Mental Health Act 2013

The following provisions govern the review of the grant, refusal or variation of a leave of absence (leave) to an involuntary patient, or to a forensic patient who is not subject to a restriction order:

the Tribunal may do the review on its own motion at any time;

the Tribunal must do the review on the application of any person with the necessary standing;

the review may be done whether or not the leave is prospective or, if applicable, has commenced or concluded or been varied;

on review, the Tribunal may – affirm the decision to grant, refuse or vary the leave; or set aside the decision to grant, refuse or vary the leave;

if the relevant decision is set aside, the Tribunal may – substitute its own decision for the one set aside; or remit the matter to the decision-maker, with or without directions, for redetermination;

nothing in this section is to be taken as authorising the Tribunal, on review, to – grant an involuntary patient leave for a continuous period of more than 14 days; or direct that an involuntary patient be granted leave for a continuous period of more than 14 days.