79Extension, variation and cancellation of leave of absence

79 Extension, variation and cancellation of leave of absence

(1)  If leave of absence (leave) is granted under section 78 , the Tribunal, by notice to the patient, may at any time –

(a) extend the leave; or

(b) vary the conditions of the leave.

(2)  An extension of leave or variation of the conditions of leave may be granted under subsection (1) only –

(a) [Section 79 Subsection (2) amended by No. 4 of 2023, s. 94, Applied:25 Sep 2023] if the leave is for clinical reasons, on the application of the Chief Psychiatrist; or

(b) if the leave is for personal reasons, on the application of –

(i) the patient; or

(ii) [Section 79 Subsection (2) amended by No. 4 of 2023, s. 94, Applied:25 Sep 2023] the Chief Psychiatrist; or

(iii) [Section 79 Subsection (2) amended by No. 4 of 2023, s. 94, 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 patient's welfare.

(3)  [Section 79 Subsection (3) amended by No. 59 of 2016, s. 41, Applied:01 Jul 2017] An application for extension of leave must be lodged at least 20 days before the leave expires.

(3A)  [Section 79 Subsection (3A) inserted by No. 59 of 2016, s. 41, Applied:01 Jul 2017] Once an application for an extension or variation of conditions of leave 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;