Victorian Numbered Acts

MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 280

    (1)     An authorised psychiatrist must discharge a person as a security patient who is subject to a Secure Treatment Order if—

        (a)     the authorised psychiatrist determines that the criteria set out in section 276(1)(b) for making a Secure Treatment Order in relation to the person no longer apply; or

        (b)     the Tribunal makes an Order under section 279(3) that the person be discharged as a security patient; or

        (c)     section 295(1) applies.

    (2)     A person who is discharged as a security patient under subsection (1) ceases to be a security patient—

        (a)     on entering the legal custody of the Secretary to the Department of Justice; or

        (b)     if an order has been made under section 74 of the Corrections Act 1986 that the person be released on parole and the time for release has occurred, on the release of the person.

    (3)     A Secure Treatment Order is revoked on the person being discharged as a security patient under this section.