61Absence from approved hospital without leave or in breach of condition, &c.

61 Absence from approved hospital without leave or in breach of condition, &c.

(1)  This section applies if –

(a) an involuntary patient has taken leave of absence from an approved hospital pursuant to section 60 ; and

(b) any of the following occurs:

(i) the patient fails to comply with a condition of the leave;

(ii) the leave is cancelled;

(iii) the period of leave expires and the patient has not returned to the approved hospital; and

(c) the order authorising the patient's detention in the approved hospital is still in effect.

(1A)  [Section 61 Subsection (1A) inserted by No. 59 of 2016, s. 35, Applied:01 Jul 2017] This section also applies if a patient is absent from an approved hospital without leave.

(2)  [Section 61 Subsection (2) amended by No. 59 of 2016, s. 35, Applied:01 Jul 2017] The treating medical practitioner is to alert the Tribunal and may alert the Commissioner of Police of the circumstances.

(3)  [Section 61 Subsection (3) amended by No. 4 of 2023, s. 80, Applied:25 Sep 2023] Any MHO or police officer may detain the patient as may be required for the purpose of returning the patient to the approved hospital.

(4)  For the purposes of subsection (3) , the custody and escort provisions apply.