Leave of absence
33 Leave of absence
The senior clinician or the manager of a treatment centre may allow a person detained at the treatment centre under a detention and treatment order to be absent from the treatment centre—
for the purposes of receiving medical treatment; or
for any other purpose that the senior clinician or the manager of the treatment centre considers appropriate.
Leave of absence may be granted—
for the period; and
subject to any conditions—
that the senior clinician or the manager of the treatment centre considers appropriate having regard to the health and safety of the person and the purpose of the leave.
The senior clinician or the manager of the treatment centre must take all reasonable steps to inform the following that the person has been granted leave of absence—
the person's nominated person;
if applicable, the person's guardian.
Leave of absence does not affect the duration of the detention and treatment order made in respect of the person.
Example
A detention and treatment order in respect of a person is due to expire on 20 September. If on 18 September the person is granted 5 days leave, the order will still expire on 20 September.
The senior clinician or the manager of the treatment centre may revoke the leave of absence if he or she considers that the person's health or safety are at serious risk unless the leave is revoked.
If leave of absence is revoked while the person is absent from the treatment centre, the senior clinician or the manager of the treatment centre must take all reasonable steps to notify the person that his or her leave has been revoked and that he or she is required to return to the treatment centre.
This Act’s bill:Explanatory memorandumSecond reading speech
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