The Law Handbook 2024

844 Section 8: Disability, mental illness and the law on a STO can apply for that order to be revoked (under s 537). If the CSTO or STO is discharged, the person is taken into the custody of the Secretary of the Department of Justice; or, if parole has been granted, they are released on parole. Security patients also have the right to seek a second psychiatric opinion under section 69 of the MHWA. Security patients also have the right to have their advance statement of preferences taken into account at various times, and their nominated support person consulted and informed of various matters at relevant times. Leave and transfers The MHWA sets out a range of processes and criteria to be applied for security patients on matters such as leave of absence, monitored leave, and transfer to another designated mental health service. The MHWA also deals with transfer applications to the MHT. For more information, see the Mental Health and Wellbeing Act 2022 handbook ( www.health.vic.gov.au/mental-health- and-wellbeing-act-handbook) . Forensic patients Forensic patients are people who are either: • subject to supervision orders (supervision orders last for an indefinite time, and can be custodial or non-custodial); • on remand under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) ( ‘CMIUT Act’ ); • ordered under the Crimes Act 1914 (Cth) (‘ Crimes Act (Cth) ’) to be detained in safe custody in prison or in a hospital for a specified period (‘Commonwealth forensic patients’). Intensive Monitored Supervision Order (IMSO) An IMSO authorises the Victorian Institute of Forensic Mental Health (‘ Forensicare ’) to place a patient in intensive monitored supervision in a supervision unit located at premises where Forensicare provides secure services to security patients, forensic patients or treatment patients and limits the patient’s contact with others for a period not exceeding 28 days (s 577). The Mental Health Tribunal makes an IMSO. The IMSO criteria are that: • the patient poses an unacceptable risk of seriously endangering the safety of another person; and • the risk is ongoing; and • the patient requires an immediate period of supervision in a supervision unit that limits contact with others to mitigate the risk; and • all less restrictive options have been tried to mitigate the risk and have been found to be ineffective; and • the patient is able to receive treatment or therapeutic interventions in a supervision unit (s 578). The Mental Health Tribunal must have regard to the patient’s views and preferences about the treatment or therapeutic interventions including any recovery outcomes they would like to achieve, the patient’s advance statement of preferences, the views of the nominated support person, guardian or carer (if satisfied the making of the order will directly affect the carer and care relationship), the likely impact on the patient and any past experience of trauma, and the patient’s culture, beliefs, values and personal characteristics. An IMSO application must be accompanied by: • a report by the authorised psychiatrist setting out the reasons why the authorised psychiatrist is satisfied that each element of the IMSO criteria apply, attaching any supporting evidence, and specifying the date on which the authorised psychiatrist last examined the patient; • a supervision plan to support the mental health and wellbeing of the patient detailing the proposed treatment and other therapeutic interventions to be provided during the IMSO, measures proposed for reducing the risk posed by the patient to transition from IMSO to the hospital environment; and • any anticipated harmful effects of being subject to the IMSO and the actions to be taken to reduce those harmful effects (s 582). An IMSO authorises Forensicare to place a patient in intensive monitored supervision in a supervision unit and limit the patient’s contact with others. The authorised psychiatrist must still consider the safety of others and act to prevent possible harm, confine