191Review of determination relating to leave of absence

191 Review of determination relating to leave of absence

The following provisions govern the review of the grant, refusal or variation of a leave of absence (leave) to an involuntary patient, or to a forensic patient who is not subject to a restriction order:

(a) the Tribunal may do the review on its own motion at any time;

(b) the Tribunal must do the review on the application of any person with the necessary standing;

(c) the review may be done whether or not the leave is prospective or, if applicable, has commenced or concluded or been varied;

(d) on review, the Tribunal may –

(i) affirm the decision to grant, refuse or vary the leave; or

(ii) set aside the decision to grant, refuse or vary the leave;

(e) if the relevant decision is set aside, the Tribunal may –

(i) substitute its own decision for the one set aside; or

(ii) remit the matter to the decision-maker, with or without directions, for redetermination;

(f) nothing in this section is to be taken as authorising the Tribunal, on review, to –

(i) [Section 191 Amended by No. 59 of 2016, s. 59, Applied:01 Jul 2017] grant an involuntary patient leave for a continuous period of more than 14 days; or

(ii) [Section 191 Amended by No. 59 of 2016, s. 59, Applied:01 Jul 2017] direct that an involuntary patient be granted leave for a continuous period of more than 14 days.