Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 273

Tribunal hearing in relation to Court Secure Treatment Order

    (1)     The Tribunal must conduct a hearing to determine whether the criteria set out in section 94B(1)(c) of the Sentencing Act 1991 currently apply to the security patient who is subject to a Court Secure Treatment Order

        (a)     within 28 days after the security patient is received at the designated mental health service; and

        (b)     at least every 6 months following the initial review of the Order under paragraph (a) until the person ceases to be a security patient; and

        (c)     on an application made under section 272 by the security patient or on his or her behalf.

    (2)     If the Tribunal is satisfied that the criteria set out in section 94B(1)(c) of the Sentencing Act 1991 currently apply to the security patient, the Tribunal must order that the person remain a security patient.

    (3)     If the Tribunal is not satisfied that the criteria set out in section 94B(1)(c) of the Sentencing Act 1991 currently apply to the security patient, the Tribunal must order that the person be discharged as a security patient.



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