Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 55

Suspension of special leave, on-ground leave or limited off-ground leave

55. Suspension of special leave, on-ground leave or limited off-ground leave



(1) Special leave of absence, on-ground leave or limited off-ground leave may
be suspended wholly or partly at any time by the chief psychiatrist (in the
case of a forensic patient) or the Secretary to the Department of Human
Services (in the case of a forensic resident) if the chief psychiatrist or
Secretary is satisfied on the evidence available that the safety of the person
on leave or members of the public will be seriously endangered if leave, or
part of the leave is not suspended.

(2) If leave is suspended, the chief psychiatrist or Secretary must confirm
the suspension in writing to the person in respect of whom the leave is
suspended.

(3) If the chief psychiatrist or Secretary is satisfied that the reason for
the suspension no longer exists, he or she must lift the suspension
immediately.

(4) The chief psychiatrist or Secretary must give notice to the person or body
that granted the leave of any suspension or lifting of suspension under this
section (except where the Secretary suspends special leave that he or she
granted).

(5) A person whose leave is wholly suspended under this section is deemed not
to have leave of absence during the period of suspension.





(6) A person whose leave is partly suspended under this section is deemed not
to have the suspended part of the leave of absence during the period of
suspension.