208Apprehension, &c., of involuntary patients, &c., from interstate

208 Apprehension, &c., of involuntary patients, &c., from interstate

(1)  This section applies if, during the term of an interstate control agreement, a person –

(a) absconds from the mental health facility where he or she is being detained under a law of the reciprocating State and, not being a prisoner of the reciprocating State, is found at large in Tasmania; or

(b) is liable to be detained in a mental health facility under a law of the reciprocating State and, not being a prisoner of the reciprocating State, is found at large in Tasmania; or

(c) is in breach of an order made under a law of the reciprocating State providing for the person's treatment in a community setting (including any order of that kind that corresponds to a supervision order) and is found at large in Tasmania.

(2)  The person may be apprehended by –

(a) an MHO, authorised person or police officer; or

(b) anyone who, under a law of the reciprocating State, would be authorised to apprehend the person had he or she been found at large in that State.

(3)  For the purposes of subsection (2) , a warrant or other instrument that, under a law of the reciprocating State, would authorise the apprehension of the person if he or she were found at large in that State also authorises the person's apprehension in Tasmania.

(4)  On being apprehended, the person –

(a) is to be escorted to a mental health facility of the reciprocating State; but

(b) may be escorted to, admitted to and detained in an approved hospital or SMHU in Tasmania pending his or her return to that State.

(5)  For the purpose of apprehending the person –

(a) [Section 208 Subsection (5) amended by No. 4 of 2023, s. 160, Applied:25 Sep 2023] an MHO or police officer may exercise any powers that he or she may exercise under Part 2 of Chapter 2 (and Schedule 2 ) in relation to persons being temporarily detained for assessment; and