3 Definitions (1) In this Aboriginal person means a person who— (a) is descended from an Aborigine or Torres Strait Islander; and (b) identifies as an Aborigine or Torres Strait Islander; and (c) is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community; accept a complaint means agree to deal with a complaint; Adult Parole Board means the Adult Parole Board established by section 61 of the Corrections Act 1986; advance statement has the meaning given in section 19; Assessment Order means an Order within the meaning of section 28; Australian Health Practitioner Regulation Agency means the Australian Health Practitioner Regulation Agency established by section 23 of the Health Practitioner Regulation National Law; s. 3 Australian legal practitioner has the same meaning as it has in the Legal Profession Act 2004; Australian lawyer has the same meaning as it has in the Legal Profession Act 2004; authorised officer means an authorised officer appointed under section 146;
Inpatient Treatment Order means an Order within the meaning of section 52(3); Institute means the Victorian Institute of Forensic Mental Health continued under section 328; investigator means a member of staff or a contractor referred to in section 230 to whom the Commissioner has delegated his or her investigative functions; medical treatment has the meaning given in section 7; mental health practitioner means a person who is employed or engaged by a designated mental health service and is a— (a) registered psychologist; or (b) registered nurse; or s. 3 (c) social worker; or (d) registered occupational therapist; mental health principles means the principles specified in section 11; mental health service provider means— (a) a designated mental health service; or (b) a publicly funded mental health community support service; mental illness has the meaning given in section 4; neurosurgery for mental illness means— (a) any surgical technique or procedure by which one or more lesions are created in a person's brain on the same or on separate occasions for the purpose of treatment; or
50 Information and other requirements in relation to Temporary Treatment Orders (1) As soon as practicable after making a Temporary Treatment Order, the authorised psychiatrist must ensure that reasonable steps are taken— (a) to inform the person who is subject to the Temporary Treatment Order that he or she is subject to a Temporary Treatment Order; and (b) to give the person a copy of the Temporary Treatment Order and a copy of the relevant statement of rights; and Note See Division 1 of Part 3 in relation to statement of rights. (c) to explain to the person the purpose and effect of the Temporary Treatment Order; and (d) to inform the person that he or she will receive treatment in relation to his or her mental illness. (2) As soon as practicable after a Temporary Treatment Order is made, the authorised psychiatrist must— (a) notify the Tribunal that the Order has been made; and (b) ensure that reasonable steps are taken— (i) to inform the following persons in relation to the person subject to the Order that the Order has been made— (A) the nominated person; (B) a guardian; s. 50 (C) a carer, if the authorised psychiatrist is satisfied that
246 Discontinuation of conciliation s. 246 (1) A party to a conciliation may, at any time during the conciliation process, elect not to continue with the conciliation process by so notifying the conciliator in writing. (2) On receipt of a written notice under subsection (1), the conciliator must notify all other parties to the conciliation of the party's election to discontinue the conciliation. (3) If, at any time during a conciliation process, a conciliator is satisfied that conciliation is no longer appropriate in the circumstances, the conciliator must— (a) discontinue the conciliation process; and (b) notify the parties to the conciliation in writing that the conciliation is discontinued. 247 Conciliation outcome (1) At the end of a conciliation process, the conciliator must report the outcome of the conciliation to the Commissioner in accordance with this section. (2) The conciliator must provide the Commissioner with a written report that states that— (a) the parties have resolved the complaint and includes the details of any agreement signed by the parties under section 248; or (b) the parties to the conciliation have failed to reach a settlement; or (c) the parties have partially resolved the complaint and includes the details of any agreement signed by the parties under section 248; or
(a) the person ceases to be a security patient under section 295; or (b) if the authorised psychiatrist discharges the person as a security patient, the person enters the legal custody of the Secretary to the Department of Justice. 299 Warrant to arrest security patient absent without leave who leaves Victoria s. 299 (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). Note 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.
"(8A) The Board may make a parole order for a person who is detained in a designated mental health service under a Court Secure Treatment Order or Secure Treatment Order, but the parole order does not take effect until the person is discharged as a security patient under the Mental Health Act 2014.". 6.8 In section 74(9), for "hospital security order" substitute "Court Secure Treatment Order or Secure Treatment Order". 7 Crimes Act 1958 7.1 In section 50(1), in the definition of residential facility, for paragraph (a) substitute— "(a) a designated mental health service within the meaning of the Mental Health Act 2014; or". 7.2 In section 464(2)— (a) the definition of approved mental health service is repealed; (b) insert the following definition— "designated mental health service has the same meaning as in the Mental Health Act 2014;"; (c) in the definition of detained or protected person, for paragraph (d) substitute— Sch. "(d) a patient within the meaning of the Mental Health Act 2014;"; - (d) in the definition of security patient, for "Mental Health Act 1986" substitute "Mental Health Act 2014". 7.3 In section 464B(1)(a), for subparagraphs (iii) and (iv) substitute—
within the meaning of the Sentencing Act 1991; or"; (ii) for subparagraph (vi) substitute— "(vi) a security patient subject to a Secure Treatment Order within the meaning of the Mental Health Act 2014; or"; (iii) subparagraph (vii) is repealed; (iv) for subparagraph (ix) substitute— "(ix) a security patient taken to another designated mental health service under section 291 or 292 of the Mental Health Act 2014; or"; (b) for the definition of involuntary patient substitute— "involuntary patient has the same meaning as patient has in section 3(1) of the Mental Health Act 2014;"; (c) in the definition of security patient, for "Mental Health Act 1986" substitute "Mental Health Act 2014"; (d) in the definition of supervised sentence, paragraph (cb) is repealed. 28 Summary Offences Act 1966 Sch. 28.1 In Schedule 1, for item 4 substitute— "4. Premises that are a designated mental health service within the meaning of the Mental Health Act 2014.".