174Admission of persons to mental health facilities in other States

#### 174 Admission of persons to mental health facilities in other States 174 Admission of persons to mental health facilities in other States (cf 1990 Act, s 286F) > > (1) A person who may be taken to and detained in a mental health facility under Chapter 3 or under the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) may be taken to a mental health facility in another State instead of a mental health facility in this State, if this is permitted by or under a corresponding law of the other State. > > > (2) A person may be taken to a mental health facility in another State under this section by— > > > > > (a) a person who is authorised by this Act or the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) to take a person to a declared mental health facility, or to apprehend a person and take the person to a declared mental health facility, if this is permitted by or under the law of the other State, or > > > > > (b) any other person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State. > > > (3) The regulations may make provision for or with respect to the following matters— > > > > > (a) the handing over of custody of a person referred to in subsection (1) by persons in this State, > > > > > (b) the persons (including interstate persons) who may take any such person to a mental health facility in another State under this section, > > > > > (c) the mental health facilities to which a person may be taken under this section and the places taken to be mental health facilities of another State for the purposes of this section. > > **s 174:** Am 2008 No 79, Sch 2 \[47\] \[48\]; 2020 No 12, Sch 3.17\[21\].