Australian Capital Territory Current Acts

MENTAL HEALTH ACT 2015 - SECT 121

    (1)     This section applies to a person detained at an approved mental health facility or approved community care facility under a forensic mental health order if the relevant official has detained the person at the facility.

Note 1     The chief psychiatrist may make a determination under s 103 (Role of chief psychiatrist—forensic psychiatric treatment order) requiring detention of a person at an approved mental health facility.

Note 2     The care coordinator may require a person to be detained at an approved community care facility (see s 114 and s 124).

    (2)     The relevant official may grant a period of leave from the approved mental health facility or approved community care facility—

        (a)     on application by the person; or

        (b)     on the relevant official's own initiative.

    (3)     Before granting leave the relevant official must—

        (a)     notify the ACAT of the application for leave; and

        (b)     if the person is subject to a corrections order—

              (i)     if the person is a detainee—obtain the agreement of the corrections director-general; or

              (ii)     if the person is a young detainee—obtain the agreement of the CYP director-general; or

              (iii)     if the person is not a detainee or young detainee—consult the relevant director-general for the corrections order.

    (4)     The relevant official must not grant leave if satisfied that—

        (a)     the person applied to the ACAT for leave for the same purpose in the previous 6 months; and

        (b)     the application was refused.

    (5)     The relevant official may allow the person to take a period of leave for any purpose the relevant official considers appropriate if satisfied that—

        (a)     the consultation mentioned in subsection (3) does not raise a serious concern about the appropriateness of the leave; and

        (b)     the safety of the person, anyone else or the public will not be seriously endangered.

Examples—purposes

1     to attend a health or rehabilitation service

2     to take part in work or work-related activities

3     for compassionate reasons

    (6)     The grant of leave must state—

        (a)     the purpose for which the leave is granted; and

        (b)     the period for which the leave is granted.

    (7)     The grant of leave may be subject to conditions, including in relation to any of the following:

        (a)     accepting treatment, care or support as required;

        (b)     enrolling and participating in educational, rehabilitation, recreational, therapeutic or training programs;

        (c)     not using alcohol and other drugs;

        (d)     undergoing drug testing and other medical tests;

        (e)     the standard of conduct required;

        (f)     prohibitions or limits on association with stated people or kinds of people;

        (g)     prohibitions or limits on visiting stated places, or kinds of places;

        (h)     prohibitions or limits on travelling interstate or overseas;

              (i)     any other condition the relevant official considers appropriate in the circumstances taking into account the safety of the person, anyone else or the public.

Note     For principles that must be taken into account when exercising a function under this Act, see s 6.

    (8)     If leave is granted under this section, the relevant official must give written notice to—

        (a)     the person; and

        (b)     if the person is subject to a corrections order—

              (i)     if the person is a detainee—the corrections director-general; or

              (ii)     if the person is a young detainee—the CYP director-general; or

              (iii)     if the person is not a detainee or young detainee—the relevant director-general for the corrections order.