Victorian Consolidated Legislation

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 - SECT 58

Suspension and revocation of extended leave

58. Suspension and revocation of extended leave



(1) Extended leave may be suspended 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 is not
suspended.



(2) If extended leave is suspended, the chief psychiatrist or Secretary must-

   (a)  confirm the suspension in writing to the person formerly on leave; and

   (b)  subject to subsection (5), within 48 hours after the suspension-

   (i)  make an application to the court that granted the leave for revocation
        of the leave; or

   (ii) lift the suspension.

(3) The court must hear an application referred to in subsection (2)(b)(i) as
soon as possible.

(4) On an application under subsection (2)(b)(i) the court may-

   (a)  if satisfied on the evidence available that the safety of the forensic
        patient or forensic resident or members of the public will be
        seriously endangered if the suspension is not confirmed or leave is
        not revoked, revoke the leave; or

   (b)  if not satisfied, lift the suspension.

(5) 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.

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

Note There are provisions for the apprehension of persons absent without leave
in section 53AD of the Mental Health Act 1986 (for forensic patients) and
section 43E of the Intellectually Disabled Persons' Services Act 1986 (for
forensic residents). See also section 30B of this Act, which provides for
warrants to be issued for the arrest of a person who is no longer in Victoria.