If you are subject to a Restriction Order, the order requires that you are admitted to and detained in a secure mental health unit (SMHU) until the order is discharged by the Supreme Court. While you remain under the restriction order, section 72Q of the Mental Health Act 1996 makes provision for leave of absence from the SMHU in a number of specified circumstances.
Application for leave | Notification of victims | Notification of victims of changes to leave | Decision of the Tribunal | Changing conditions of leave
To seek leave of absence from The Wilfred Lopes Centre, an application must be made to the Forensic Tribunal.
An application for leave may be requested for a number of reasons. These are:
personal reasons;
for the purpose of rehabilitation or reintegration into the community;
any other purpose the Chief Forensic Psychiatrist considers necessary or appropriate.
Personal reasons would include reasons such as visiting a sick or dying relative, attending a relatives funeral, wedding or other occasion of a family importance, or attendance at a an event of special cultural, spiritual or religious significance.
An application for leave for personal reasons can be made by:
you;
a person responsible for you;
a relative or close friend;
any other person granted leave to apply by the Forensic Tribunal; or
the Chief Forensic Psychiatrist.
Applications for leave for any other reasons can only be made by the Chief Forensic Psychiatrist.
The application must be in writing, and must be for leave within Tasmania.
When the written application has been received by the Forensic Tribunal, the Tribunal must notify the Victims Register of the application. A search of the Register is conducted and any victims registered in relation to the offence are notified of the application. A victim has a right to make written submissions regarding the application.
The Tribunal is also required to notify members of your family of the application, and advise them that they may make written submissions regarding the application.
Leave from the Wilfred Lopes Centre cannot commence until each victim registered in the Victims Register has been notified that leave has been granted or the conditions of leave amended.
In all situations where leave has been granted, extended or cancelled, or the conditions of leave amended, the Tribunal must give written notification to each victim registered in the Victims Register in relation to the forensic patient of the changes that have been made.
Before making a decision, the Forensic Tribunal must consider any written submissions made by:
any registered victims;
family members;
yourself;
the Chief Forensic Psychiatrist, an approved medical practitioner, or the controlling authority of the Wilfred Lopes Centre; and
any other written submissions the Tribunal considers relevant.
The Tribunal may then either grant or refuse to grant the leave of absence. Leave may be granted for a particular period and/or for a particular purpose. The Tribunal may place conditions on which the leave is granted, according to considerations of the interests of you or for the protection of other people. Examples of what conditions may be considered necessary include specifying a region in which the leave is to be (or is not to be) taken, or restricting access to alcohol.
You will receive a copy of all of the conditions upon which leave is granted from the Tribunal. See also Changing Conditions of Leave.