Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 285

Monitored leave application and grant

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

        (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 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.

    (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 Secretary to the Department of Justice may grant monitored leave for a period not exceeding 6 months if, on the evidence available, he or she 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 Secretary to the Department of Justice may grant monitored leave are one or more of the following purposes—

        (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.



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