Untitled document

Mental Health Legislation (Commonwealth Detainees) Act 2004

Act No. 44/2004

table of provisions

Section  Page

Part 1—Preliminary

1.Purpose

2.Commencement

Part 2—Amendment of Mental Health Act 1986

3.Definition of "forensic patient"

4.Statement of patient's rights

5.Transfer of forensic patient to another approved mental health service

Part 3—Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

6.Definitions

7.Warrant to arrest federal forensic patient who leaves Victoria

8.Application of Division 1 of Part 7

9.Leave of absence

10.Forensic Leave Panel

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Endnotes

Mental Health Legislation (Commonwealth Detainees) Act 2004

[Assented to 16 June 2004]

The Parliament of Victoria enacts as follows:

Part 1Preliminary—

1.Purpose

The purpose of this Act is to amend the Mental Health Act 1986 and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 to provide for persons detained in approved mental health services under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth to be treated as forensic patients in all respects except access to extended leave.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

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Part 2Amendment of Mental Health Act 1986—

3.Definition of "forensic patient"

In the definition of "forensic patient" in section 3(1) of the Mental Health Act 1986, after paragraph (ac) insert—

"(ad)a person detained in an approved mental health service under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth; or".

4.Statement of patient's rights

In section 18(1)(b) of the Mental Health Act 1986, after "relevant" insert "including, in the case of a patient detained under section 20BJ(1)

or 20BM of the Crimes Act 1914 of the Commonwealth, information as to his or her legal rights and other entitlements under that Act".

5.Transfer of forensic patient to another approved mental health service

(1)In section 53AB(1) of the Mental Health Act 1986, for "The chief" substitute "Subject to sub-section (1A), the chief".

(2)After section 53AB(1) of the Mental Health Act 1986 insert—

"(1A)The chief psychiatrist cannot make an order under sub-section (1) in respect of a forensic patient detained under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth but may recommend to the Attorney-General for the Commonwealth the making of an order under section 20BJ(2) or 20BM(7) (as the case requires) of that Act varying the approved mental health service in which the forensic patient is detained.".

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Part 3Amendment of Crimes (Mental Impairment and Unfitness to be Tried) Act 1997—

6.Definitions

(1)In section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert the following definition—

' "federal forensic patient" means a forensic patient referred to in paragraph (ad) of the definition of "forensic patient" in this sub-section;'.

(2)In the definition of "forensic patient" in section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after paragraph (ac) insert—

"(ad)a person detained in an approved mental health service under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth; or".

7.Warrant to arrest federal forensic patient who leaves Victoria

(1)After section 30B(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert—

"(1A)If at any time it appears to the Secretary to the Department of Human Services that a federal forensic patient—

(a)is absent without leave from an approved mental health service; and

(b)is no longer in Victoria—

the Secretary may apply to the Supreme Court, County Court or Magistrates' Court for a warrant to arrest that patient.".

(2)In section 30B(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "(1)" insert "or (1A)".

8.Application of Division 1 of Part 7

At the end of section 48 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert—

"(2)The Division also applies in relation to federal forensic patients.".

9.Leave of absence

(1)In section 49(d) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, before "extended" insert "except in the case of a federal forensic patient,".

(2)At the end of section 56 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 insert—

"(2)Despite anything to the contrary in this or any other Act, a federal forensic patient is not eligible to apply for, or be granted, extended leave.".

10.Forensic Leave Panel

In section 60(a) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, after "orders" insert "and by federal forensic patients".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 13 May 2004

Legislative Council: 3 June 2004

The long title for the Bill for this Act was "to amend the Mental Health Act 1986 and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 with respect to certain persons detained in approved mental health services under Commonwealth legislation and for other purposes."