Mental Health Act 2015

This section applies to a person detained at an approved mental health facility or approved community care facility under a forensic mental health order if the ACAT has ordered the detention.

The ACAT may order the detention of a person under a forensic mental health order under s 102 (1) (d) or s 109 (1) (e).

For principles that must be taken into account when exercising a function under this Act, see s 6.

The ACAT may grant the person a period of leave from the facility—

on application by the person; or

on application by the relevant official for the order.

Before granting leave the ACAT must—

if the person is subject to a corrections order—

if the person is a detainee—obtain the agreement of the corrections director-general; or

if the person is a young detainee—obtain the agreement of the CYP director-general; or

if the person is not a detainee or young detainee—consult the relevant director-general for the corrections order; and

if the application is by the person—consult the relevant official for the order.

The ACAT may grant leave for any purpose the ACAT considers appropriate if satisfied that—

the consultation mentioned in subsection (3) does not raise a serious concern about the appropriateness of the leave; and

the safety of the person, anyone else or the public will not be seriously endangered.

The ACAT may refuse to grant leave if satisfied that—

the person applied for leave for the same purpose in the previous 6 months; and

the application was refused.

A grant of leave must state—

the purpose for which the leave is granted; and

the period for which the leave is granted.

A grant of leave may be subject to conditions, including in relation to any of the following:

accepting treatment, care or support as required;

enrolling and participating in educational, rehabilitation, recreational, therapeutic or training programs;

not using alcohol and other drugs;

undergoing drug testing and other medical tests;

the standard of conduct required;

prohibitions or limits on association with stated people or kinds of people;

prohibitions or limits on visiting stated places, or kinds of places;

prohibitions or limits on travelling interstate or overseas;

any other condition the ACAT considers appropriate in the circumstances, taking into account the safety of the person, anyone else or the public.

For principles that must be taken into account when exercising a function under this Act, see s 6.

If leave is granted under this section, the ACAT must give written notice to—

the person; and

the relevant official for the order; and

if the person is subject to a corrections order—

if the person is a detainee—the corrections director‑general; or

if the person is a young detainee—the CYP director‑general; or

if the person is not a detainee or young detainee—the relevant director-general for the corrections order.