child has the same meaning as in the Children, Youth and Families Act 2005; conduct includes doing an act and making an omission; S. 3(1) def. of contracted service provider repealed by No. 23/2006 s. 237(1)(a). * * * * * S. 3(1) def. of court amended by No. 7/2002 s. 3(1)(a), substituted by No. 55/2014 s. 119(a). except in Part 5A, means Supreme Court or County Court and in section 47 includes Magistrates' Court and Children's Court; S. 3(1) def. of custodial supervision order amended by No. 55/2014 s. 119(b). custodial supervision order, except in Part 5A, means a supervision order referred to in section 26(2)(a); S. 3(1) def. of designated mental health service inserted by No. 26/2014 s. 436(2). designated mental health service has the same meaning as in section 3(1) of the Mental Health Act 2014; S. 3(1) def. of disability service provider inserted by No. 29/2010 s. 18(b). trial,
28 Nominal term of supervision order (1) The must set a nominal term of a supervision order in accordance with the following table— Offence person found not guilty of because of mental impairment or found at special hearing to have committed Nominal term (a) murder or treason 25 years (b) a serious offence (within the meaning of the Sentencing Act 1991) other than— (i) murder; or (ii) an offence against section 20 of the Crimes Act 1958 (threats to kill) a period equivalent to the maximum term of imprisonment available for the offence (c) any offence for which there is a statutory maximum term of imprisonment a period equivalent to half the maximum term of imprisonment available for the offence (d) any other offence punishable by imprisonment but for which there is no statutory maximum term a period specified by the court (2) If a person— found not guilty because of mental impairment of more than one offence; or found at a special hearing to have committed more than one offence—
(4) If the authorised psychiatrist or Secretary to the Department of Health and Human Services refuses to grant special leave of absence to a forensic patient or forensic resident, the forensic patient or forensic resident may appeal to the Panel. (5) On an appeal, the Panel may— S. 50(5)(a) amended by No. 15/2015 s. 37(19). the decision of the authorised psychiatrist or Secretary to the Department of Health and Human Services; or that the forensic patient or forensic resident be allowed special leave of absence. (6) Special of absence— S. 50(6)(a) substituted by No. 7/2002 s. 23. exceed— days in the case of special leave of absence for medical treatment; or (ii) 24 hours in any other case; and S. 50(6)(b) amended by No. 15/2015 s. 37(19). be subject to such conditions as the authorised psychiatrist or Secretary to the Department of Health and Human Services or the Panel may specify. 51 What is on-ground leave? On-ground leave allows a forensic patient or forensic resident to be absent from the place of custody but within the surrounds. 52 What are the surrounds? S. 52(1) amended by Nos 29/2010 s. 30(1), 26/2014 s. 442(1).
15 Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014 This Act as amended by Division 1 of Part 5 of the Criminal Organisations Control and Other Acts Amendment Act 2014 applies to— proceeding for an offence that is commenced on or after the commencement of Division 1 of Part 5 of that Act; and proceeding for an offence that, on the commencement of Division 1 of Part 5 of that Act, is before the Children's Court, irrespective of when the proceeding was commenced. Sch. 3 cl. 16 inserted by No. 6/2017 s. 12. 16 Transitional provision—Crimes Legislation Further Amendment Act 2017 This Act as amended by Part 3 of the Crimes Legislation Further Amendment Act 2017 applies to an investigation into the fitness of an accused to stand trial that commences on or after the day on which that Part comes into operation. 1 General information See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 18 September 1997 Legislative Council: 15 October 1997
: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Health and 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 : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010 Assent Date: 15.6.10 Commencement Date: S. 48 on 1.1.11: s. 2(5) : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 23) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011 Assent Date: 21.12.11 Commencement Date: S. 22(4) on 21.12.11: s. 2(1) : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 10) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 29) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Mental Health Act 2014, No. 26/2014 Assent Date: 8.4.14
Commencement Date: Ss 436–454 on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 39) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014 (as amended by No. 79/2014) Assent Date: 26.8.14 Commencement Date: Ss 119–131 on 31.10.14: Special Gazette (No. 330) 23.9.14 p. 1; s. 155 on 31.10.14: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Act 1997 Mental Health Amendment Act 2015, No. 15/2015 Assent Date: 12.5.15 Commencement Date: Ss 34, 37, 38 on 25.11.15: Special Gazette (No. 363) 24.11.15 p. 1 Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Justice Legislation Amendment Act 2015, No. 20/2015 Assent Date: 16.6.15 Commencement Date: Ss 33–37 on 17.6.15: s. 2(3) Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Justice Legislation Further Amendment Act 2016, No. 3/2016 Assent Date: 16.2.16 Commencement Date: Ss 101–105, 107 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1 Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 Crimes Legislation Further Amendment Act 2017, No. 6/2017
Assent Date: 15.3.17 Commencement Date: Ss 10–12 on 1.4.17: s. 2(2) Current State: This information relates only to the provision/s amending the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details