83Extension, variation and cancellation of leave of absence

83 Extension, variation and cancellation of leave of absence

(1)  [Section 83 Subsection (1) amended by No. 4 of 2023, s. 98, Applied:25 Sep 2023] If leave of absence (leave) is granted under section 82 , the Chief Psychiatrist, by notice to the patient, may at any time –

(a) extend the leave; or

(b) vary the conditions of the leave.

(2)  If the patient is a youth detainee, the extension or variation requires the consent of the Secretary (Youth Justice).

(2A)  [Section 83 Subsection (2A) inserted by No. 59 of 2016, s. 42, Applied:01 Jul 2017] In considering whether or not to extend, or vary the conditions of, leave, the following provisions apply:

(a) [Section 83 Subsection (2A) amended by No. 4 of 2023, s. 98, Applied:25 Sep 2023] the Chief Psychiatrist is to notify the Secretary (Corrections) that an extension or variation of the leave is under consideration;

(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 consideration and of their right to make written submissions in respect of it within 10 days after the eligible person is notified;

(d) [Section 83 Subsection (2A) amended by No. 4 of 2023, s. 98, Applied:25 Sep 2023] [Section 83 Subsection (2A) amended by No. 4 of 2023, s. 98, Applied:25 Sep 2023] the Chief Psychiatrist is to notify any other person who, in the Chief Psychiatrist's opinion, should be notified of the consideration and of that person's right to make written submissions in respect of it within 10 days after being notified of the application.

(2B)  In the case of an extension of leave, the Chief Psychiatrist is to notify the Secretary (Corrections) under not less than 20 days before the leave is due to expire.