122Leave in emergency or special circumstances

122 Leave in emergency or special circumstances health order if— (a) the ACAT has ordered the detention; or (b) the relevant official has detained the person at the facility.

(2) The relevant official may grant the person a period of leave from the approved mental health facility or approved community care facility if satisfied that— (a) there are emergency or special circumstances for granting the leave; and 1 to attend a relative’s funeral 2 to attend an urgent medical appointment (b) the safety of the person, someone else or the public will not be seriously endangered by the leave. (3) Before granting leave the relevant official must— (a) if the person is a detainee—obtain the agreement of the corrections director-general; and (b) if the person is a young detainee—obtain the agreement of the CYP director-general; and (c) if the person is not a detainee or young detainee—consult the (4) The relevant official must not grant leave under this section if the (a) has applied for leave based on the same emergency or special circumstances under section 119 (Grant of leave for person detained by ACAT), section 121 (Grant of leave for person detained by relevant official) or this section; and (b) the ACAT or the relevant official has refused to grant the leave. (5) If leave is granted under this section, the relevant official must give written notice to—

Note The function of granting leave under this section must not be delegated (see s 200 (2) (Delegation by chief psychiatrist) and s 207 (2) (Delegation by care coordinator)).