Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 42

Discharge after absence

42. Discharge after absence



(1) An involuntary patient who remains absent from an approved mental health
service for a continuous period of twelve months without leave of absence is
automatically discharged as an involuntary patient.



(2) Unless subsection (3) applies, an involuntary patient who has been on
leave of absence for a continuous period of twelve months is automatically
discharged as an involuntary patient.

(3) Where the chief psychiatrist or the authorized psychiatrist considers that
an involuntary patient should not be automatically discharged the chief
psychiatrist or the authorized psychiatrist may apply to the Board for an
order that the involuntary patient is not to be discharged.

(4) Sections 31 to 35 apply in respect of an application under subsection (3)
as if it were an appeal or review.