Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsections (2), (3) and (4), an authorised psychiatrist may grant a security patient a leave of absence from a designated mental health service—
(a) for the purpose of receiving treatment or medical treatment; or
(b) for any other purpose that the authorised psychiatrist is satisfied is appropriate.
(2) The authorised psychiatrist may grant a security patient a leave of absence for a period—
(a) not exceeding 7 days, in the case of leave granted for the purpose of receiving treatment or medical treatment; or
(b) not exceeding 24 hours, in any other case.
(3) The authorised psychiatrist may grant a leave of absence for a security patient subject to any conditions that he or she is satisfied is necessary or vary the conditions or duration of the leave of absence—
(a) having regard to the purpose of the leave; and
(b) if satisfied on the evidence available that the health and safety of the security patient or the safety of any other person will not be seriously endangered as a result.
(4) In determining whether to grant a leave of absence to a security patient, to grant a leave of absence subject to conditions or to vary its conditions or duration, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following—
(a) the security patient's views and preferences about the leave and the reasons for those views and preferences, including the recovery outcomes that the security patient would like to achieve;
(b) the views and preferences of the security patient expressed in his or her advance statement;
(c) the views of the security patient's nominated person;
(d) the views of a guardian of the security patient;
(e) the views of the security patient's carer, if the authorised psychiatrist is satisfied that the decision will directly affect the carer and the care relationship;
(f) the views of a parent of the security patient, if the security patient is under the age of 16 years;
(g) the views of the Secretary to the Department of Human Services, if the security patient is the subject of a custody to Secretary order or a guardianship to Secretary order.