Mental Health Act 2015
248Apprehension of person in breach of mental health order
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248 Apprehension of person in breach of mental health order or forensic mental health order (1) A person (an ACT patient) who is in breach of a mental health order or forensic mental health order may be apprehended in another State if— (a) the ACT patient would be subject to apprehension under this Act if the patient were in the ACT; and (b) the apprehension is allowed under a corresponding law of the other State. (2) The ACT patient may be apprehended in the other State by— (3) A person who apprehends an ACT patient under this section must as soon as reasonably practicable— (a) tell the patient the reason for the apprehension; and (b) transfer the patient to— (i) an approved mental health facility or approved community care facility in the ACT; or (ii) an interstate mental health facility to determine whether the patient requires treatment before being transferred.
Apprehension of people in breach of certain orders Part 15.2 (4) As soon as reasonably practicable after an ACT patient is transferred under subsection (3) (b) (i), the person in charge of the facility must— (a) ensure that the patient has adequate opportunity and assistance to notify a relative or friend of the apprehension and transfer; and (b) take all reasonable steps to tell at least 1 of the following of the apprehension and transfer: (i) if the patient has a nominated person—the nominated (ii) if the patient has a guardian under the Guardianship and (iii) if the patient has an attorney under the Powers of Attorney support of the patient—the health attorney; (v) if the patient is a child—a person with parental People Act 2008.
Part 15.3 Transfer of certain people from ACT