Victorian Current Acts

CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997 - SECT 54

    (1)     An application may be made to the Panel for on‑ground leave or limited off-ground leave for a forensic patient or forensic resident, or for variation of that leave—

S. 54(1)(a) amended by No. 26/2014 s. 443.

        (a)     in the case of a forensic patient, by the forensic patient or the authorised psychiatrist for the designated mental health service;

S. 54(1)(b) amended by No. 15/2015 s. 37(19).

        (b)     in the case of a forensic resident, by the forensic resident or the Secretary to the Department of Health and Human Services.

    (2)     The Panel may grant an application for on-ground leave or limited off-ground leave if satisfied on the evidence available that—

        (a)     the proposed leave will contribute to the person's rehabilitation; and

        (b)     the safety of the person or members of the public will not be seriously endangered as a result of the person being allowed leave.

    (3)     The Panel may grant an application for variation of on-ground leave or limited off-ground leave if satisfied on the evidence available that—

        (a)     the proposed variation will contribute to the person's rehabilitation; and

        (b)     the safety of the person or members of the public will not be seriously endangered as a result of the leave being varied; and

        (c)     there has been a significant alteration in the person's circumstances since leave was granted or last varied.

    (4)     In determining whether or not to grant an application for leave or variation of leave, the Panel must—

        (a)     have regard primarily to the person's current mental condition or pattern of behaviour; and

        (b)     consider the person's clinical history and social circumstances; and

        (c)     have regard to the applicant profile provided under section 54A and the leave plan or statement provided under section 54B.

S. 54(5) amended by No. 15/2015 s. 37(19).

    (5)     The Panel may impose any conditions it considers appropriate on a grant or variation of on-ground leave or limited off-ground leave, including a condition that the person on leave comply with any direction of the authorised psychiatrist (in the case of a forensic patient) or the Secretary to the Department of Health and Human Services (in the case of a forensic resident).

    (6)     The maximum period for which on-ground or limited off-ground leave can be granted is 6 months.

    (7)     An application for on-ground or limited off-ground leave can be made and granted under this section more than once, and that leave can be varied more than once, but only one grant or variation can be in force at any one time in respect of a forensic patient or forensic resident.

S. 54A inserted by No. 7/2002 s. 25.