80Victims to be notified of leave of absence of patient

80 Victims to be notified of leave of absence of patient

(1)  If a forensic patient has been granted under section 78 a leave of absence from an SMHU, the controlling authority of the SMHU must not allow the patient to actually take the leave of absence without first notifying the Secretary (Corrections) and ensuring that –

(a) the Secretary (Corrections) has notified each eligible person in relation to the patient of the grant of the leave and the terms and conditions of the leave; or

(b) circumstances have rendered it impossible, impracticable or inappropriate for the Secretary (Corrections) to give such notice in a particular case.

(2)  Subsection (1) prevails over –

(a) section 78 ; and

(b) [Section 80 Subsection (2) amended by No. 4 of 2023, s. 95, Applied:25 Sep 2023] any order or direction of the Tribunal or the Chief Psychiatrist; and

(c) any standing orders.

(3)  If the Secretary (Corrections) is notified of an extension under section 79 of a forensic patient's leave of absence, any variation of the conditions of the patient's leave of absence or the cancellation of the patient's leave of absence, the Secretary (Corrections) is to make a reasonable attempt to give each eligible person in relation to the patient notice of the extension, variation or cancellation.