Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 212

    (1)     An authorised psychiatrist may grant a leave of absence from a designated mental health service in accordance with subsection (2) to a person subject to one of the following orders—

        (a)     an inpatient assessment order;

        (b)     an inpatient court assessment order;

        (c)     an inpatient temporary treatment order;

        (d)     an inpatient treatment order.

    (2)     For the purposes of subsection (1), an authorised psychiatrist may grant a leave of absence—

        (a)     subject to subsection (3)—

              (i)     for any purpose that the authorised psychiatrist is satisfied is appropriate, including for the purpose of receiving treatment or medical treatment at other premises; and

              (ii)     for any period that the authorised psychiatrist is satisfied is appropriate; and

        (b)     subject to any conditions that the authorised psychiatrist is satisfied are necessary in the circumstances.

    (3)     If the person to whom leave may be granted is subject to an inpatient treatment order and an intensive monitored supervision order, an authorised psychiatrist may only grant a leave of absence from a designated mental health service to that person—

        (a)     if it is necessary for the person to receive urgent or necessary medical treatment at other premises; and

        (b)     for a maximum period of 7 days.

    (4)     Subsection (3)(b) does not prevent an authorised psychiatrist from granting a further leave of absence to a person who is subject to an inpatient treatment order and an intensive monitored supervision order if it continues to be necessary for the person to receive urgent or necessary medical treatment at other premises.