AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 191

Review of determination relating to leave of absence

The following provisions govern the review of the grant, refusal or variation of a leave of absence ( leave ) to an involuntary patient, or to a forensic patient who is not subject to a restriction order:
(a) the Tribunal may do the review on its own motion at any time;
(b) the Tribunal must do the review on the application of any person with the necessary standing;
(c) the review may be done whether or not the leave is prospective or, if applicable, has commenced or concluded or been varied;
(d) on review, the Tribunal may –
(i) affirm the decision to grant, refuse or vary the leave; or
(ii) set aside the decision to grant, refuse or vary the leave;
(e) if the relevant decision is set aside, the Tribunal may –
(i) substitute its own decision for the one set aside; or
(ii) remit the matter to the decision-maker, with or without directions, for redetermination;
(f) nothing in this section is to be taken as authorising the Tribunal, on review, to –
(i) grant an involuntary patient leave for a continuous period of more than 14 days; or
(ii) direct that an involuntary patient be granted leave for a continuous period of more than 14 days.



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