DISABILITY ACT 2006 - SECT 164 Suspension and revocation of extended leave

DISABILITY ACT 2006 - SECT 164

    (1)     Extended leave for a RTO resident granted under section 162 may be suspended at any time by the Secretary if the Secretary is satisfied on reasonable grounds 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 Secretary must—

        (a)     as soon as is practicable 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 reasonable grounds that the safety of the RTO 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 Secretary is satisfied that the reason for the suspension no longer exists, the Secretary 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.