Victorian Current Acts

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SENTENCING ACT 1991 - SECT 94G

Hospital security order

    (1)     On and after 1 July 2014, a person is taken to be subject to a Court Secure Treatment Order under this Act (as in force on that day) if, immediately before that day, the person is subject to a hospital security order under section 93A(1) of this Act ( as in force immediately before 1 July 2014) or under section 16A(1) of the Mental Health Act 1986 (as in force immediately before 1 July 2014).

    (2)     Subject to subsection (4), the Mental Health Tribunal must conduct a hearing under section 273 of the 2014 Act in relation to the Court Secure Treatment Order referred to in subsection (1) to which a person detained in a designated mental health service is subject within 28 days after 1 July 2014 to determine whether the criteria set out in section 94B(1)(c) of this Act (as in force on that day) apply to the person.

    (3)     For the purposes of section 273(1)(b) of the 2014 Act, a hearing referred to in subsection (2) is taken to be an initial review.

    (4)     A Court Secure Treatment Order referred to in subsection (1) is taken to expire on the date that the hospital security order would have expired but for the commencement of the 2014 Act.

S. 94H inserted by No. 26/2014 s. 435.



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