CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 50 Special leave
CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 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—
S. 50(2)(a) amended by No. 26/2014 s. 441.
(a) in the case of a forensic patient, to the authorised psychiatrist for the designated mental health service;
S. 50(2)(b) amended by No. 15/2015 s. 37(19).
(b) in the case of a forensic resident, to the Secretary to the Department of Health and Human Services.
S. 50(3) amended by No. 15/2015 s. 37(19).
(3) The authorised psychiatrist or Secretary to the Department of Health and 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.
S. 50(4) amended by No. 15/2015 s. 37(19).
(4) If the authorised psychiatrist or Secretary to the Department of Health and 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—
S. 50(5)(a) amended by No. 15/2015 s. 37(19).
(a) confirm the decision of the authorised psychiatrist or Secretary to the Department of Health and Human Services; or
(b) direct that the forensic patient or forensic resident be allowed special leave of absence.
(6) Special leave of absence—
S. 50(6)(a) substituted by No. 7/2002 s. 23.
(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
S. 50(6)(b) amended by No. 15/2015 s. 37(19).
(b) may be subject to such conditions as the authorised psychiatrist or Secretary to the Department of Health and Human Services or the Panel may specify.