Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 54

Granting of on-ground or limited off-ground leave

54. Granting of on-ground or limited off-ground leave



(1) An application may be made to the Panel for on-ground leave or limited
off-ground leave for a forensic patient or forensic resident, or for variation
of that leave-

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

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

(2) The Panel may grant an application for on-ground leave or limited
off-ground leave if satisfied on the evidence available that-

   (a)  the proposed leave will contribute to the person's rehabilitation; and

   (b)  the safety of the person or members of the public will not be
        seriously endangered as a result of the person being allowed leave.

(3) The Panel may grant an application for variation of on-ground leave or
limited off-ground leave if satisfied on the evidence available that-

   (a)  the proposed variation will contribute to the person's rehabilitation;
        and

   (b)  the safety of the person or members of the public will not be
        seriously endangered as a result of the leave being varied; and

   (c)  there has been a significant alteration in the person's circumstances
        since leave was granted or last varied.

(4) In determining whether or not to grant an application for leave or
variation of leave, the Panel must-

   (a)  have regard primarily to the person's current mental condition or
        pattern of behaviour; and

   (b)  consider the person's clinical history and social circumstances; and

   (c)  have regard to the applicant profile provided under section 54A and
        the leave plan or statement provided under section 54B.

(5) The Panel may impose any conditions it considers appropriate on a grant or
variation of on-ground leave or limited off-ground leave, including a
condition that the person on leave comply with any direction of the authorised
psychiatrist (in the case of a forensic patient) or the Secretary to the
Department of Human Services (in the case of a forensic resident).

(6) The maximum period for which on-ground or limited off-ground leave can be
granted is 6 months.

(7) An application for on-ground or limited off-ground leave can be made and
granted under this section more than once, and that leave can be varied more
than once, but only one grant or variation can be in force at any one time in
respect of a forensic patient or forensic resident.