Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 221

221 Chief psychiatrist may approve temporary absence

(1) This section applies to each of the following patients—

(a) a patient subject to a forensic order if the category is inpatient;

(b) a classified patient;

(c) a patient subject to a judicial order.

(2) The chief psychiatrist may approve the patient’s temporary absence from an authorised mental health service—

(a) to receive medical, dental or other health treatment; or

(b) to appear before a court, tribunal or other body; or

(c) to look for accommodation for the patient for when the patient is discharged from the service; or

(d) for a purpose based on compassionate grounds; or

(e) for another purpose the chief psychiatrist is satisfied justifies approving the absence.

(3) As soon as practicable after approving the temporary absence, the chief psychiatrist must give written notice of the approval to the administrator of the authorised mental health service.

(4) The written notice must state—

(a) the approved period of temporary absence; and

(b) any conditions to which the approval is subject, including, for example, that the patient remain in the physical presence of a stated person for the period of the temporary absence.

(5) If the patient does not return to the authorised mental health service after the approved period of temporary absence, an authorised person may transport the patient to the authorised mental health service.

Note—

For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .