Victorian Current Acts

MENTAL HEALTH AND WELLBEING ACT 2022 - SECT 551

In determining whether to grant monitored leave under section 549 or whether to vary its conditions or duration under section 550, the Justice Secretary must—

        (a)     to the extent that is reasonable in the circumstances, have regard to all of the following—

              (i)     the security patient's views and preferences about the leave and the reasons for those views and preferences, including the recovery outcomes that the patient would like to achieve;

              (ii)     the views and preferences of the security patient expressed in the patient's advance statement of preferences;

              (iii)     the views of the security patient's nominated support person;

              (iv)     the views of a guardian of the security patient;

              (v)     the views of the security patient's carer, if the Justice Secretary is satisfied that the decision will directly affect the carer and the care relationship;

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

              (vii)     the views of the DFFH Secretary, if that Secretary has parental responsibility for the security patient under a relevant child protection order; and

        (b)     have regard to the security patient's applicant profile and leave plan.