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

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On-ground leave and limited off-ground leave
8.61 The Forensic Leave Panel makes decisions about on-ground and limited off-ground leave.
On-ground leave allows a forensic patient or forensic resident to leave their place of
detention and receive services, but requires them to remain ‘within the surrounds’ of the
place of detention, which the Governor in Council declares. 58
8.62 Forensic patients at Thomas Embling Hospital do not require on-ground leave because the
hospital has sufficient grounds within the secure perimeter. Consequently, the Forensic
Leave Panel does not hear any applications from forensic patients for on-ground leave. 59
Forensic residents, however, have made use of on-ground leave provisions under the
CMIA. 60
8.63 Limited off-ground leave allows a forensic patient or forensic resident, for a maximum of
six months, to leave their place of detention:
• between the hours of 6am and 9pm, and
• outside those hours on a maximum of three days in any seven day period. 61
8.64 The times specified for limited off-ground leave ‘allow more flexibility in allowing clinically
appropriate rehabilitative activities’. 62
Applying for or varying on-ground or limited off-ground leave
8.65 The forensic patient or forensic resident or the authorised psychiatrist (for forensic
patients) or the Secretary to the Department of Human Services (for forensic residents)
can make an application for on-ground or limited off-ground leave, or an application to
vary these types of leave. 63
8.66 In making leave decisions, the Forensic Leave Panel must primarily have regard to the
forensic patient or forensic resident’s current mental condition or pattern of behaviour
and to their clinical history and social circumstances. 64 The Forensic Leave Panel must also
have regard to the applicant profile and the leave plan or statement submitted with the
leave application. 65
Applicant profile
8.67 An applicant profile must be provided with the leave application.
8.68 The applicant profile contains a range of information to assist the Forensic Leave Panel to
make a decision about granting or varying leave, including the relationship between the
forensic patient or forensic resident’s impairment, condition or disability and the offending
conduct, their current mental state or pattern of behaviour and the offence that led to
the making of the supervision order. 66
8.69 The Clinical Director of Forensicare or the authorised psychiatrist for the approved mental
health service provides the applicant profile for forensic patients. For forensic residents,
the Secretary to the Department of Human Services provides the applicant profile. 67
58 Ibid ss 51, 52.
59 Forensic Leave Panel, Annual Report 2011, above n 41.
60 Ibid 3.
61 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 53.
62 Victoria, Parliamentary Debates, Legislative Assembly, 29 November 2001, 2189 (John Thwaites).
63 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 54(1).
64 Ibid s 54(4)(a).
65 Ibid s 54(4)(c).
66 Ibid s 54A(2). An application profile must include information concerning the forensic patient or forensic resident’s impairment, condition
or disability, the relationship between the impairment, condition or disability and the offending conduct, their clinical history and social
circumstances, their current mental state or pattern of behaviour, the offence that led to the supervision order being made and details of
the order and nominal term.
67 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 54A(1).
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