(i) serious deterioration in the mental or physical health of the person; or (ii) serious harm to the person or to another person; or (c) the authorised psychiatrist makes a Temporary Treatment Order in relation to the person in accordance with section 46; or (d) the person is subject to an existing Temporary Treatment Order or Treatment Order that was made before the Court Assessment Order was made. 43 Authorised psychiatrist to provide report to court s. 43 On completing an assessment of a person who is subject to a Court Assessment Order, the authorised psychiatrist must ensure that reasonable steps are taken— (a) to inform the person that the assessment is complete; and (b) to inform the following persons in relation to the person that the assessment is complete— (i) the nominated person; (ii) a guardian; (iii) a carer, if the authorised psychiatrist is satisfied that assessment of the person will directly affect the carer and the care relationship; (iv) a parent, if the person is under the age of 16 years; (v) the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order; and
(b) an explanation of the advantages and disadvantages of the treatment or medical treatment, including information about the associated discomfort, risks and common or expected side effects of the treatment or medical treatment; and (c) an explanation of any beneficial alternative treatments that are reasonably available, including any information about the advantages and disadvantages of these alternatives; and (d) answers to any relevant questions that the person has asked; and (e) any other relevant information that is likely to influence the decision of the person; and s. 69 (f) in the case of proposed treatment, a statement of rights relevant to his or her situation. (3) For the purposes of subsection (1)(c), a person has been given a reasonable opportunity to make a decision if, in the circumstances, the person has been given a reasonable— (a) period of time in which to consider the matters involved in the decision; and (b) opportunity to discuss those matters with the registered medical practitioner or other health practitioner who is proposing the treatment or medical treatment; and (c) amount of support to make the decision; and (d) opportunity to obtain any other advice or assistance in relation to the decision.
(3) In determining whether the performance of neurosurgery for mental illness will benefit the person, the Tribunal must have regard to the following— (a) whether the neurosurgery for mental illness is likely to remedy the mental illness or alleviate the symptoms and reduce the ill effects of the mental illness; (b) the likely consequences for the person if neurosurgery for mental illness is not performed; (c) any beneficial alternative treatments that are reasonably available and the person's views and preferences about those treatments; (d) the nature and degree of any discomfort, risks and common or expected side effects associated with the proposed neurosurgery for mental illness, including the person's views and preferences about any such discomfort, risks or common or expected side effects. 103 Notice of decision s. 103 The Tribunal must give written notice of its decision under section 102 to grant or refuse an application made under section 100 to the following persons— (a) the psychiatrist who made the application; (b) the person who is the subject of the application; (c) the chief psychiatrist.
A person is eligible for appointment as a psychiatrist member if the person is a psychiatrist. 162 Registered medical practitioner members A person is eligible for appointment as a registered medical practitioner member if the person— (a) is a registered medical practitioner; and (b) has knowledge of, and experience in relation to, the treatment of mental illness. 163 Community members A person is eligible for appointment as a community member if the person has— (a) a special interest or experience in mental illness; or (b) the knowledge and experience relevant to performing the role of a community member of the Tribunal. 164 Appointments to act as President or Deputy President s. 164 (1) The Deputy President of the Tribunal may act as President if the President is unable to perform his or her duties or functions. (2) The President may appoint a senior member of the Tribunal to act as Deputy President if the Deputy President is unable to perform his or her duties or functions. (3) For the purposes of this section, the person who acts as President or Deputy President—
received by the interstate mental health facility. 409 Transfer of patients from interstate s. 409 On and after 1 July 2014, a person who, immediately before that day, is being transferred to this State under section 93H(1) of the 1986 Act is taken as being taken to a designated mental health facility under section 324 of the 2014 Act. 410 Apprehension of person absent from interstate facilities On and after 1 July 2014, a person who, immediately before that day, is apprehended under section 93K(1) of the 1986 Act and is not taken to an interstate mental health facility, is taken to be apprehended under section 326(1) of the 2014 Act. 411 Escort of Victorian patients apprehended interstate On and after 1 July 2014, a person who, immediately before that day, is apprehended under section 93L(1) of the 1986 Act and is not taken to an approved mental health service, is taken to be apprehended under section 327 of the 2014 Act. 412 Warrant to arrest interstate security patient who absconds to Victoria (1) On and after 1 July 2014, an application to the Magistrates' Court made under section 93N of the 1986 Act, that is not considered by the Magistrates' Court immediately before 1 July 2014, is taken to be an application made under section 301 of the 2014 Act. (2) On and after 1 July 2014, a warrant issued by the Magistrates' Court under section 93N of the 1986 Act immediately before that day is taken to be issued under section 301 of the 2014 Act.
See: Act No. 49/1991. Reprint No. 15 as at 30 September 2013 and amending Act Nos 32/2013, 46/2013, 70/2013 and 77/2013. LawToday: www. legislation. vic.gov.au (1) In section 3(1) of the Sentencing Act 1991— (a) the definition of approved mental health service is repealed; (b) for the definition of authorised psychiatrist substitute— "authorised psychiatrist has the same meaning as in the Mental Health Act 2014;"; (c) in the definition of chief psychiatrist, for "Mental Health Act 1986" substitute "Mental Health Act 2014"; (d) the definition of hospital security order is repealed; (e) the definition of involuntary patient is repealed; (f) for the definition of Mental Health Review Board substitute— "Mental Health Tribunal means the Mental Health Tribunal established by section 152 of the Mental Health Act 2014;"; (g) in the definition of mental illness, for "Mental Health Act 1986" substitute "Mental Health Act 2014"; (h) the definition of restricted involuntary treatment order is repealed; (i) in the definition of security patient, for "Mental Health Act 1986" substitute "Mental Health Act 2014". (2) In section 3(1) of the Sentencing Act 1991 insert the following definitions— "Court Assessment Order means an Order within the meaning of section 90;
(c) in section 94C(5) the words "before the end of the period specified in a Court Secure Treatment Order" were omitted; and (d) section 94C(5) referred to— (i) an indefinite term instead of the unexpired portion of the Court Secure Treatment Order; and (ii) release under a re-integration program instead of release on parole. (3) A Court Secure Treatment Order made under section 94B (as applied by subsection (2) of this section) has effect for all purposes as an indefinite sentence.'. 434 Time held in custody before trial etc. to be deducted from sentence s. 434 In section 35(2)(c) of the Sentencing Act 1991, for "hospital security order" substitute "Court Secure Treatment Order". 435 Part 5 of the Sentencing Act 1991 substituted s. 435 For Part 5 of the Sentencing Act 1991 substitute—