251Transfer to interstate mental health facility—emergency

251 Transfer to interstate mental health facility—emergency detention (a) a person is detained under chapter 6 (Emergency detention); and (b) the person is being assessed or receiving treatment, care or support under that chapter. (2) The chief psychiatrist may direct that the person be transferred to an interstate mental health facility if— (a) the chief psychiatrist believes on reasonable grounds that the transfer is in the best interests of the safe and effective treatment, care or support of the person; and (b) transferring the person to an interstate mental health facility is allowed under a corresponding law; and (c) the person in charge of the interstate mental health facility agrees to the transfer.

(3) Before giving a direction under subsection (2), the chief psychiatrist (a) as far as practicable, notify the following that a direction under this section is being considered: (vi) if the person has a legal representative—the person’s legal representative; (vii) if the person has a carer—the carer; and (b) take into account— (i) the views and wishes of the person in relation to the proposed direction, so far as they can be found out; and (ii) as far as practicable, the views in relation to the proposed direction of the people notified under paragraph (a). (4) As soon as practicable after giving a direction under subsection (2), the chief psychiatrist must— (a) give a copy of the direction to—

(ii) the person in charge of the interstate mental health facility; and subsection (3) (a) that a direction has been given; and (c) ensure that a copy of the person’s record is given to the person in charge of the interstate mental health facility. (5) A person may be taken to an interstate mental health facility under a direction under subsection (2) by—