Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 52

Special leave for security patient

52. Special leave for security patient



(1) A security patient, or a person on their behalf, may apply to the chief
psychiatrist for special leave of absence specifying the special circumstances
for which the special leave is required.

(2) The chief psychiatrist must grant an application for special leave of
absence if the chief psychiatrist is satisfied that-

   (a)  there are special circumstances; and

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

(3) Before granting an application the chief psychiatrist must advise the
Secretary to the Department of Justice.



(4) Where the chief psychiatrist refuses to grant special leave of absence to
a security patient, the security patient may appeal to the Board.

(5) The Board must give notice of an appeal under subsection (4) to the
Secretary to the Department of Justice.



(6) On an appeal under subsection (4) the Board may-

   (a)  confirm the decision of the chief psychiatrist; or

   (b)  direct that the security patient be allowed special leave of absence.





(7) Special leave of absence-

   (a)  cannot exceed-

   (i)  7 days in the case of special leave of absence for medical treatment;
        or

   (ii) 24 hours in any other case; and

   (b)  may be subject to such conditions as the chief psychiatrist or the
        Board may specify.