Mental Health Act 2016
sec.623Offences relating to patients unlawfully absent
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sec.623 Offences relating to patients unlawfully absent
A person must not— induce, or knowingly help, a patient of an authorised mental health service or public sector health service facility to unlawfully absent himself or herself from the service or facility; or knowingly harbour a patient who is unlawfully absent from an authorised mental health service or public sector health service facility. Maximum penalty— for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or otherwise—200 penalty units. Without limiting subsection (1) (b) , a patient mentioned in section 622 (1) is unlawfully absent from an authorised mental health service or public sector health service facility if the patient has absconded from the charge of a person mentioned in section 622 (2) . A person employed in an authorised mental health service or public sector health service facility must not wilfully allow a patient detained in the service or facility to unlawfully absent himself or herself from the service or facility. Maximum penalty— for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or otherwise—200 penalty units. In this section— unlawfully means without authority under this Act or other legal authority, justification or excuse. (sec.623-ssec.1) A person must not— induce, or knowingly help, a patient of an authorised mental health service or public sector health service facility to unlawfully absent himself or herself from the service or facility; or knowingly harbour a patient who is unlawfully absent from an authorised mental health service or public sector health service facility. Maximum penalty— for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or otherwise—200 penalty units. (sec.623-ssec.2) Without limiting subsection (1) (b) , a patient mentioned in section 622 (1) is unlawfully absent from an authorised mental health service or public sector health service facility if the patient has absconded from the charge of a person mentioned in section 622 (2) . (sec.623-ssec.3) A person employed in an authorised mental health service or public sector health service facility must not wilfully allow a patient detained in the service or facility to unlawfully absent himself or herself from the service or facility. Maximum penalty— for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or otherwise—200 penalty units. (sec.623-ssec.4) In this section— unlawfully means without authority under this Act or other legal authority, justification or excuse.
- (a) induce, or knowingly help, a patient of an authorised mental health service or public sector health service facility to unlawfully absent himself or herself from the service or facility; or