Victorian Numbered Acts Victorian Numbered Acts(1) A security patient may make an application to the Tribunal for a review of an authorised psychiatrist's decision to not grant a leave of absence under section 281.
(2) The Tribunal must hear and determine an application under subsection (1) as soon as practicable and have regard, to the extent that is reasonable in the circumstances, to the matters referred to in section 281(4) when determining the application.
(3) If the Tribunal is 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 of granting the security patient a leave of absence, the Tribunal must grant the application and direct the authorised psychiatrist to grant a leave of absence subject to specified conditions and 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.
(4) If the Tribunal is not 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 of granting the security patient a leave of absence, the Tribunal must refuse to grant the application.