Text as at 15 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

4T Eligibility criteria

(1)To be eligible for a criminal proceeding to enter the Assessment and Referral Court List, an accused must meet—

(a)the diagnostic criteria; and

(b)the functional criteria; and

(c)the needs criteria.

(2)The diagnostic criteria are that the accused has one or more of the following—

(a)a mental illness;

(b)an intellectual disability;

(c)an acquired brain injury;

(d)autism spectrum disorder;

(e)a neurological impairment, including, but not limited to dementia.

(3)The functional criteria are that the accused has one or more of the diagnostic criteria which causes a substantially reduced capacity in at least one of the following areas—

(a)self-care;

(b)self-management;

(c)social interaction;

(d)communication.

(4)The needs criteria are that the accused would derive benefit from receiving coordinated services in accordance with an individual support plan that has regard to the particular diagnostic and functional criteria as well as all other relevant facts applying to the accused and that may include one or more of the following—

S. 4T(4) amended by No. 23/2012 s. 8.

(a)psychological assessment;

(b)welfare services;

(c)health services;

(d)mental health services;

(e)disability services;

(f)drug treatment services or alcohol treatment services;

(g)housing and support services;

(h)other services that aim to reduce the risk of offending or re-offending.