Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subjection (2), the Secretary to the Department of Justice may make a direction that a person who is detained in a prison under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (whether on remand or under a supervision order made under that Act) be taken to a designated mental health service as a forensic patient.
(2) The Secretary to the Department of Justice must not make a direction under this section unless—
(a) the person has been examined by a psychiatrist and the Secretary to the Department of Justice is satisfied by production of the psychiatrist's report and any other evidence that the following criteria apply to the person—
(i) the person has mental illness; and
(ii) because the person has mental illness, the person needs treatment to prevent—
(A) serious deterioration in the person's mental or physical health; or
(B) serious harm to the person or to another person; and
(iii) the treatment referred to in subparagraph (ii) will be provided to the person if the person is taken to a designated mental health service; and
(b) the Secretary to the Department of Justice has received a report from the authorised psychiatrist for the designated mental health service to which it is proposed that the person be taken—
(i) recommending the making of the direction; and
(ii) stating that there are facilities or services available at the designated mental health service for the detention and treatment of the person.
(3) As soon as practicable after a forensic patient is received at a designated mental health service in accordance with a direction under subsection (1), the authorised psychiatrist must ensure that reasonable steps are taken to inform the following persons in relation to the forensic patient of the forensic patient's receipt—
(a) the nominated person;
(b) a guardian;
(c) a carer, if the authorised psychiatrist is satisfied that the receipt of the forensic patient will directly affect the carer and the care relationship;
(d) a parent, if the forensic patient is under the age of 16 years;
(e) the Secretary to the Department of Human Services, if the forensic patient is the subject of a custody to Secretary order or a guardianship to Secretary order.