NSWIn ForceAct
Mental Health Act 2007
179Transfer of interstate persons to mental health facilities in this State
Start here
Get a plain-English read of 179
Turn the raw legal text into a practical explanation grounded in Mental Health Act 2007.
#### 179 Transfer of interstate persons to mental health facilities in this State
179 Transfer of interstate persons to mental health facilities in this State
(cf 1990 Act, s 286K)
> > (1) A person who is involuntarily detained as a patient in a mental health facility in another State under a corresponding law may be transferred to a declared mental health facility in this State, if the transfer is authorised under a provision of a corresponding law of the other State and accepted by the medical superintendent of the mental health facility in this State.
>
> > (2) A person may be taken to a declared mental health facility in this 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.
>
> > (3) However, a medical superintendent may not accept the transfer of a person unless the medical superintendent considers that it is likely that the person is a mentally ill person or a mentally disordered person.
>
> > (4) The regulations may make provision for or with respect to the following matters—
> >
> > > (a) the procedures for authorising and arranging the receipt of a person under this section,
> >
> > > (b) the persons (including interstate persons) who may take a patient to a mental health facility in this State under this section,
> >
> > > (c) the receiving of custody of any such person by persons in this State,
> >
> > > (d) the period within which any such person must be reviewed by the Tribunal after being transferred to a mental health facility in this State.