Victorian Consolidated Legislation

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

Leave plan or statement

54B. Leave plan or statement



(1) If an application is made for on-ground leave or limited off-ground leave,
or for variation of that leave, a leave plan must be provided to the Panel by-



   (a)  the Clinical Director of the Victorian Institute of Forensic Mental
        Health, in the case of a forensic patient detained in that Institute;
        or

   (b)  the authorised psychiatrist for the approved mental health service, in
        the case of a forensic patient detained in any other approved mental
        health service; or

   (c)  the Secretary to the Department of Human Services, in the case of a
        forensic resident-

unless the Clinical Director, authorised psychiatrist or Secretary considers
that the application should not be granted.

(2) The leave plan must include information concerning-

   (a)  the purpose of the leave applied for and how it will contribute to the
        person's rehabilitation; and

   (b)  any proposed conditions of leave; and

   (c)  any other information the Clinical Director, authorised psychiatrist
        or Secretary considers relevant; and

   (d)  any other information requested by the Panel.

(3) If the Clinical Director, authorised psychiatrist or Secretary considers
that the application should not be granted, he or she must provide a written
statement to the Panel containing-

   (a)  the reasons why the application should not be granted; and

   (b)  any other information the Clinical Director, authorised psychiatrist
        or Secretary considers relevant; and

   (c)  any other information requested by the Panel.