Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 558

    (1)     A security patient who is subject to a direction made under section 555 or 556 to be transported to another designated mental health service may apply within 20 business days after the direction is made to the Mental Health Tribunal for a review of the direction.

    (2)     The following persons may apply to the Mental Health Tribunal for a review of the direction made under section 555 or 556 on behalf of a security patient referred to in subsection (1) within 20 business days after the direction is made—

        (a)     any person, at the request of the security patient;

        (b)     a guardian of the security patient;

        (c)     a parent of the security patient, if the security patient is under the age of 16 years;

        (d)     the DFFH Secretary, if that Secretary has parental responsibility for the security patient under a relevant child protection order.

    (3)     As soon as practicable after an application is made, the Mental Health Tribunal must hear and determine the application.

    (4)     In hearing an application under this section, to the extent that is reasonable in the circumstances, the Mental Health Tribunal must have regard to the matters referred to in section 555(2).

    (5)     The Mental Health Tribunal must—

        (a)     refuse the application and confirm the direction if the Tribunal is satisfied that transporting the security patient to another designated mental health service is necessary for the patient's treatment; or

        (b)     grant the application and overturn the direction if the Tribunal is not satisfied that transporting the security patient to another designated mental health service is necessary for the patient's treatment.

    (6)     If the Mental Health Tribunal grants the application and overturns the direction and the security patient has been transported to another designated mental health service, the Tribunal must direct that the security patient be returned to the original designated mental health service.

    (7)     If the Mental Health Tribunal refuses the application and confirms the direction, the security patient must be transported to the receiving designated mental health service as directed by the authorised psychiatrist or the chief psychiatrist.

Part 10.7—General security patient matters