Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 51

Leave of absence for security patients

51. Leave of absence for security patients



(1) An application for leave of absence for a security patient may be made to
the Secretary to the Department of Justice by-

   (a)  the security patient; or

   (b)  the authorised psychiatrist for the approved mental health service in
        which he or she is detained.

(2) The Secretary to the Department of Justice may grant an application for
leave of absence-

   (a)  for the period, not exceeding 6 months; and

   (b)  subject to any conditions-

that the Secretary to the Department of Justice considers appropriate.

(3) The Secretary to the Department of Justice must not grant an application
for leave of absence unless-

   (a)  he or she is satisfied on the evidence available that the safety of
        the security patient or members of the public will not be seriously
        endangered as a result of the security patient being allowed leave of
        absence; and

   (b)  the chief psychiatrist has been consulted; and

   (c)  the Secretary has been consulted in the case of an application for
        leave of absence for a security patient who, before his or her
        transfer under section 16, was detained in a remand centre, youth
        residential centre or youth justice centre within the meaning of the
        Children, Youth and Families Act 2005; and

   (d)  the Chief Commissioner of Police has been consulted in the case of an
        application for leave of absence for a security patient who, before
        his or her transfer under section 16, was serving a sentence of
        imprisonment in a police gaol within the meaning of the
        Corrections Act 1986 or being held in police custody on the order of a
        court.

(4) The Secretary to the Department of Justice may-

   (a)  from time to time extend the period of leave of absence allowed under
        subsection (2) for a period not exceeding 6 months; or

   (b)  revoke the leave of absence and require the security patient to return
        to the approved mental health service.