Special leave
157 Special leave
S. 157(1) amended by Nos 91/2009 s. 219(Sch. 3 item 1.10), 9/2023 s. 118(1).
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) may apply to the Authorised Program Officer for special leave of absence specifying the special circumstances for which the special leave is required.
Note
Special leave of absence may be applied for in relation to unplanned, one-off or emergency situations in special circumstances such as attending a medical appointment or a funeral in the community.
S. 157(2) amended by No. 9/2023 s. 118(2).
Subject to subsection (2A), the Authorised Program Officer must grant an application for special leave of absence if the Authorised Program Officer is satisfied that—
there are special circumstances; and
the safety of members of the public will not be seriously endangered.
S. 157(2A) inserted by No. 9/2023 s. 118(3).
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 granting an application for special leave of absence under this section.
If the Authorised Program Officer refuses to grant special leave of absence to a resident detained in a residential treatment facility, the resident may apply to VCAT for a review of the decision.
S. 157(3A) inserted by No. 9/2023 s. 118(4).
The Secretary may, on the application of the resident, review a decision of the Authorised Program Officer under this section to refuse to grant an application for special leave of absence.
S. 157(3B) inserted by No. 9/2023 s. 118(4).
The resident may apply to VCAT for a review of—
a refusal by the Secretary under subsection (2A) to approve a decision of the Authorised Program Officer to grant an application for special leave of absence; or
a decision of the Secretary under subsection (3A) to affirm a decision of the Authorised Program Officer to refuse to grant an application for special leave of absence.
S. 157(4) amended by No. 9/2023 s. 118(5).
On an application under subsection (3) or (3B), VCAT may order that—
special leave of absence should be allowed; or
special leave of absence should not be allowed.
Special leave of absence—
must not exceed 24 hours except in the case of special leave of absence for medical treatment; and
may be subject to any conditions as the Authorised Program Officer or VCAT may specify.
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 special leaves of absence granted;
the special circumstances for which they were granted.
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