AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 67

Leave of absence for involuntary SMHU patient

In its application, by virtue of section 66 , to an involuntary patient, Division 6 of Part 4 is modified as follows:
(a) .  .  .  .  .  .  .  .  
(b) the Commissioner of Police, Secretary (Corrections), Director and Secretary (Youth Justice) are not interested persons for the purposes of that Division;
(c) section 82(7) , (8) and (9) do not apply;
(d) section 83(2) does not apply.

Note

Division 6 of Part 4 relates to leave of absence by forensic patients. Section 66 makes such provisions apply to involuntary patients. 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.


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