(1)  The Chief Psychiatrist may grant a forensic patient who is not subject to a restriction order leave of absence in Tasmania ( leave ).

Note

The application of this provision to an involuntary patient who is taken to be a forensic patient is modified by section 67 .

(2)  The leave may be granted for clinical or personal reasons.

(3)  Leave for clinical reasons may be granted only on the application of the treating medical practitioner.

(4)  Leave for personal reasons may be granted only on the application of –

(a) the patient; or

(b) a person who, in the opinion of the Chief Psychiatrist, has a genuine interest in the person's welfare.

(5)  The forensic patient may ask any SMHU staff member for help in making the request and the SMHU staff member is to –

(a) render that help to the best of his or her ability; or

(b) arrange for another SMHU staff member to render that help.

(6)  The application may be made by any person, in writing or by any other available means of communication.

(7)  Once the application has been made, the following provisions apply:

(a) the Chief Psychiatrist 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) if the patient is a prisoner or detainee under the Corrections Act 1997 , the Chief Psychiatrist is to notify the Director of the application and of the Director's right to make written submissions in respect of it within 10 days after being notified of the application;

(e) if the patient is a youth detainee, the Chief Psychiatrist is to –

(i) notify the Secretary (Youth Justice) of the application and of that Secretary's right to make written submissions in respect of it within 10 days after being notified of the application; and

(ii) ask, specifically, whether the Secretary (Youth Justice) consents to it;

(f) the Chief Psychiatrist is to notify any other person who, in the Chief Psychiatrist'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.

(8)  The Chief Psychiatrist is to consider any submissions received pursuant to subsection (7) before granting or refusing to grant the leave.

(9)  Also, if the patient is a youth detainee, the leave may be granted only with the consent of the Secretary (Youth Justice).

(10)  The leave –

(a) may be granted in person, in writing or by any other available means of communication; and

(b) may be granted for a particular purpose or for a particular period, or both; and

(c) is to be granted on such conditions as the Chief Psychiatrist considers necessary or desirable for the patient's health or safety or the safety of other persons.

(11)  Without limiting the generality of subsection (10)(c) , 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).

(12)  If the leave is granted for a particular purpose without a particular period being specified, the treating medical practitioner may determine the period of leave.

(13)  If subsection (12) applies, the treating medical practitioner is to –

(a) make an appropriate record of the matter; and

(b) give a copy of the record to the patient and each interested person; and

(c) place a copy of the record on the patient's clinical record.

(14)  Whether the leave is granted or refused, the Chief Psychiatrist is to –

(a) make an appropriate record of the matter (including, if applicable, the terms and conditions of the leave); and

(b) give a copy of the record to the patient and each interested person.

(15)  Nothing in this section applies to the attendance of the patient in court.