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Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
Div 6Reports as to supervision and victim impact statements 108
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Division 6—Reports as to supervision and victim impact statements 108
38ZR Court must order report as to supervision 108
38ZS Report to be prepared and filed 108
38ZT Contents of report 109
38ZU Report to be filed with court 109
38ZV Access to reports 110
38ZW Victim impact statements 111
Part 6—Principles on which court is to act, reports and certificates 112
39 Principle to be applied 112
40 Matters to which the court is to have regard 112
41 Reports on mental condition of persons declared liable to supervision 114
42 Reports of family members and victims 116
43 When and how is a report to be made? 117
44 Distribution of report 118
45 Admissibility of report 118
46 Examination of victim or family member 119
47 Certificate of available services 119
Part 7—Leave of absence 122
Division 1—Leave of absence 122
48 Application of Division 122
49 What types of leave may be granted? 122
50 Special leave 123
51 What is on-ground leave? 124
52 What are the surrounds? 124
53 What is limited off-ground leave? 124
54 Granting of on-ground or limited off-ground leave 125
54A Applicant profile 126
54B Leave plan or statement 127
55 Suspension of special leave, on-ground leave or limited off‑ground leave 129
56 What is extended leave? 130
57 Granting of extended leave 130
57A Leave plan for extended leave 132
57B Appeals regarding extended leave 132
58 Suspension and revocation of extended leave 134
58A Appeals regarding revocation of extended leave 136
Division 2—Forensic Leave Panel 138
59 Establishment of Panel 138
60 Functions of the Panel 139
61 Staff 139
62 Secrecy 139
63 Annual Report 140
Division 3—Procedure of Panel 141
64 Procedure of the Panel 141
65 Evidence 141
66 Reasons 142
67 Appointment of people to assist the Panel 142
68 Notice of hearings 143
69 Hearing not invalidated due to lack of notice 143
70 Appearance and representation at Panel hearings 143
71 Proceedings to be closed to public 145
72 Protection of members etc. 145
73 Offences 145
Part 7A—Interstate transfer of persons subject to supervision orders 147
73A Definitions 147
73B Corresponding laws and orders 148
73C Informed consent 148
73D Transfer of persons from Victoria to a participating State 148
73E Transfer of persons from a participating State to Victoria 149
73F Review of persons transferred to Victoria 152
73G Nominal term of supervision order 153
73H Appeal against unconditional release 154
Part 7B—Persons absconding to Victoria from interstate 157
73I Definitions 157
73J Warrant to arrest person who absconds to Victoria 158
73K Interim disposition order 159
73L Review of interim disposition order 161
73M Nominal term of supervision order 162
73N Appeal against unconditional release 163
Part 7C—International forensic patients 167
73O Definition 167
73P Review of international forensic patients 167
73Q Nominal term of supervision order 168
73R Appeal against unconditional release 170
Part 8—General 173
74 Service of notices of hearings to family members and victims 173
75 Suppression orders 173
76 Inadmissibility of evidence in other proceedings 174
76A Directions 174
76B Rules of court 175
76C Extension of time for filing notice of appeal 175
76D Powers which may be exercised by a single Judge of Appeal 176
78 Abolition of Governor's pleasure orders 176
79 Supreme Court—limitation of jurisdiction 176
80 Regulations 176
Part 10—Savings and transitional provisions 178
89 Savings and transitional provisions 178
90 International forensic patient—transitional provision 178
90A Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 178
91 Transitional provision—Youth Justice Act 2024—increase in minimum age of criminal responsibility 179
Schedules 181
Schedule 1––Provisions with respect to members of the Panel 181
Schedule 2––Provisions with respect to the procedure of the Panel 186
Schedule 3––Savings and transitional provisions 191
Endnotes 203
1 General information 203
2 Table of Amendments 205
3 Explanatory details 212
**Version No.** **083**
**Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**
**No. 65 of 1997**
Version incorporating amendments as at
**The Parliament of Victoria enacts as follows:**