166APerson absent without approval

166A Person absent without approval (1) This section applies to a person who is admitted to an approved treatment facility under Part 5 or 6 if: (a) the person is absent from the facility without leave granted under section 166(1); or (b) the person has been granted leave under section 166(1) and any of the following occurs: (i) the person fails to return to the facility by the end of the leave; (ii) the leave is cancelled; (iii) the person fails to comply with a condition of the leave. Section 83A applies to a prisoner who is absent from an approved treatment (2) A police officer or person authorised by an authorised psychiatric practitioner may: (a) apprehend the person; and (b) return the person to the facility. (3) Reasonable force and assistance may be used for subsection (2). (4) For subsection (2), a police officer may enter private premises or any other private place where the police officer reasonably believes the person may be found. (5) The person-in-charge of the approved treatment facility must ensure the following are notified of the person's absence: (a) the person's adult guardian; (aa) if the person has a decision maker – the decision maker; (b) the person's representative; (c) the person's primary carer;

Mental Health and Related Services Act 1998 134 (d) the Tribunal. (6) As soon as practicable after the person is found, the person-in- charge must ensure anyone notified under subsection (5) is notified that the person has been found. (7) A notification under this section may be given by the person-in- charge, an authorised psychiatric practitioner, a medical practitioner, the senior nurse on duty at the facility, the person's primary nurse or psychiatric case manager. (8) A person who gives a notification under subsection (5) must make a record of the notification in accordance with approved procedures.