AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 60

Leave of absence from approved hospital

(1)  An approved medical practitioner may grant an involuntary patient leave of absence from an approved hospital ( leave ).
(2)  The leave may be granted for clinical or personal reasons.
(3)  Leave for personal reasons may be granted to a patient –
(a) at the request of the patient; or
(b) at the request of a person who, in the opinion of the approved medical practitioner, has a genuine interest in the patient's welfare.
(3A)  Leave must not be granted for a continuous period of more than 14 days.
(4)  The patient may ask any staff member of the approved hospital for help in making the request and the staff member is to –
(a) render that help to the best of his or her ability; or
(b) arrange for another staff member of the approved hospital to render that help.
(5)  The leave is to be granted by means of an instrument in writing (the leave pass ).
(6)  The leave may be granted on such conditions as the approved medical practitioner considers necessary or desirable for the patient's health or safety or the safety of other persons.
(7)  Without limiting the generality of subsection (6) , the patient may be required to be under escort during the leave or any portion thereof (in which case the custody and escort provisions apply).
(8)  The approved medical practitioner is to ensure that the conditions are specified in the leave pass.
(9)  Depending on when the leave is to be taken, the approved medical practitioner is to –
(a) give a copy of the leave pass to the patient in good time (together with a statement of rights in an approved form); and
(b) give a copy of the leave pass in good time to –
(i) the controlling authority of the relevant approved hospital; and
(ii) if applicable, the patient's escort; and
(iii) the Tribunal; and
(iv) the Chief Psychiatrist; and
(c) place a copy of the leave pass on the patient's clinical record.
(10)  Any approved medical practitioner may at any time, by notice to the patient –
(a) extend the leave (but not so as to let the total period of leave exceed a continuous period of 14 days); or
(b) vary the conditions of the leave; or
(c) cancel the leave.
(11)  To avoid doubt –
(a) the power under subsection (10)(a) may be exercised more than once (but not so as to let the total period of leave exceed a continuous period of 14 days); and
(b) the power under subsection (10)(b) may be exercised more than once; and
(c) a notice under subsection (10) may be expressed to take immediate or deferred effect.
(12)  On issuing a notice under subsection (10) , an approved medical practitioner is to –
(a) give a copy of the notice to –
(i) the controlling authority of the relevant approved hospital; and
(ii) if applicable, the patient's escort; and
(iii) the Tribunal; and
(iv) the Chief Psychiatrist; and
(b) place a copy of the notice on the patient's clinical record.
(13)  An approved medical practitioner who refuses a request for leave under this section is to –
(a) give notice of the refusal, with reasons, together with a statement of rights in an approved form, to –
(i) the patient; and
(ii) if the request was made by a person other than the patient, that person; and
(b) .  .  .  .  .  .  .  .  
(c) place a copy of the notice of refusal, with reasons, on the patient's clinical record.

Note 1
A leave of absence under this section is reviewable by the Tribunal– see Division 2 of Part 3 of Chapter 3 . The power of review extends to every facet of such leave including refusal, cancellation and variation.

Note 2
The Chief Psychiatrist has power to intervene in such circumstances– see section 147 .



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