Victorian Current Acts Victorian Current ActsS. 55(1) amended by Nos 7/2002 s. 26(1)(a)(b), 15/2015 s. 37(19).
(1) Special leave of absence, on-ground leave or limited off-ground leave may be suspended wholly or partly at any time by the chief 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) if the chief psychiatrist or Secretary is satisfied on the evidence available that the safety of the person on leave or members of the public will be seriously endangered if leave, or part of the leave is not suspended.
S. 55(2) amended by No. 7/2002 s. 26(2)(a).
(2) If leave is suspended, the chief psychiatrist or Secretary must confirm the suspension in writing to the person in respect of whom the leave is suspended.
(3) If the chief psychiatrist or Secretary is satisfied that the reason for the suspension no longer exists, he or she must lift the suspension immediately.
(4) The chief psychiatrist or Secretary must give notice to the person or body that granted the leave of any suspension or lifting of suspension under this section (except where the Secretary suspends special leave that he or she granted).
S. 55(5) amended by No. 7/2002 s. 26(2)(b).
(5) A person whose leave is wholly suspended under this section is deemed not to have leave of absence during the period of suspension.
S. 55(6) inserted by No. 7/2002 s. 26(3).
(6) A person whose leave is partly suspended under this section is deemed not to have the suspended part of the leave of absence during the period of suspension.
S. 56 amended by No. 44/2004 s. 9(2) (ILA s. 39B(1)).