545Grant of leave of absence

545 Grant of leave of absence

(1) Subject to subsections (2), (3) and (4), an authorised psychiatrist may grant a security patient a leave of absence from a designated mental health service—

(a) for the purpose of receiving treatment or medical treatment; or

(b) for any other purpose that the authorised psychiatrist is satisfied is appropriate.

(2) The authorised psychiatrist may grant a security patient a leave of absence for a period—

(a) not exceeding 7 days, in the case of leave granted for the purpose of receiving treatment or medical treatment; or

(b) not exceeding 24 hours, in any other case.

(3) The authorised psychiatrist may grant a leave of absence for a security patient subject to any conditions that the authorised psychiatrist is satisfied are necessary—

(a) having regard to the purpose of the leave; and

(b) if satisfied on the evidence available that the health and safety of the security patient or the safety of any other person will not be seriously endangered as a result.

(4) The authorised psychiatrist may vary the conditions or duration of the leave of absence—

(a) having regard to the purpose of the leave; and

(b) if satisfied on the evidence available that the health and safety of the security patient or the safety of any other person will not be seriously endangered as a result.

(5) In making a determination under subsection (3) or (4), to the extent that is reasonable in the circumstances, the authorised psychiatrist must have regard to all of the following—

(a) the security patient's views and preferences about the leave and the reasons for those views and preferences, including the recovery outcomes that the security patient would like to achieve;

(b) the views and preferences of the security patient expressed in the patient's advance statement of preferences;

S. 545(5)(c) amended by No. 44/2025 s. 69.

(c) the security patient's views and preferences expressed by the security patient's nominated support person;

(d) the views of a guardian of the security patient;

(e) the views of the security patient's carer, if the authorised psychiatrist is satisfied that the decision will directly affect the carer and the care relationship;

(f) the views of a parent of the security patient, if the security patient is under the age of 16 years;

(g) the views of the DFFH Secretary, if that Secretary has parental responsibility for the security patient under a relevant child protection order.