Mental Health (Compulsory Assessment and Treatment) Act 1992

115A Assisting patient on inpatient order to be absent without leave

• (1) Subsection (2) applies to a person who is employed in or about a hospital in which a patient who is subject to an inpatient order is detained.

  (2) Every such person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if he or she—

  • (a) intentionally permits such a patient to become, or to attempt to become, absent without leave from the hospital; or

  • (b) connives at any such absence or attempted absence.

  (3) Every person commits an offence and is liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if he or she—

  • (a) intentionally instigates or assists any patient who is subject to an inpatient order to become, or to attempt to become, absent without leave from the hospital specified in the order or to which the patient has been transferred under section 127; or

  • (b) intentionally assists any patient who is so absent to avoid, or to attempt to avoid, being retaken.

  Section 115A: inserted, on 1 April 2000, by section 65 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).