Victorian Numbered Acts Victorian Numbered Acts(1) In section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for the definition of Secretary to the Department of Health substitute —
"" Secretary to the Department of Health and Human Services" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services;".
(2) In section 3(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , the definition of Secretary to the Department of Human Services is repealed .
(3) In section 26 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsection (3)(b), for "provider, the Secretary to the Department of Human Services or the Secretary to the Department of Health" substitute "provider or the Secretary to the Department of Health and Human Services";
(b) in subsection (8), after "Health" insert "and Human Services";
(c) in subsection (9), after "Department of" insert "Health and".
(4) In section 28A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsection (2), for "Attorney-General, the Secretary to the Department of Human Services or the Secretary to the Department of Health" substitute "Attorney-General or the Secretary to the Department of Health and Human Services";
(b) in subsection (2C), for "Human Services, the Secretary to the Department of Health" substitute "Health and Human Services".
(5) In sections 29(1) and 30A(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "Human Services or the Secretary to the Department of Health" (where twice occurring) substitute "Health and Human Services".
(6) In section 30B of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsections (1) and (1A), after "Health" (where twice occurring) insert "and Human Services";
(b) in subsection (1B), after "Department of" (where twice occurring) insert "Health and".
(7) In section 34 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsection (2), for "Human Services or the Secretary to the Department of Health" substitute "Health and Human Services";
(b) in subsection (3C), for "Human Services, the Secretary to the Department of Health" substitute "Health and Human Services".
(8) In section 34A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsection (1), for "Human Services or the Secretary to the Department of Health" substitute "Health and Human Services";
(b) in subsection (2B), for "Human Services, the Secretary to the Department of Health" substitute "Health and Human Services".
(9) In the heading to section 38B of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for " , Secretary to Department of Health and Secretary to Department of " substitute " and Secretary to Department of Health and ".
(10) In section 38B(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "Human Services or the Secretary to the Department of Health (as the case requires)" substitute "Health and Human Services".
(11) In section 38C(8) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for ", the Secretary to the Department of Health or the Secretary to the Department of" substitute "or the Secretary to the Department of Health and".
(12) In section 38ZJ of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsection (2), for ", the Secretary to the Department of Human Services or the Secretary to the Department of Health" substitute "or the Secretary to the Department of Health and Human Services";
(b) in subsection (5), for "Human Services, the Secretary to the Department of Health" substitute "Health and Human Services".
(13) In sections 38ZK(1) and 38ZM(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "Human Services or the Secretary to the Department of Health" (where twice occurring) substitute "Health and Human Services".
(14) In section 38ZT(3) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , after "Department of" insert "Health and".
(15) In section 41(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for paragraphs (b) and (c) of the definition of "appropriate person" substitute —
"(b) the Secretary to the Department of Health and Human Services if the person is—
(i) in custody in a residential treatment facility, a residential institution or a designated mental health service; or
(ii) receiving treatment or services under a supervision order from—
(A) a residential treatment facility; or
(B) a residential institution; or
(C) a disability service provider; or
(D) a designated mental health service; or
(E) the Secretary to the Department of Health and Human Services.".
(16) In section 47 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsection (1), after "Department of" (wherever occurring) insert "Health and";
(b) in subsection (1)(a)—
(i) in subparagraph (i), after "custody in" insert "a designated mental health service,";
(ii) in subparagraph (ii)—
(A) after "services in" insert "a designated mental health service,";
(B) after "provider" insert ", a mental health service provider within the meaning of the Mental Health Act 2014 ";
(c) in subsection (1)(ab)(ii), after "provider" insert ", a mental health service provider within the meaning of the Mental Health Act 2014 ";
(d) in subsection (1)(b)(i), after "custody in" insert "a designated mental health service,";
(e) in subsection (1)(b)(ii)—
(i) after "services in" insert "a designated mental health service,";
(ii) after "provider" insert ", a mental health service provider within the meaning of the Mental Health Act 2014 ".
(17) Section 47(1A) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed .
(18) In section 47 of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) in subsection (3), for "either the Secretary to the Department of Human Services or the Secretary to the Department of Health" substitute "the Secretary to the Department of Health and Human Services";
(b) in subsections (4) and (5), for "Human Services or the Secretary to the Department of Health" substitute "Health and Human Services".
(19) In sections 50(2)(b), (3), (4), (5)(a) and (6)(b), 54(1)(b) and (5), 54A(1)(c), 54B(1)(c), 55(1), 57(1)(b) and 57A(b) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , after "Department of" insert "Health and".
(20) In section 57B(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) after "Department of" insert "Health and";
(b) for "if he or she" substitute "or a forensic patient if the Secretary".
(21) Section 57B(2A) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed .
(22) In section 57B(3C) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "Human Services, the Secretary to the Department of Health" substitute "Health and Human Services".
(23) In section 58(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , after "Department of" insert "Health and".
(24) In section 58A(2) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —
(a) after "Department of" insert "Health and";
(b) for "if he or she" substitute "or a forensic patient if the Secretary".
(25) Section 58A(2A) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed .
(26) In section 58A(3C) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "Human Services, the Secretary to the Department of Health" substitute "Health and Human Services".
(27) In section 70(5) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , after "Department of" insert "Health and".
(28) In section 73F(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "relevant Secretary" substitute "Secretary to the Department of Health and Human Services".
(29) Section 73F(8) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed .
(30) In section 73J(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "Human Services or the Secretary to the Department of Health" substitute "Health and Human Services".
(31) In section 73L(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , for "relevant Secretary" substitute "Secretary to the Department of Health and Human Services".
(32) Section 73L(8) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 is repealed .
(33) In section 73P(1) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , after "Health" insert "and Human Services".