Victorian Numbered Acts Victorian Numbered Acts(1) The Secretary to the Department of Justice may make a direction that a person who is subject to a Court Secure Treatment Order be taken from a prison or other place of confinement to a designated mental health service.
(2) The Secretary to the Department of Justice must not make a direction under this section unless—
(a) the person has been examined by a psychiatrist and the Secretary to the Department of Justice is satisfied by the production of the psychiatrist's report and any other evidence that the criteria for making a Court Secure Treatment Order referred to in section 94B(1)(c) of the Sentencing Act 1991 apply to the person; and
(b) the Secretary to the Department of Justice has received a report from the authorised psychiatrist for the designated mental health service to which it is proposed that the person be taken—
(i) recommending the making of the direction; and
(ii) stating that there are facilities or services available at the designated mental health service for the detention and treatment of the person.