When leave of absence for forensic patients subject to restriction orders may be granted
78 When leave of absence for forensic patients subject to restriction orders may be granted
The Tribunal may grant a forensic patient who is subject to a restriction order leave of absence in Tasmania (leave), unless the restriction order expressly provides to the contrary.
The leave may be granted for clinical or personal reasons.
Leave for clinical reasons may be granted only on the application of the Chief Psychiatrist.
Leave for personal reasons may be granted only on the application of – the patient; or the Chief Psychiatrist; or by leave of the Tribunal, a person who, in the opinion of the Chief Psychiatrist, has a genuine interest in the person's welfare.
The patient may ask any SMHU staff member for help in making the request and the SMHU staff member is to – render that help to the best of his or her ability; or arrange for another SMHU staff member to render that help.
The application is to be in accordance with section 195.
Once the application has been made, the following provisions apply:the Tribunal is to notify the Secretary (Corrections) of the application; the Secretary (Corrections) is to check the Eligible Persons Register to determine whether there are any eligible persons in relation to the patient; if there are such eligible persons, the Secretary (Corrections) is to make a reasonable attempt to notify each of them of the application and of their right to make written submissions in respect of it within 10 days after the eligible person is notified; the Tribunal is to notify any other person who, in the Tribunal's opinion, should be notified of the application and of that person's right to make written submission in respect of it within 10 days after being notified of the application.
The Tribunal is to consider any submissions received pursuant to subsection (7) before granting or refusing to grant the leave.
The leave – may be granted in person (by any member of the Tribunal), in writing or by any other available means of communication; and may be granted for a particular purpose or for a particular period, or both; and is to be granted on such conditions as the Tribunal considers necessary or desirable for the patient's health or safety or the safety of other persons.
Without limiting the generality of subsection (9)(c), the patient may be required to be under escort during the leave or any portion thereof (in which case the custody and escort provisions apply).
If the leave is granted for a particular purpose without a particular period being specified, the Chief Psychiatrist may determine the period of leave.
If subsection (11) applies, the Chief Psychiatrist is to – make an appropriate record of the matter; and give a copy of the record to the Tribunal, the patient and each interested person; and place a copy of the record on the patient's clinical record.
Whether the leave is granted or refused, the Tribunal is to – make an appropriate record of the matter (including, if applicable, the terms and conditions of the leave); and give to the patient a copy of the record together with a statement of rights in a form approved by the President of the Tribunal; and give a copy of the record to each interested person.
Nothing in this section applies to the attendance of the patient in court.
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