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

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8 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). 171
Victorian Law Reform Commission Review of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997: Consultation Paper Leave plan or statement 8.70 The Clinical Director of Forensicare or the authorised psychiatrist for the approved mental health service (for forensic patients) or the Secretary to the Department of Human Services (for forensic residents) must also provide a leave plan or statement. 68 A leave plan or statement does not have to be provided by them if they consider that the application should be refused. 8.71 The CMIA started to require a leave plan with all applications to the Forensic Leave Panel following the Vincent Review ‘to ensure that the forensic leave panel is properly informed before granting leave’. 69 8.72 The leave plan or statement should also include information on the purpose of the leave and how it will contribute to the forensic patient or forensic resident’s rehabilitation, any proposed conditions of the leave and any other information the Clinical Director or Secretary to the Department of Human Services consider relevant or that the Forensic Leave Panel has requested. 70 This provision ‘allows the person’s treating team to recommend any leave conditions and/or recommend against leave being granted’. 71 8.73 The Forensic Leave Panel’s Annual Report lists the most common types of leave granted, including leave to: • attend medical, legal, dental or allied health appointments • undertake activities of daily living (for example, personal shopping and banking) • build or maintain relationships with family or friends in the community • participate in therapeutic or rehabilitation groups, activities and programs • attend educational and vocational activities, groups and courses • participate in or seek voluntary or paid employment. 72 8.74 The Clinical Director or Secretary to the Department of Human Services only provides a leave plan if they consider that the application should be granted. 73 If they consider that an application should be refused, the Clinical Director or Secretary to the Department of Human Services must provide a written statement to the Forensic Leave Panel outlining the reasons the application should not be granted, and any other information they consider relevant or that the Forensic Leave Panel has requested. 74 Criteria for granting or varying on-ground or limited off-ground leave 8.75 The Forensic Leave Panel may grant an application for on-ground or limited off-ground leave if it is satisfied on the evidence that: • the proposed leave will contribute to the person’s rehabilitation, and • the safety of the person or members of the public will not be seriously endangered as a result of the person’s leave. 75 8.76 The Forensic Leave Panel can place any conditions on leave that it considers appropriate, including any escorts that may be required, where the forensic patient or forensic resident may go while on leave, who they may meet with, their travel arrangements or any requirement to undertake drug or alcohol testing following return from leave. 76 172 68 Ibid s 54B(1). 69 Victoria, Parliamentary Debates, Legislative Assembly, 29 November 2001, 2189 (John Thwaites). 70 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 54B(2). 71 Forensic Leave Panel, Annual Report 2011, above n 41, 6. 72 Ibid 4. 73 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 54B(1). 74 Ibid s 54B(3). 75 Ibid s 54(2). 76 Forensic Leave Panel, Annual Report 2011, above n 41, 3.
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