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CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 73F

Review of persons transferred to Victoria

S. 73F(1) substituted by No. 29/2010 s. 33(1), amended by No. 15/2015 s. 37(28).

    (1)     Within 6 months after a person has been transferred to Victoria under section 73E, the Secretary to the Department of Health and Human Services must apply to the Supreme Court for a review.

    (2)     The purpose of the review is to determine the appropriate disposition for the person.

    (3)     The Supreme Court may undertake the review itself or refer the matter to the County Court.

    (4)     On a review, the court may—

        (a)     make a supervision order in respect of the person as if the person had been declared to be liable to supervision under Part 5; or

        (b)     order the person to be released unconditionally.

    (5)     The court cannot make a supervision order that is more restrictive on the person's freedom and personal autonomy than the interstate supervision order to which the person was subject, unless satisfied that the safety of the person or members of the public would be seriously endangered if a more restrictive order is not made.

    (6)     If the court makes a supervision order, the court must set a nominal term for the order in accordance with section 28 as modified by section 73G.

    (7)     If the court makes a custodial supervision order, the court may grant extended leave to the person if the court could have granted them extended leave on an application under section 57.

S. 73F(8) inserted by No. 29/2010 s. 33(2), repealed by No. 15/2015 s. 37(29).

    *     *     *     *     *

S. 73G inserted by No. 7/2002 s. 30.



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