Leave of absence
156 Leave of absence
S. 156(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.9), 9/2023 s. 117(1).
Subject to this section, the Authorised Program Officer may allow a resident detained in a residential treatment facility under an order specified in section 152(2)(a), 152(2)(b), 152(2)(d) or 152(2)(f) to be absent from the residential treatment facility—
for the period; and
subject to any conditions—
that the Authorised Program Officer considers appropriate.
Leave of absence under this section must be granted—
in accordance with the process and criteria specified in the resident's treatment plan; and
subject to any directions given by VCAT or the Senior Practitioner.
The Authorised Program Officer must not allow a resident leave of absence unless the Authorised Program Officer is satisfied on reasonable grounds that the safety of members of the public will not be seriously endangered as a result of the resident being allowed leave of absence.
The Authorised Program Officer may—
from time to time extend the period of leave of absence; or
revoke the leave of absence and require the resident to return to the residential treatment facility.
S. 156(4A) inserted by No. 9/2023 s. 117(2).
If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before allowing a resident leave of absence, extending the period of leave of absence or revoking a leave of absence under this section.
S. 156(4B) inserted by No. 9/2023 s. 117(2).
The Secretary may, on the application of the resident, review a decision of the Authorised Program Officer under this section to—
refuse to grant a leave of absence; or
refuse to extend a leave of absence; or
revoke a leave of absence.
The Authorised Program Officer of a residential treatment facility must provide a report for the period of 6 months ending on 30 June and 31 December to the Senior Practitioner specifying in respect of the residential treatment facility—
the number of leaves of absence allowed;
in any case where leave of absence was considered by VCAT, details of the hearing and the decision.
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