Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 53

Apprehension of security patient absent without leave

53. Apprehension of security patient absent without leave



(1) A security patient who is absent from an approved mental health service
without leave of absence or special leave of absence 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 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) This section does not affect the application of any law enabling the
recapture of a person for the purpose of being returned to a prison.