Mental Health Act 2015
136Transfer to mental health facility
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136 Transfer to mental health facility (a) the chief psychiatrist is satisfied that a detainee or young detainee has a mental illness for which treatment, care or support is available in an approved mental health facility; and (b) a mental health order or forensic mental health order cannot be made in relation to the person. (2) The chief psychiatrist may ask the corrections director-general or the CYP director general to direct that the detainee or young detainee be transferred from a correctional centre or detention place to a stated approved mental health facility, and be detained at the facility. (3) If the corrections director-general or the CYP director-general decides to make the direction requested, the direction (the transfer direction) must be made— (a) for the corrections director-general—under the Corrections Management Act 2007, section 54 (Transfers to health facilities); and (b) for the CYP director-general—under the Children and Young People Act 2008, section 109 (Transfers to health facilities). (4) Before making a transfer direction, the CYP director-general must, as far as practicable, consult each person with parental responsibility for the young detainee under the Children and Young People Act 2008, (5) The corrections director-general or the CYP director-general may, at the request of the chief psychiatrist and at any time before the transfer takes place, revoke the direction.