Victorian Current Acts Victorian Current ActsS. 58(1) amended by No. 15/2015 s. 37(23).
(1) Extended leave may be suspended 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 is not suspended.
(2) If extended leave is suspended, the chief psychiatrist or Secretary must—
(a) confirm the suspension in writing to the person formerly on leave; and
(b) subject to subsection (5), within 48 hours after the suspension—
(i) make an application to the court that granted the leave for revocation of the leave; or
(ii) lift the suspension.
(3) The court must hear an application referred to in subsection (2)(b)(i) as soon as possible.
(4) On an application under subsection (2)(b)(i) the court may—
(a) if satisfied on the evidence available that the safety of the forensic patient or forensic resident or members of the public will be seriously endangered if the suspension is not confirmed or leave is not revoked, revoke the leave; or
(b) if not satisfied, lift the suspension.
(5) 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.
(6) A person whose leave is suspended under this section is deemed not to have leave of absence during the period of suspension.
Note to s. 58(6) inserted by No. 7/2002 s. 28(2), amended by Nos 26/2014 s. 448, 39/2022 s. 818 (as amended by No. 20/2023 s. 49(6)).
Note
There are provisions for the apprehension of persons absent without leave in section 221, Part 5.3 and sections 547A and 576A of the Mental Health and Wellbeing Act 2022 and section 160 of the Disability Act 2006 (for forensic residents). See also section 30B of this Act, which provides for warrants to be issued for the arrest of a person who is no longer in Victoria.
S. 58A inserted by No. 7/2002 s. 29.