73Transfer of forensic patients to hospitals, &c.

73 Transfer of forensic patients to hospitals, &c.

(1)  [Section 73 Subsection (1) amended by No. 4 of 2023, s. 90, Applied:25 Sep 2023] The Chief Psychiatrist may direct that a forensic patient be removed from an SMHU and transferred to a secure institution, an approved hospital, a health service, within the meaning of the Health Complaints Act 1995 , or premises where such a health service is provided.

(2)  [Section 73 Subsection (2) amended by No. 4 of 2023, s. 90, Applied:25 Sep 2023] Except in an emergency, the direction (the transfer direction) is to be in an approved form.

(3)  [Section 73 Subsection (3) amended by No. 4 of 2023, s. 90, Applied:25 Sep 2023] [Section 73 Subsection (3) amended by No. 59 of 2016, s. 39, Applied:01 Jul 2017] In an emergency, the transfer direction may be given orally or in writing and, in such a case, the Chief Psychiatrist may complete the transfer direction after the transfer takes place.

(4)  The transfer direction (or, if applicable, emergency oral direction) is authority for an authorised person or police officer to –

(a) take the patient under escort; and

(b) remove the patient from the SMHU; and

(c) take the patient to the secure institution, approved hospital, health service or premises specified in the direction.

(5)  For the purposes of subsection (4)  –

(a) [Section 73 Subsection (5) amended by No. 4 of 2023, s. 90, Applied:25 Sep 2023] the Chief Psychiatrist may request that the patient be taken under escort (in which case the Chief Psychiatrist is to ensure that the escort is given a copy of the transfer direction); and

(b) the custody and escort provisions apply; and