162Extended leave

162 Extended leave

(1) In this section, extended leave means leave for a RTO resident to be absent from the residential treatment facility—

(a) for the period, not exceeding 12 months; and

(b) subject to the conditions (if any)—

specified by the court which made the residential treatment order.

(2) The purpose of extended leave is to enable the RTO resident to be re-integrated within the community while still subject to conditions specified by the court that made the residential treatment order.

(3) An application for extended leave for a RTO resident may be made to the court that made the residential treatment order to which they are subject—

(a) by the RTO resident; or

S. 162(3)(b) substituted by No. 9/2023 s. 122(1).

(b) with the approval of the Secretary, by the Authorised Program Officer.

S. 162(4) substituted by No. 9/2023 s. 122(2).

(4) An application under subsection (3) must include a leave plan prepared by the Authorised Program Officer.

(5) The court may grant an application under subsection (3) if the court is satisfied on reasonable grounds that the safety of the RTO resident or members of the public will not be seriously endangered as a result of the RTO resident being allowed extended leave.

(6) An application for extended leave can be made and granted more than once.