72Transfer of forensic patients between SMHUs

72 Transfer of forensic patients between SMHUs

(1)  [Section 72 Subsection (1) amended by No. 4 of 2023, s. 89, Applied:25 Sep 2023] The Chief Psychiatrist may direct that a forensic patient be transferred from one SMHU to another if satisfied that the transfer is necessary for –

(a) the patient's health or safety; or

(b) the safety of other persons.

(2)  [Section 72 Subsection (2) amended by No. 4 of 2023, s. 89, Applied:25 Sep 2023] The direction (the transfer direction) is to be in an approved form, specifying the mode and conditions of transport, and is invalid if not in that form.

(3)  [Section 72 Subsection (3) amended by No. 4 of 2023, s. 89, Applied:25 Sep 2023] The Chief Psychiatrist is to –

(a) [Section 72 Subsection (3) amended by No. 4 of 2023, s. 89, Applied:25 Sep 2023] give a copy of the transfer direction to the patient (together with a statement of rights in an approved form); and

(b) give a copy of the transfer direction to –

(i) the controlling authority of each SMHU; and

(ii) the treating medical practitioner; and

(iii) the Tribunal; and

(c) place a copy of the transfer direction on the patient's clinical record.

(4)  [Section 72 Subsection (4) amended by No. 4 of 2023, s. 89, Applied:25 Sep 2023] The Chief Psychiatrist is to ensure that, if practicable, the actions required by subsection (3)(a) or (b) are taken before the transfer takes place.

(5)  The transfer direction is authority for a police officer to –