Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 50

Special leave

50. Special leave



(1) A forensic patient or forensic resident, or a person on their behalf, may
apply for special leave of absence, specifying the special circumstances for
which the leave is required.

(2) An application is to be made-

   (a)  in the case of a forensic patient, to the authorised psychiatrist for
        the approved mental health service;

   (b)  in the case of a forensic resident, to the Secretary to the Department
        of Human Services.

(3) The authorised psychiatrist or Secretary to the Department of Human
Services must grant an application for special leave of absence if satisfied
that-

   (a)  there are special circumstances; and

   (b)  the safety of members of the public will not be seriously endangered.

(4) If the authorised psychiatrist or Secretary to the Department of Human
Services refuses to grant special leave of absence to a forensic patient or
forensic resident, the forensic patient or forensic resident may appeal to the
Panel.

(5) On an appeal, the Panel may-

   (a)  confirm the decision of the authorised psychiatrist or Secretary to
        the Department of Human Services; or

   (b)  direct that the forensic patient or forensic resident be allowed
        special leave of absence.





(6) Special leave of absence-

   (a)  cannot exceed-

   (i)  7 days in the case of special leave of absence for medical treatment;
        or

   (ii) 24 hours in any other case; and

   (b)  may be subject to such conditions as the authorised psychiatrist or
        Secretary to the Department of Human Services or the Panel may
        specify.