Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 57

Granting of extended leave

57. Granting of extended leave





(1) An application for extended leave for a forensic patient or forensic
resident may be made to the court that made the supervision order to which
they are subject-

   (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 court may grant an application under subsection (1) if satisfied on
the evidence available that the safety of the forensic patient or forensic
resident or members of the public will not be seriously endangered as a result
of the forensic patient or forensic resident being allowed extended leave.

Note Sections 39 and 40 set out certain other principles and matters that the
court must apply and have regard to in considering applications for extended
leave.

(3) An application for extended leave can be made and granted more than once.

(4) This section does not apply to-

   (a)  a forensic patient who is-

   (i)  remanded in custody in an approved mental health service under this
        Act; or

   (ii) detained in an approved mental health service under section 30(2) or
        30A(3); or

   (iii) deemed to be a forensic patient by section 73E(4) or 73K(8); or

   (iv) detained in an approved mental health service under section 20BJ(1) or
        20BM of the Crimes Act 1914 of the Commonwealth; or

   (b)  a forensic resident who is-

   (i)  remanded in custody in a residential service under this Act; or

   (ii) detained in a residential service under section 30(2) or 30A(3); or

   (iii) deemed to be a forensic resident by section 73E(4) or 73K(8).