78When leave of absence for forensic patients subject to restriction orders may be granted

78 When leave of absence for forensic patients subject to restriction orders may be granted

(1)  The Tribunal may grant a forensic patient who is subject to a restriction order leave of absence in Tasmania (leave), unless the restriction order expressly provides to the contrary.

(2)  The leave may be granted for clinical or personal reasons.

(3)  [Section 78 Subsection (3) amended by No. 4 of 2023, s. 93, Applied:25 Sep 2023] Leave for clinical reasons may be granted only on the application of the Chief Psychiatrist.

(4)  Leave for personal reasons may be granted only on the application of –

(a) the patient; or

(b) [Section 78 Subsection (4) amended by No. 4 of 2023, s. 93, Applied:25 Sep 2023] the Chief Psychiatrist; or

(c) [Section 78 Subsection (4) amended by No. 4 of 2023, s. 93, Applied:25 Sep 2023] by leave of the Tribunal, a person who, in the opinion of the Chief Psychiatrist, has a genuine interest in the person's welfare.

(5)  The patient may ask any SMHU staff member for help in making the request and the SMHU staff member is to –

(a) render that help to the best of his or her ability; or

(b) arrange for another SMHU staff member to render that help.

(6)  The application is to be in accordance with section 195 .

(7)  Once the application has been made, the following provisions apply:

(a) the Tribunal is to notify the Secretary (Corrections) of the application;

(b) the Secretary (Corrections) is to check the Eligible Persons Register to determine whether there are any eligible persons in relation to the patient;

(c) if there are such eligible persons, the Secretary (Corrections) is to make a reasonable attempt to notify each of them of the application and of their right to make written submissions in respect of it within 10 days after the eligible person is notified;