Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 43

Apprehension of involuntary patient absent without leave

43. Apprehension of involuntary patient absent without leave



(1) Except where section 42 applies, an involuntary patient who is absent from
an approved mental health service without leave or permission may be
apprehended at any time by-

   (a)  a prescribed person within the meaning of section 7; or





   (b)  the authorized psychiatrist or any person authorized by the authorized
        psychiatrist; or

   (c)  an officer or employee of the Department authorized by the chief
        psychiatrist-

for the purpose of being returned to the approved mental health service.



(1A) Section 9B applies to a person being returned to an approved mental
health service under this section as if that person were a person to whom a
recommendation relates being taken to an appropriate approved mental health
service.





(2) Section 42 and this section do not affect the application of any law
enabling the recapture of a person for the purpose of being returned to a
prison.

Division 4-Security patients