Mental Health Act 2013

If leave of absence (leave) is granted under section 82, the Chief Psychiatrist, by notice to the patient, may at any time – extend the leave; or vary the conditions of the leave.

If the patient is a youth detainee, the extension or variation requires the consent of the Secretary (Youth Justice).

In considering whether or not to extend, or vary the conditions of, leave, the following provisions apply:the Chief Psychiatrist is to notify the Secretary (Corrections) that an extension or variation of the leave is under consideration; 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 consideration and of their right to make written submissions in respect of it within 10 days after the eligible person is notified; the Chief Psychiatrist is to notify any other person who, in the Chief Psychiatrist's opinion, should be notified of the consideration and of that person's right to make written submissions in respect of it within 10 days after being notified of the application.

In the case of an extension of leave, the Chief Psychiatrist is to notify the Secretary (Corrections) under subsection (2A)(a) not less than 20 days before the leave is due to expire.

The Chief Psychiatrist is to consider any submissions received under subsection (2A) before extending or varying the conditions of the leave.

To avoid doubt – a power under subsection (1) may be exercised more than once; and a variation pursuant to subsection (1)(b) may be expressed to have immediate or deferred effect.

On issuing a notice under subsection (1), the Chief Psychiatrist is to – give a copy of the notice to each interested person; and place a copy of the notice on the patient's clinical record.

A responsible authority, by notice to the patient, may cancel the leave at any time if the responsible authority believes that its continuation would, or is likely to – seriously endanger the patient's health or safety; or place the safety of other persons at serious risk.

On issuing a notice under subsection (5), the responsible authority is to – make an appropriate record of the cancellation; and give a copy of the record to each interested person; and give a copy of the record to the Chief Psychiatrist (if the Chief Psychiatrist is not the responsible authority); and place a copy of the record on the patient's clinical file.

On the cancellation, an MHO or police officer may apprehend and return the patient under escort to the SMHU (for which purpose the custody and escort provisions apply).

Where, under this section, a person is required to give a document to the patient (or to a person who has applied for leave of absence for and on behalf of the patient), the person is to ensure that the document is accompanied by a statement of rights in an approved form.

Nothing in this section applies to the attendance of the patient in court.