AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 79

Extension, variation and cancellation of leave of absence

(1)  If leave of absence ( leave ) is granted under section 78 , the Tribunal, by notice to the patient, may at any time –
(a) extend the leave; or
(b) vary the conditions of the leave.
(2)  An extension of leave or variation of the conditions of leave may be granted under subsection (1) only –
(a) if the leave is for clinical reasons, on the application of the Chief Psychiatrist; or
(b) if the leave is for personal reasons, on the application of –
(i) the patient; or
(ii) the Chief Psychiatrist; or
(iii) by leave of the Tribunal, a person who, in the opinion of the Chief Psychiatrist, has a genuine interest in the patient's welfare.
(3)  An application for extension of leave must be lodged at least 20 days before the leave expires.
(3A)  Once an application for an extension or variation of conditions of leave has been made, the following provisions apply:
(a) the Tribunal is to notify the Secretary (Corrections) of the application;
(b) the Secretary (Corrections) is to check the Eligible Persons Register to determine whether there are any eligible persons in relation to the patient;
(c) if there are such eligible persons, the Secretary (Corrections) is to make a reasonable attempt to notify each of them of the application and of their right to make written submissions in respect of it within 10 days after the eligible person is notified;
(d) the Tribunal is to notify any other person who, in the Tribunal's opinion, should be notified of the application, and of that person's right to make written submissions in respect of it within 10 days, after being notified of the application.
(3B)  The Tribunal is to consider any submissions received under subsection (3A) before extending or varying the conditions of leave.
(4)  To avoid doubt –
(a) a power under subsection (1) may be exercised more than once; and
(b) a variation pursuant to subsection (1)(b) may be expressed to have immediate or deferred effect.
(5)  On issuing a notice under subsection (1) , the Tribunal is to give a copy of the notice to each interested person.
(6)  An application for extension of leave or variation of the conditions of leave may be determined without a hearing.
(7)  A responsible authority, by notice to the patient, may cancel the leave at any time if the responsible authority believes that its continuation would, or is likely to –
(a) seriously endanger the patient's health or safety; or
(b) place the safety of other persons at serious risk.
(8)  On issuing a notice under subsection (7) , the responsible authority is to –
(a) make an appropriate record of the cancellation; and
(b) give a copy of the record to each interested person; and
(c) give a copy of the record to the Tribunal (if the Tribunal is not the responsible authority); and
(d) place a copy of the record on the patient's clinical file.
(9)  On the cancellation, an MHO or police officer may apprehend and return the patient under escort to the SMHU (for which purpose the custody and escort provisions apply).
(10)  Where, under this section, a person is required to give a document to the patient (or to a person who has applied for leave of absence for and on behalf of the patient), the person is to ensure that the document is accompanied by a statement of rights in an approved form.
(11)  Nothing in this section applies to the attendance of the patient in court.



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