Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 299

Warrant to arrest security patient absent without leave who leaves Victoria

    (1)     An appropriate person may apply to the Supreme Court, the County Court or the Magistrates' Court for a warrant to arrest a security patient if it appears to the appropriate person that the security patient

        (a)     is absent from a designated mental health service without leave of absence; and

        (b)     is no longer in Victoria.

    (2)     The court to which the application is made may order that a warrant to arrest be issued against the security patient if the court is satisfied by evidence on oath, whether orally or by affidavit, of the matters specified in subsection (1)(a) and (b).


Under the Service and Execution of Process Act 1992 of the Commonwealth, a person who is apprehended interstate under a warrant issued in Victoria is to be taken before a magistrate in the place where the person is apprehended. That Act provides for the magistrate to specify the place in Victoria to which the person is then to be taken.

    (3)     In this section, "appropriate person" means—

        (a)     the authorised psychiatrist; or

        (d)     the chief psychiatrist; or

        (c)     the Secretary; or

        (d)     the Secretary to the Department of Justice.

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