Habeas corpus is available to challenge partial restraints on freedom of movement, including requirements to reside at a particular place, where those restraints are not shared by the general public. An authorised psychiatrist has no power under the Mental Health Act 1986 (Vic) to direct where a person subject to a community treatment order must live unless a residence condition has been lawfully imposed on the order under s 14(3)(b) or varied under s 14C. The common law habeas corpus jurisdiction, the ancient Imperial statutes in force in Victoria, and the Charter operate as a composite body of law protecting personal liberty.
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