119Grant of leave for person detained by ACAT

119 Grant of leave for person detained by ACAT health order if the ACAT has ordered the detention. Note 1 The ACAT may order the detention of a person under a forensic mental health order under s 102 (1) (d) or s 109 (1) (e). (2) The ACAT may grant the person a period of leave from the facility— (a) on application by the person; or (b) on application by the relevant official for the order. (3) Before granting leave the ACAT must— (a) if the person is subject to a corrections order— (i) if the person is a detainee—obtain the agreement of the corrections director-general; or (ii) if the person is a young detainee—obtain the agreement of the CYP director-general; or (iii) if the person is not a detainee or young detainee—consult the relevant director-general for the corrections order; and (b) if the application is by the person—consult the relevant official for the order. (4) The ACAT may grant leave for any purpose the ACAT considers appropriate if satisfied that— (a) the consultation mentioned in subsection (3) does not raise a serious concern about the appropriateness of the leave; and (b) the safety of the person, anyone else or the public will not be seriously endangered.

(5) The ACAT may refuse to grant leave if satisfied that— (a) the person applied for leave for the same purpose in the previous 6 months; and (b) the application was refused. Examples—purposes 1 to attend a health or rehabilitation service 2 to take part in work or work-related activities 3 for compassionate reasons (6) A grant of leave must state— (7) A grant of leave may be subject to conditions, including in relation to any of the following:

(i) any other condition the ACAT considers appropriate in the circumstances, taking into account the safety of the person, (8) If leave is granted under this section, the ACAT must give written notice to— (b) the relevant official for the order; and