Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

Victorian Law Reform Commission
Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper
Interstate transfer orders
Overview
8.133 Interstate transfer orders provisions in the CMIA govern the approved transfer of people
on supervision orders in and out of Victoria. A separate set of CMIA provisions, discussed
at [8.129]–[8.132], govern the entry of people on supervision orders from another state
who arrive in Victoria without approval.
8.134 The CMIA contains provisions that allow people subject to supervision orders in Victoria
to transfer to other states and supervised people subject to corresponding laws to transfer
to Victoria.
8.135 A person subject to a supervision order must give informed consent to transfer to another
state. The person must give consent in writing after the person receives an explanation
of the process of the transfer, the reasons for the transfer and has had the opportunity to
ask and have answered any questions they may have. 140
8.136 Transfer provisions aim ‘to promote rehabilitation and the reunion of families separated
under difficult circumstances’. 141
Transfer of people from Victoria to another state
8.137 There are two main requirements for a person subject to a supervision order to transfer
from Victoria to another state. These are:
• the laws of the state the person would like to transfer to must allow the transfer, and
• the Minister administering the transfer must allow the transfer by making an order. 142
8.138 The Minister may only allow the transfer if they are satisfied that:
• the Chief Psychiatrist has provided a written statement that the transfer is of benefit
to the person subject to a supervision order, and
• the Minister is satisfied that the transfer is allowed by laws of the state the person
would like to transfer to and the person subject to the supervision order has given
informed consent to the transfer or if unable to give informed consent, their guardian
has given informed consent to the transfer. 143
Transfer of people from another state to Victoria
8.139 A person subject to a supervision order in another state must meet the requirements
outlined above at [8.137] and [8.138] to transfer to Victoria, with some additional
requirements.
8.140 The additional requirements for people transferring to Victoria are:
• the Minister is satisfied that ‘the transfer is necessary for the maintenance or
re-establishment of family relationships or relationships with people who can assist in
supporting the person’ 144 , and
• the Chief Psychiatrist has provided a written statement that there are facilities or
services available for the custody, care and treatment of the person. 145
182
140 Ibid s 73C.
141 Victoria, Parliamentary Debates, Legislative Assembly, 29 November 2001, 2190 (John Thwaites).
142 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 73D(1).
143 Ibid s 73D(2).
144 Ibid s 73E(2)(b).
145 Ibid s 73E(2)(a).