Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsections (2) and (3), an authorised psychiatrist may grant a leave of absence from a designated mental health service to a person who is subject to an Inpatient Assessment Order, Inpatient Court Assessment Order, Inpatient Temporary Treatment Order or Inpatient Treatment Order—
(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 leave of absence for any period and subject to any conditions that he or she is satisfied are 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 person or the safety of any other person will not be seriously endangered as a result.
(3) In determining whether to grant a leave of absence to a person, to grant a leave of absence subject to conditions or to vary its conditions or duration under this section, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following—
(a) the person's views and preferences about the leave of absence and the reasons for those views and preferences, including the recovery outcomes that the person would like to achieve;
(b) the views and preferences of the person expressed in his or her advance statement;
(c) the views of the person's nominated person;
(d) the views of a guardian of the person;
(e) the views of the person'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 person if the person is under the age of 16 years;
(g) the views of the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order.
(4) The authorised psychiatrist may revoke the leave of absence by notice in writing and require the person to return to the designated mental health service if the authorised psychiatrist is satisfied that—
(a) revocation of the leave of absence is necessary to prevent—
(i) serious deterioration in the person's mental or physical health; or
(ii) serious harm to the person or to another person; or
(b) the person has failed to comply with a condition to which the leave of absence is subject; or
(c) the purpose for the leave of
absence no longer exists.
s. 64
(5) As soon as practicable after the authorised psychiatrist grants a leave of absence or varies or revokes a leave of absence, the authorised psychiatrist must ensure that reasonable steps are taken—
(a) to inform the person who is subject to the Order of the decision and to explain its purpose and effect; and
(b) to notify the following persons in relation to the person who is subject to the Order of the decision—
(i) the nominated person;
(ii) a guardian;
(iii) a carer, if the authorised psychiatrist is satisfied that the decision will directly affect the carer and the care relationship;
(iv) a parent, if the person is under the age of 16 years;
(v) the Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order.