82When leave of absence for forensic patients not subject to restriction orders may be granted

82 When leave of absence for forensic patients not subject to restriction orders may be granted

(1)  [Section 82 Subsection (1) amended by No. 4 of 2023, s. 97, Applied:25 Sep 2023] The Chief Psychiatrist may grant a forensic patient who is not subject to a restriction order leave of absence in Tasmania (leave).

Note

The application of this provision to an involuntary patient who is taken to be a forensic patient is modified by section 67 .

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

(3)  Leave for clinical reasons may be granted only on the application of the treating medical practitioner.

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

(a) the patient; or

(b) [Section 82 Subsection (4) amended by No. 4 of 2023, s. 97, Applied:25 Sep 2023] a person who, in the opinion of the Chief Psychiatrist, has a genuine interest in the person's welfare.

(5)  The forensic 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 may be made by any person, in writing or by any other available means of communication.

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

(a) [Section 82 Subsection (7) amended by No. 4 of 2023, s. 97, Applied:25 Sep 2023] the Chief Psychiatrist 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;