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MENTAL HEALTH LEGISLATION (COMMONWEALTH DETAINEES) BILL 2004

                                                   Mental Health Legislation (Commonwealth
                                                                Detainees) Bill
Victorian Legislation Parliamentary Documents




                                                                         Circulation Print

                                                              EXPLANATORY MEMORANDUM


                                                                      PART 1--PRELIMINARY
                                                Clause 1   sets out the purpose of the Bill.

                                                Clause 2   is the commencement provision. The provisions of the Act come
                                                           into operation on the day after the day on which the Act receives
                                                           Royal Assent.

                                                  PART 2--AMENDMENT OF MENTAL HEALTH ACT 1986
                                                Clause 3   amends the definition of "forensic patient" in the Mental Health
                                                           Act 1986 to include a person detained in an approved mental
                                                           health service under section 20BJ(1) or 20BM of the Crimes Act
                                                           1914 of the Commonwealth.

                                                Clause 4   amends section 18(1)(b) of the Mental Health Act 1986 to
                                                           provide that the statement of patient's rights provided to a person
                                                           who is detained in an approved mental health service under
                                                           section 20BJ(1) or 20BM of the Crimes Act 1914 of the
                                                           Commonwealth must include information as to that person's legal
                                                           rights and other entitlements under that Act.

                                                Clause 5   amends section 53AB of the Mental Health Act 1986 which
                                                           provides that the chief psychiatrist may direct the transfer of
                                                           a forensic patient to another approved mental health service.
                                                           The new section 53AB(1A) provides that the chief psychiatrist
                                                           cannot direct that a forensic patient detained under section
                                                           20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth
                                                           be transferred to another approved mental health service but may
                                                           recommend to the Attorney-General for the Commonwealth that
                                                           he or she make an order under section 20BJ(2) or 20BM(7) of
                                                           that Act varying the approved mental health service in which the
                                                           forensic patient is detained.




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                                                551189                                         BILL LA CIRCULATION 14/5/2004

 


 

PART 3--AMENDMENT OF CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 Clause 6 amends the definition section in the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ("CMIA"). Victorian Legislation Parliamentary Documents A new definition of "federal forensic patient" is inserted and the definition of "forensic patient" is amended to mirror the definition of "forensic patient" in the Mental Health Act 1986. Clause 7 amends section 30B of the CMIA to create a power to obtain a warrant to arrest a federal forensic patient who leaves Victoria and who is also absent without leave from an approved mental health service. Clause 8 amends section 48 of the CMIA to provide that Division 1 of Part 7 of the CMIA also applies to federal forensic patients. This means that a federal forensic patient may apply to, and be granted leave by, the Forensic Leave Panel. Clause 9 amends sections 49 and 56 of the CMIA so as to provide that a federal forensic patient is not eligible to apply for, or be granted, extended leave. Clause 10 amends section 60(a) of the CMIA to clarify that the functions of the Forensic Leave Panel include the function of hearing applications for leave of absence made by federal forensic patients. 2

 


 

 


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