New South Wales Consolidated Acts

MENTAL HEALTH AND COGNITIVE IMPAIRMENT FORENSIC PROVISIONS ACT 2020 - SECT 96

96 Leave for forensic patients and correctional patients in emergencies or special circumstances

(1) The Secretary may allow a forensic patient or a correctional patient to be absent from a mental health facility for the period, and subject to any conditions that the Secretary thinks fit, in circumstances constituting an emergency or in other special circumstances as the Secretary thinks fit.

(2) The Secretary must not allow a patient to be absent from a mental health facility (otherwise than in a medical emergency) under this section unless the Secretary is satisfied, on the evidence available to the Secretary, that the safety of the patient or any member of the public will not be seriously endangered if the leave of absence is granted.

(3) The Secretary must not allow a patient to be absent from a mental health facility if, in the same or similar circumstances--

(a) for a forensic patient--the Tribunal has refused to make an order allowing the patient to be absent from a mental health facility, or

(b) for a correctional patient--the Commissioner of Corrective Services has refused to make an order allowing the patient to be absent from a mental health facility.

(4) This section has effect despite the Crimes (Administration of Sentences) Act 1999 .

Note : See section 117 for security conditions relating to correctional patients who are absent on leave from mental health facilities.