548Application to Mental Health Tribunal for review of decision not to grant leave of absence

548 Application to Mental Health Tribunal for review of decision not to grant leave of absence

(1) A security patient may apply to the Mental Health Tribunal for a review of an authorised psychiatrist's decision to not grant a leave of absence under section 545.

(a) hear and determine the application as soon as practicable; and

(b) have regard to the matters referred to in section 545(5) when determining the application, to the extent that is reasonable in the circumstances.

(3) If the Mental Health Tribunal is 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 of granting the security patient a leave of absence and having regard to the purpose of the leave, the Tribunal must make an order granting the application and direct the authorised psychiatrist to grant a leave of absence subject to specified conditions and 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.

(4) If the Mental Health Tribunal is not 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 of granting the security patient a leave of absence and having regard to the purpose of the leave, the Tribunal must make an order refusing the application and confirm the authorised psychiatrist's decision.

Part 10.5—Monitored leave