Fowler (a Pseudonym) v Secretary to the Department of Health & Ors

[2014] VSCA 231

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Mental impairment
3. › Supervision orders
4. › Non-custodial supervision order
5. › Application for revocation
6. › Whether primary judge failed to take into account Mental Health Act 1986
7. › Whether existence of Community Treatment Order required revocation of NCSO
8. › Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 27, 31, 34, 39, 40(1)
1. Criminal Law
2. › Mental impairment
3. › Supervision orders
4. › Interaction between CMIA and Mental Health Act 1986
5. › Concurrent operation of supervision order and community treatment order
6. › Whether MHA regime provides adequate alternative to NCSO
7. › Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), ss 39, 40(1)
8. › Mental Health Act 1986 (Vic), pt 3 div 2

Quick Take

The CMIA and MHA operate concurrently, not independently, and the existence of a Community Treatment Order under the MHA does not necessarily provide grounds for revocation of a non-custodial supervision order under the CMIA. Where coercive treatment continues to be required, the NCSO may take on more importance. Each application for revocation must be evaluated on its own merits under s 40(1) of the CMIA, with the CTO being one relevant consideration but not determinative.