Victorian Current Acts Victorian Current ActsS. 158(1) amended by No. 9/2023 s. 119(1).
(1) Subject to subsection (3A), leave of absence or special leave of absence granted to a resident detained in a residential treatment facility may be suspended wholly or partly at any time by the Secretary or the Authorised Program Officer if the Secretary or the Authorised Program Officer is satisfied on reasonable grounds that the safety of the person on leave or members of the public will be seriously endangered if leave or part of the leave is not suspended.
(2) If leave of absence or special leave of absence is suspended, the Secretary or the Authorised Program Officer must as soon as is practicable confirm the suspension in writing to the person in respect of whom the leave of absence or special leave of absence is suspended.
S. 158(3) amended by No. 9/2023 s. 119(2).
(3) Subject to subsection (3A), if the Secretary or the Authorised Program Officer is satisfied that the reason for the suspension no longer exists, the Secretary or the Authorised Program Officer must lift the suspension immediately.
S. 158(3A) inserted by No. 9/2023 s. 119(3).
(3A) If the residential treatment facility is operated by a forensic disability service provider, the Authorised Program Officer must obtain the approval of the Secretary before suspending, or lifting the suspension of, a leave of absence or special leave of absence under this section.
(4) A person whose leave of absence or special leave of absence is wholly suspended under this section is deemed not to have leave of absence or special leave of absence during the period of suspension.
(5) A person whose leave of absence or special leave of absence is partly suspended under this section is deemed not to have the suspended part of the leave of absence or special leave of absence during the period of suspension.