AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 61

Absence from approved hospital without leave or in breach of condition, &c.

(1)  This section applies if –
(a) an involuntary patient has taken leave of absence from an approved hospital pursuant to section 60 ; and
(b) any of the following occurs:
(i) the patient fails to comply with a condition of the leave;
(ii) the leave is cancelled;
(iii) the period of leave expires and the patient has not returned to the approved hospital; and
(c) the order authorising the patient's detention in the approved hospital is still in effect.
(1A)  This section also applies if a patient is absent from an approved hospital without leave.
(2)  The treating medical practitioner is to alert the Tribunal and may alert the Commissioner of Police of the circumstances.
(3)  Any MHO or police officer may detain the patient as may be required for the purpose of returning the patient to the approved hospital.
(4)  For the purposes of subsection (3) , the custody and escort provisions apply.


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