176Transfer of patients from this State

#### 176 Transfer of patients from this State 176 Transfer of patients from this State (cf 1990 Act, s 286H) > > (1) A person who is detained as an involuntary patient or forensic patient in a mental health facility in this State may be transferred to a mental health facility in another State, if the transfer is permitted by or under a provision of a corresponding law of the other State and is in accordance with the regulations. > > > (2) A person who is transferred to a mental health facility in another State under this section ceases to be an involuntary patient or forensic patient on admission to the facility. > > > (3) A person may be taken to a mental health facility in another State under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State. > > > (4) The regulations may make provision for or with respect to the following matters— > > > > > (a) procedures for authorising the transfer of a patient under this section and for notifying any such transfer or proposed transfer, > > > > > (b) criteria for authorising the transfer of a patient under this section, > > > > > (c) the handing over of custody of any such patient by persons in this State, > > > > > (d) the persons (including interstate persons) who may take a patient to a mental health facility in another State under this section, > > > > > (e) the mental health facilities to which a patient may be taken under this section and the places taken to be mental health facilities for the purposes of this section. > > > (5) Section 80 does not apply to a transfer under this section. > > **s 176:** Am 2008 No 79, Sch 2 \[49\].