198MNotice of discharge, leave of absence, or escape or death of accused or offender who is compulsorily detained in hospital or facility

1. This section applies only if the accused or offender is liable to be detained in a hospital or facility in connection with the offence as a special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 in accordance with Part 10 of this Act.

2. The Director must give a victim to whom this section applies—

3. reasonable prior notice of an impending discharge of the accused or offender from the hospital or facility; and
4. reasonable prior notice of the first unescorted leave of absence from the hospital or facility granted to the accused or offender under a leave provision; and
5. reasonable prior notice of the first unescorted overnight leave of absence granted to the accused or offender under a leave provision; and
6. notice, as soon as practicable, of every escape by the accused or offender; and
7. notice, as soon as practicable, of the death (whether within or outside a hospital or facility) of the accused or offender; and
8. notice, as soon as practicable, of the accused or offender ceasing to be a special patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

9. To avoid doubt, in subsection (2)(b),—

   facility includes the land on which the facility is situated

   hospital includes the land on which the hospital is situated.

10. In this section, leave provision means section 31, 50, or 52 of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

11. The Director-General of Health must give the Director notice of the matters described in subsection (2) in order that the Director can give notice to the victim in accordance with that subsection.