Victorian Repealed Acts

This legislation has been repealed.

Intellectually Disabled Persons' Services Act 1986 - SECT 21A

Transfer of persons detained in prison under Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

21A. Transfer of persons detained in prison under Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997



(1) The Secretary to the Department of Justice may, by order, transfer a
person who-

   (a)  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); and

   (b)  is an eligible person-

to an appropriate residential service as a forensic resident.

(2) The Secretary to the Department of Justice must not transfer a person
under sub-section (1) unless-

   (a)  the Secretary to the Department of Justice has received a declaration
        of eligibility and an individual program plan from the Secretary to
        the Department of Human Services; and

   (b)  the Secretary to the Department of Justice is satisfied as to the
        matters specified in sub-section (7); and

   (c)  the Secretary to the Department of Human Services has agreed to accept
        the person as a forensic resident in the residential service specified
        in the transfer order.

(3) The Secretary to the Department of Justice may make an interim order to
enable the Secretary to the Department of Human Services to assess the
eligibility of the person specified in the order.

(4) A person in respect of whom an interim order is made may be conveyed to
and detained in an appropriate residential service for the period, not
exceeding 28 days, specified in the order.

(5) On the application of the Secretary to the Department of Human Services,
the Secretary to the Department of Justice may extend the duration of an
interim order for a further period not exceeding 28 days.

(6) If the Secretary to the Department of Human Services issues a declaration
of eligibility in respect of a person under this section, the Secretary must
prepare an individual program plan in respect of that person.

(7) The Secretary to the Department of Justice must be satisfied that the
making of a transfer order is in the best interests of the eligible person or
the community having regard to-

   (a)  whether any physical, mental or emotional risk to which the
        eligible person has been or may be exposed if detained in a prison is
        significantly greater than the risk to which people who are not
        intellectually disabled may be exposed; and

   (b)  whether the eligible person would be more appropriately placed with a
        residential service instead of a prison; and

   (c)  any other matters the Secretary to the Department of Justice considers
        relevant.



(8) If a person who is on remand is transferred to a residential service under
this section, the Secretary to the Department of Justice must notify the
Director of Public Prosecutions of the transfer.

Division 5-Services Provided by Municipalities and Non-Government
Organizations