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APPROPRIATION (PARLIAMENT 2004/2005) BILL 2004

                                                                 PARLIAMENT OF VICTORIA

                                                        Mental Health Legislation (Commonwealth
                                                                  Detainees) Act 2004
                                                                                   Act No.
Victorian Legislation Parliamentary Documents




                                                                       TABLE OF PROVISIONS
                                                Clause                                                                    Page

                                                PART 1--PRELIMINARY                                                          1
                                                  1.     Purpose                                                             1
                                                  2.     Commencement                                                        2

                                                PART 2--AMENDMENT OF MENTAL HEALTH ACT 1986                                  3
                                                  3.     Definition of "forensic patient"                                    3
                                                  4.     Statement of patient's rights                                       3
                                                  5.     Transfer of forensic patient to another approved mental health
                                                         service                                                             3

                                                PART 3--AMENDMENT OF CRIMES (MENTAL IMPAIRMENT
                                                AND UNFITNESS TO BE TRIED) ACT 1997                                          4
                                                  6.     Definitions                                                         4
                                                  7.     Warrant to arrest federal forensic patient who leaves Victoria      4
                                                  8.     Application of Division 1 of Part 7                                 5
                                                  9.     Leave of absence                                                    5
                                                  10.    Forensic Leave Panel                                                5
                                                                             

                                                ENDNOTES                                                                     6




                                                                                       i
                                                551189B.I1-14/5/2004                            BILL LA CIRCULATION 14/5/2004

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 11 May 2004 Victorian Legislation Parliamentary Documents A BILL 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. Mental Health Legislation (Commonwealth Detainees) Act 2004 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 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 5 1997 to provide for persons detained in approved 1 551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004

 


 

Mental Health Legislation (Commonwealth Detainees) Act 2004 Act No. Part 1--Preliminary s. 2 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. Victorian Legislation Parliamentary Documents 2. Commencement 5 This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ 2 551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004

 


 

Mental Health Legislation (Commonwealth Detainees) Act 2004 Act No. Part 2--Amendment of Mental Health Act 1986 s. 3 See: PART 2--AMENDMENT OF MENTAL HEALTH ACT 1986 Act No. 59/1986. 3. Definition of "forensic patient" Reprint No. 7 as at Victorian Legislation Parliamentary Documents In the definition of "forensic patient" in section 1 July 2002 and 3(1) of the Mental Health Act 1986, after amending paragraph (ac) insert-- 5 Act Nos 67/1998, "(ad) a person detained in an approved mental 41/2002, 67/2003 and health service under section 20BJ(1) or 76/2003. 20BM of the Crimes Act 1914 of the LawToday: www.dms. Commonwealth; or". dpc.vic. gov.au 4. Statement of patient's rights 10 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 15 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- 20 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 25 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 30 20BM(7) (as the case requires) of that Act varying the approved mental health service in which the forensic patient is detained.". __________________ 3 551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004

 


 

Mental Health Legislation (Commonwealth Detainees) Act 2004 Act No. Part 3--Amendment of Crimes (Mental Impairment and Unfitness to be s. 6 Tried) Act 1997 See: PART 3--AMENDMENT OF CRIMES (MENTAL Act No. IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 65/1997. Reprint No. 2 as at Victorian Legislation Parliamentary Documents 6. Definitions 1 July 2002. LawToday: (1) In section 3(1) of the Crimes (Mental www.dms. Impairment and Unfitness to be Tried) Act 5 dpc.vic. gov.au 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;'. 10 (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 15 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 20 (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 25 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 30 Court, County Court or Magistrates' Court for a warrant to arrest that patient.". 4 551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004

 


 

Mental Health Legislation (Commonwealth Detainees) Act 2004 Act No. Part 3--Amendment of Crimes (Mental Impairment and Unfitness to be s. 8 Tried) Act 1997 (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 Victorian Legislation Parliamentary Documents At the end of section 48 of the Crimes (Mental 5 Impairment and Unfitness to be Tried) Act 1997 insert-- "(2) The Division also applies in relation to federal forensic patients.". 9. Leave of absence 10 (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 15 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, 20 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 25 forensic patients". 5 551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004

 


 

Mental Health Legislation (Commonwealth Detainees) Act 2004 Act No. Endnotes ENDNOTES Victorian Legislation Parliamentary Documents By Authority. Government Printer for the State of Victoria. 6 551189B.I1-14/5/2004 BILL LA CIRCULATION 14/5/2004

 


 

 


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