S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 39.1). police officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of President amended by No. 55/2014 s. 119(g). President, except in Part 5A, means President of the Panel; prison has the same meaning as in the Corrections Act 1986; s. 3 S. 3(1) def. of registered medical practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 15(a)), 13/2010 s. 51(Sch. item 18). registered medical practitioner a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 3(1) def. of registered psychologist substituted by No. 41/2000 s. 102(Sch. item 2), amended by No. 97/2005 s. 182(Sch. 4 item 15(b)), substituted by No. 13/2010 s. 51(Sch. item 18). registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);
S. 3(1) def. of Secure Treatment Order inserted by No. 26/2014 s. 436(2). Secure Treatment Order means an Order within the meaning of section 175 of the Mental Health Act 2014; S. 3(1) def. of special hearing amended by No. 55/2014 s. 119(h). special hearing, except in Part 5A, means a hearing under Part 3; special leave means leave of absence granted under section 50; S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 5.1(a)). spouse of a person means a person to whom the person is married; s. 3 S. 3(1) def. of supervision order amended by No. 55/2014 s. 119(i). supervision order, except in Part 5A, means an order made under section 26; surrounds has the meaning given in section 52; S. 3(1) def. of victim amended by No. 55/2014 s. 119(j).
custody means detention in a youth justice centre or a youth residential centre; investigation means investigation under Division 2; magistrate has the same meaning as in the Children, and Families Act 2005; non-custodial supervision means a supervision order referred to in section 38ZH(5)(b); President has the same meaning as in the Children, Youth and Families Act 2005; return date, in relation to a proceeding in a court, means any date on which the proceeding is listed before the court; special hearing means a hearing under Division 3; supervision order means an order made under section 38ZH. S. 38I inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48). 38I Constitution of Children's Court s. 38I (1) If the question of the fitness of a child to stand trial arises or the defence of mental impairment is raised in a proceeding in the Children's Court— the offence is punishable by level 2 imprisonment (25 years maximum), the Children's Court must be constituted by the President or, if the President is unavailable, a magistrate nominated by the President; or any other case, the Children's Court must be constituted by the President or a magistrate.
any reason the appellate court considers that the finding should not stand. (7) In any other case, the appellate court must dismiss an appeal under subsection (1). (8) If the appellate court allows an appeal under subsection (1), it must set aside the finding of unfitness to stand trial and either— s. 38U the matter to the Children's Court for hearing and determination of the offence charged against the child; or the matter for a rehearing of the investigation under this Division as to whether the child is fit to stand trial. (9) Despite subsection (8), if the appellate court allows an appeal under subsection (1) but considers that the child is unfit to stand trial, it may affirm the finding and refer the matter to the Children's Court. (10) If the appellate court remits a matter under subsection (8)(b)— may give directions concerning the manner and of the rehearing; and Children's Court conducting the rehearing must hear and determine the matter in accordance with the directions, if any. (11) On remitting or referring a matter under this section, the appellate court may remand the child in custody or grant bail to the child or make any other order that the court considers appropriate for the safe custody of the child.
(2) The appointment of a judge to the Panel does not affect his or her tenure of office as a judge or rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of an office as a judge and, for all purposes, service as a member of the Panel is to be taken to be service as the holder of an office as a judge. (3) For the purposes of sections 80A(5A)(a) and 83(4) of the Constitution Act 1975 and sections 13A(5A)(a) and (5C) of the County Court Act 1958, the office of judicial member is not to be taken to be a judicial office or an office or place of profit under the Crown. 2 Other members (1) Each member of the Panel (other than the judicial members and the chief psychiatrist or his or her nominee)— to be appointed by the Governor in Council on the nomination of the Minister; and office for the term specified in his or her instrument of appointment, which must be no longer than 4 years; and eligible for re-appointment at the end of the term of office; and entitled to be paid— remuneration that is fixed from time to time by the Governor in Council; and (ii) the travelling and expenses that are fixed by the Governor in Council; and Sch. 1 cl. 2(1)(e) amended by No. 46/1998 s. 7(Sch. 1), substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 50.3), 80/2006 s. 26(Sch. item 22).
(5) A revocation of extended leave or a refusal to revoke extended leave can be appealed under section 58A whether the revocation or refusal was made before or after the commencement of that section. (6) Any appeal referred to in subclause (1)(a), (2)(a) or (3)(a) that has not been determined before the commencement referred to in that subclause is to be determined in accordance with this Act as in force immediately before that commencement. Sch. 3 cl. 11 inserted by No. 68/2009 s. 97(Sch. item 39.52). 11 Transitional provisions—Criminal Procedure Act 2009 (1) Section 14A as inserted by section 423 of the Criminal Procedure Act 2009 applies to a finding on an investigation Part 2 that an accused is unfit to stand trial made on or after the commencement of section 423 of that Act. (2) Section 24AA as inserted by section 424 of the Criminal Procedure Act 2009 applies to a verdict of not guilty because of mental impairment recorded on or after the commencement of section 424 of that Act. Sch. 3 cl. 12 inserted by No. 68/2009 s. 97(Sch. item 39.52). 12 Transitional provisions—Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 Sch. 3 (1) Section 19A as amended by item 39.17 of the Schedule to the Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009 applies to an appeal under
Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 15) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009) Assent Date: 10.3.09 Commencement Date: Ss 423–425 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 39) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 13), (Sch. Pt 2 item 17) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Act 1997 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 18) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: Ss 18–36 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1