DISABILITY ACT 2006 - SECT 157 Special leave

DISABILITY ACT 2006 - SECT 157

S. 157(1) amended by No. 91/2009 s. 219(Sch.  3 item 1.10).

    (1)     A resident detained in a residential treatment facility under an order specified in section 152(2)(a), 152(2)(b), 152(2)(d), 152(2)(e) or  152(2)(f) may apply to the Authorised Program Officer for special leave of absence specifying the special circumstances for which the special leave is required.

Note

Special leave of absence may be applied for in relation to unplanned, one-off or emergency situations in special circumstances such as attending a medical appointment or a funeral in the community.

    (2)     The Authorised Program Officer must grant an application for special leave of absence if the Authorised Program Officer is satisfied that—

        (a)     there are special circumstances; and

        (b)     the safety of members of the public will not be seriously endangered.

    (3)     If the Authorised Program Officer refuses to grant special leave of absence to a resident detained in a residential treatment facility, the resident may apply to VCAT for a review of the decision.

    (4)     On an application under subsection (3), VCAT may order that—

        (a)     special leave of absence should be allowed; or

        (b)     special leave of absence should not be allowed.

    (5)     Special leave of absence—

        (a)     must not exceed 24 hours except in the case of special leave of absence for medical treatment; and

        (b)     may be subject to any conditions as the Authorised Program Officer or VCAT may specify.

    (6)     The Authorised Program Officer of a residential treatment facility must provide a report for the period of 6 months ending on 30 June and 31 December to the Senior Practitioner specifying in respect of the residential treatment facility—

        (a)     the number of special leaves of absence granted;

        (b)     the special circumstances for which they were granted.