Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 301

Warrant to arrest interstate security patient who absconds to Victoria

    (1)     The Secretary may apply to the Magistrates' Court for a warrant to arrest a person if the Secretary is satisfied that—

        (a)     the person is an interstate security patient; and

        (b)     the person is in Victoria; and

        (c)     the person could be apprehended in the relevant State, if the person were still in that State, because he or she is absent without leave or other lawful authority from a mental health facility in the relevant State; and

        (d)     one of the following applies—

              (i)     the person cannot be lawfully apprehended in Victoria because a warrant to apprehend or arrest the person has not been or cannot be issued in the relevant State, or such a warrant cannot be executed in Victoria;

              (ii)     the person cannot be lawfully apprehended in Victoria under section 326;

              (iii)     although the person could be lawfully apprehended in Victoria, the person would not be able to be returned to the relevant State following the apprehension.

    (2)     For the purposes of subsection (1)(c), a person is taken to be absent without lawful authority from a mental health facility in a relevant State if the person did not return to the facility when required to do so under a law of that State.

    (3)     If the Magistrates' Court is satisfied by evidence on oath, whether orally or by affidavit, of the matters specified in subsection (1)(a) to (d), the court may order that a warrant to arrest be issued against the person who is the subject of the application.

    (4)     Despite section 64(2)(a) of the Magistrates' Court Act 1989 , a person arrested under a warrant issued under this section must be brought before the Magistrates' Court on the day of his or her arrest or on the next sitting day of the court.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback