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

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8.77 The same criteria outlined at [8.75] apply to an application to vary a forensic patient or
forensic resident’s on-ground or limited off-ground leave. However, the Forensic Leave
Panel must also be satisfied that there has been a significant alteration in the person’s
circumstances since it last granted or varied leave. 77
Suspension of on-ground leave or limited off-ground leave
8.78 The Chief Psychiatrist (for forensic patients) or the Secretary to the Department of Human
Services (for forensic residents) may suspend on-ground or limited off-ground leave
if they are satisfied on the evidence available that the safety of the forensic patient or
forensic resident on leave or members of the public will be seriously endangered if they
do not suspend leave, or part of the leave. 78 The Chief Psychiatrist or Secretary to the
Department of Human Services must lift the leave suspension where there is no longer a
reason for suspending a forensic patient or forensic resident’s leave. 79
8.79 In 2011, nine forensic patients had their leave partially or wholly suspended. No forensic
residents had their leave suspended during the same period. 80
Extended leave
8.80 Extended leave allows a forensic patient or a forensic resident to leave the place where
they are being detained for a period of time not exceeding 12 months. 81
8.81 In 2011–12, six patients moved from Thomas Embling Hospital to live full time in the
community on extended leave. 82
Applying for extended leave
8.82 A forensic patient or forensic resident may apply for extended leave to the court that
made their original custodial supervision order. 83 The forensic patient or forensic resident
can apply for extended leave themselves or the authorised psychiatrist (for forensic
patients) or the Secretary to the Department of Human Services (for forensic residents)
can apply on their behalf. 84
Extended leave plan
8.83 The authorised psychiatrist (for a forensic patient) or the Secretary to the Department of
Human Services (for a forensic resident) must prepare a leave plan and submit it to the
court in support of an application for extended leave. 85 The court may grant extended
leave if satisfied that the safety of the person applying for leave or the safety of members
of the public will not be seriously endangered as a result of the person’s extended leave. 86
The court must also consider a number of matters under section 40 of the CMIA, such as
the nature of the person’s mental impairment and whether there are adequate resources
available for the treatment and support of the person in the community. These matters
will be considered in more detail in Chapter 9.
77 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 54(3)(c).
78 Ibid s 55(1).
79 Ibid s 55(3).
80 Forensic Leave Panel, Annual Report 2011, above n 41, Appendix C.
81 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) s 56(1)(a).
82 Victorian Institute of Forensic Mental Health, above n 37, 31.
83 Ibid s 57(1).
84 Ibid s 57(1).
85 Ibid s 57A.
86 Ibid s 57(2).
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