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.

91 When may the court make a Court Assessment Order?

(1)Subject to subsection (2), the court may make a Court Assessment Order in relation to a person if—

(a)on the trial or hearing of the person for an offence the person is found guilty or pleads guilty to an offence; and

(b)the person is not in custody pending sentencing; and

(c)the criteria set out in subsection (2) apply to the person; and

(d)the court has received a report from the authorised psychiatrist for the designated mental health service where it is proposed to assess the person stating that there are facilities or services available at that designated mental health service for the assessment of the person; and

(e)in the case of an Inpatient Court Assessment Order, the assessment cannot occur in the community.

(2)For the purposes of subsection (1), the criteria are—

(a)the person appears to have mental illness; and

(b)because the person appears to have mental illness, the person appears to need immediate treatment to prevent—

(i)serious deterioration in the person's mental or physical health; or

(ii)serious harm to the person or to another person; and

(c)if the person is made subject to a Court Assessment Order, the person can be assessed; and

(d)there is no less restrictive means reasonably available to enable the person to be assessed.