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].