Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 549

    (1)     An application for monitored leave for a security patient may be made to the Justice Secretary by the following—

        (a)     the security patient;

        (b)     the authorised psychiatrist for the designated mental health service in which the security patient is detained;

        (c)     any person, at the request of the security patient;

        (d)     a guardian of the security patient;

        (e)     a parent of the security patient, if the patient is under the age of 16 years;

        (f)     the DFFH Secretary, if that Secretary has parental responsibility for the security patient under a relevant child protection order.

    (2)     An application for monitored leave may be made and granted under this section more than once, but only one grant of monitored leave may be in force at any one time in respect of a security patient.

    (3)     The Justice Secretary may grant monitored leave for a period not exceeding 6 months if, on the evidence available, the Secretary is satisfied that the health and safety of the security patient or the safety of any other person will not be seriously endangered as a result, having regard to the purpose of the monitored leave.

    (4)     The purposes for which the Justice Secretary may grant monitored leave are one or more of the following—

        (a)     to rehabilitate the security patient;

        (b)     to maintain or re-establish the security patient's family relationships or relationships with others who can assist in supporting the patient;

        (c)     to re-integrate the security patient with the community;

        (d)     to prepare the security patient for release.