Crimes Mental Impairment consultation paper.pdf - Victorian Law ...

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8 Table 5: Types of leave available under the CMIA 46 Type of leave Conditions Who can apply Who can grant Who can suspend Special leave Not more than seven days in the case of absence for medical treatment or not more than 24 hours in any other case Forensic patient Forensic resident Person on behalf of the forensic patient or resident Authorised psychiatrist (for forensic patients) or the Secretary to the Department of Human Services (for forensic residents) Chief Psychiatrist (for forensic patients) or Secretary to the Department of Human Services (for forensic residents) Onground leave Absence from the place of custody but within the surrounds of the mental health service or residential treatment facility or institution Forensic patient Forensic resident Authorised psychiatrist (for forensic patients) or the Secretary to the Department of Human Services (for forensic residents) Forensic Leave Panel Chief Psychiatrist (for forensic patients) or Secretary to the Department of Human Services (for forensic residents) Limited offground leave Between 6am and 9pm and outside those hours on a maximum of three days in any seven day period Forensic patient Forensic resident Authorised psychiatrist (for forensic patients) or the Secretary to the Department of Human Services (for forensic residents) Forensic Leave Panel Chief Psychiatrist (for forensic patients) or Secretary to the Department of Human Services (for forensic residents) Extended leave Not more than 12 months but extensions may be granted Forensic patient Forensic resident Authorised psychiatrist (for forensic patients) or the Secretary to the Department of Human Services (for forensic residents) Court which originally made the supervision order Chief Psychiatrist (for forensic patients) or Secretary to the Department of Human Services (for forensic residents) 46 The format for this table is based on a table in Department of Human Services, Non-custodial supervision orders: Policy and procedure manual (2009). 169
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper Special leave 8.54 Special leave allows a forensic patient or forensic resident on a custodial supervision order to leave their place of detention and receive services for: • seven days for the purpose of receiving medical treatment, or • 24 hours for non-medical treatment purposes. 47 8.55 The authorised psychiatrist (for forensic patients) or the Secretary to the Department of Human Services (for forensic residents) make decisions on special leave. 48 Applying for special leave 8.56 A forensic patient or forensic resident, or a person on their behalf, may apply for special leave by specifying the special circumstances for which the person requires leave. 49 8.57 The authorised psychiatrist or the Secretary to the Department of Human Services must grant the application for special leave if they are satisfied on the evidence that: • there are special circumstances, and • the safety of members of the public will not be seriously endangered. 50 8.58 The authorised psychiatrist or Secretary to the Department of Human Services may approve special leave subject to specified conditions. 51 Appealing special leave decisions 8.59 A forensic patient or forensic resident may appeal to the Forensic Leave Panel against a decision not to grant special leave. 52 The Forensic Leave Panel may either confirm the decision of the authorised psychiatrist or the Secretary to the Department of Human Services to refuse to grant special leave or allow the person to take special leave. 53 There were no appeals of special leave decisions in Victoria in 2011. 54 Suspension of special leave 8.60 The Chief Psychiatrist 55 (for forensic patients) or the Secretary to the Department of Human Services (for forensic residents) may suspend leave if they are satisfied on the evidence available that the safety of the person on leave or members of the public will be seriously endangered if they do not suspend leave, or part of the leave. 56 The Chief Psychiatrist or Secretary to the Department of Human Services must lift the leave suspension where there is no longer any reason for suspending the person’s leave. 57 170 47 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 50(6)(a). 48 Ibid s 50(2). 49 Ibid s 50(1). 50 Ibid s 50(3). 51 Ibid s 50(6)(b). 52 Ibid s 50(4). 53 Ibid s 50(5). 54 Forensic Leave Panel, Annual Report 2011, above n 41, Appendix C. 55 The Chief Psychiatrist is appointed by the Secretary to the Department of Health under the Mental Health Act 1986 (Vic). 56 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 55(1). 57 Ibid s 55(3).
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2 The CMIA: background and principl
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2 criminal law, 44 and is also reco
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2 Protection of the community 2.62
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2 Family members of people subject
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2 2.94 The CMIA’s therapeutic aim
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2 Principles governing the treatmen
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4 Unfitness to stand trial 52 Intro
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4 The test in Victoria: the ‘Pres
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