121Grant of leave for person detained by relevant official

121 Grant of leave for person detained by relevant official health order if the relevant official has detained the person at the Note 1 The chief psychiatrist may make a determination under s 103 (Role of chief psychiatrist—forensic psychiatric treatment order) requiring detention of a person at an approved mental health facility. Note 2 The care coordinator may require a person to be detained at an approved community care facility (see s 114 and s 124). (2) The relevant official may grant a period of leave from the approved mental health facility or approved community care facility— (a) on application by the person; or (b) on the relevant official’s own initiative. (3) Before granting leave the relevant official must— (a) notify the ACAT of the application for leave; and (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. (4) The relevant official must not grant leave if satisfied that— (a) the person applied to the ACAT for leave for the same purpose in the previous 6 months; and (b) the application was refused.

(5) The relevant official may allow the person to take a period of leave for any purpose the relevant official considers appropriate if satisfied (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. 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) The grant of leave must state— (7) The grant of leave may be subject to conditions, including in relation to any of the following:

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