical Director has been absent, without leave of the Council, from all meetings of the Council held during a period of 6 months; or (d) the Clinical Director is an insolvent meaning of the Corporations Law.
(5) The functions of the Clinical Director are—
(a) to provide clinical care and services;
(b)
to promote and maintain the quality of clinical care and services provided by the Institute;
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(c) functions of the Institute and co-
to develop and maintain the research Institute;
(d)
to promote the role of the Institute in professional training and community education;
(e)
any other functions specified by the Minister.
117I. Chief executive officer
(1) The Council may appoint a person as the chief executive officer of the Institute.
(2) The chief executive officer holds office on the terms and conditions determined by the Council and specified in the instrument of
appointment.
(3) The chief executive officer is responsible to the Council for the following functions—
(a)
developing the corporate plans for the Institute;
(b)
ensuring the efficient and effective utilisation of resources by the Institute;
(c) service development and planning;
(d)
any other functions specified by the Council.
117J. Other staff
(1) The Council may employ any other staff
necessary for the performance of the
functions of the Institute.
(2) The terms and conditions of employment of staff of the Institute are as determined by the Council.
Mental Health (Victorian Institute of Forensic Mental Health)
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immediately before that employment, was an
officer or employee of the public service
employed exclusively in connection with the
functions of the forensic psychiatry service
in the Department of Human Services
continues to be an officer or employee of the
public service while an employee of the
Institute for the purposes of Part 2 of
Schedule 4 to the Public Sector
Management Act 1992 and that Part takes
effect as if a reference in it to the appropriate
Department Head were a reference to theSecretary.
(4) An employee of the Institute who,
immediately before employment, was an subject to that Act, to be such an officer while an employee of the Institute.
officer within the meaning of the State
117K. Procedure of Council
(1) The chairperson of the Council or, in his or
her absence, a member appointed by the
members present, must preside at a meeting
of the Council.
(2) The quorum of the Council is 6 members.
(3) A question arising at a meeting is determined
by a majority of votes and the person
presiding has a deliberative vote and, in the
case of an equality of votes, a second orcasting vote.
(4) The Council must ensure that accurate
minutes are kept of its meetings.
(5) Subject to this Act, the Council may regulate its own procedure.
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117L. Validity of acts or decisions
An act or decision of the Council is not invalid only because—
(a)
of a defect or irregularity in, or in connection with, the appointment of a member; or
(b) of a vacancy in the office of a member.
117M. Immunity
(1) A member of the Council is not personally
liable for anything done or omitted to be
done in good faith—
(a)
in the exercise of a power or the performance of a function or duty under this Act; or
(b)
in the reasonable belief that the act or omission was in the exercise of a power or performance of a function or duty under this Act.
(2) Any liability resulting from an act or
omission that would, but for sub-section (1),
attach to a member of the Council attachesinstead to the Institute.
117N. Directions
(1) The Minister may give to the Institute any written direction that he or she thinks fit.
(2) As soon as possible after a direction is given,
the Minister must cause a copy of it to be
published in the Government Gazette.
(3) The Institute must comply with a direction
given under this section, but an act or
decision of the Institute or the Council is not
invalid only because of a failure to comply
with such a direction.
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(1) The Council must prepare a corporate plan for the Institute for each financial year.
(2) The Council must give a copy of the
proposed plan to the Minister on or before 31
May in each year.(3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and must include—
(a)
a statement of corporate intent in accordance with section 117P;
(b)
a business plan containing such information as the Minister requires;
(c)
financial statements containing such information as the Minister requires.
(4) The Council must consider any comments on
the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.
(5) The Council must consult in good faith with the Minister following communication to it of the comments, must make such changes to
the plan as are agreed between the Minister
and the Council and must deliver the
completed plan to the Minister within 2
months after the commencement of the
financial year.(6) The plan, or any part of the plan, must not be
published or made available except for the
purposes of this Part without the prior
approval of the Council and the Minister.
(7) The plan may be modified at any time by the
Council with the agreement of the Minister.
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(8) If the Council, by written notice to the
Minister, proposes a modification of the plan, the Council may, within 14 days, make the modification unless the Minister, by written notice to the Council, directs the Council not to make it.
(9) The Minister may, from time to time, by
written notice to the Council, direct the statement of corporate intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving a direction under this section,
the Minister must consult with the Council
as to the matters to be referred to in the
notice.
(11) The Council must comply with a direction under this section.
(12) At any particular time, the statement of
corporate intent, the business plan or the
financial statements for the Institute are the
statements and plan last completed, with any
modifications or deletions made in
accordance with this Part.117P. Statement of corporate intent: contents Each statement of corporate intent must specify for the Institute, in respect of the financial year to which it relates and each of
the 2 following financial years, the following
information—(a) the business objectives of the Institute; (b) the main undertakings of the Institute;
(c)
the nature and scope of the activities to be undertaken by the Institute;
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(d)
the accounting policies to be applied in the accounts;
(e)
the performance targets and other measures by which the performance of the Institute may be judged in relation to the stated business objectives;
(f)
the kind of information to be provided to the Minister by the Institute during the course of those financial years;
(g)
such other matters as may be agreed on by the Minister and the Council from time to time.
117Q. Corporate plan to be followed
The Institute must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister to do otherwise.
117R. Nothing void merely because of non-
compliance
Nothing done by the Institute or the Council is void or unenforceable merely because the Institute or the Council has failed to comply with section 117O, 117P or 117Q.
117S. Council to give notice of significant events If the Council forms the opinion that matters have arisen—
(a) affect, achievement of the business
that may prevent, or significantly corporate plan; or
(b)
that may prevent, or significantly affect achievement of the targets under the plan—
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the Council must immediately notify the the opinion.
117T. Reports to Minister
The Minister may, in writing, require the that he or she requires.
117U. Annual report
In its annual report for a financial year under
Part 7 of the Financial Management Act1994, the Institute must include—
(a)
a copy of each direction given to it during that year under section 117N together with a statement of its response to the direction; and
(b)
a copy of the statement of corporate intent last completed.'.
| No. 49/1988. | 6. Amendment of Health Services Act 1988 |
| Reprint No. 3 | |
| as at 22 May | |
| 1997. Further | For section 17AB of the Health Services Act |
| amended by | 1988 substitute— |
| No. 17/1997. |
'17AB. Definition
In this Division, "agency" includes the established by section 117B of the Mental Health Act 1986 but does not include a privately-operated hospital.'.
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Mental Health (Victorian Institute of Forensic Mental Health)
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Act No. 77/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 8 October 1997
Legislative Council: 11 November 1997
The long title for the Bill for this Act was "to establish the Victorian
Institute of Forensic Mental Health, to amend the Health Services
Act 1988 and the Mental Health Act 1986 and for other purposes."
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