sec.517Decision on application

sec.517 Decision on application

In deciding the application, the tribunal must— to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and approve, or refuse to approve, the transfer. The tribunal may approve the transfer only if satisfied— the transfer is appropriate in the circumstances; and to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons either— if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and a forensic order (mental health) or forensic order (disability) is necessary, because of the mental condition of the patient seeking transfer, to protect the safety of the community, including, for example, from the risk of serious harm to other persons or property; and the arrangements for the transfer are adequate to protect the safety of the community. The tribunal may give the approval subject to the conditions the tribunal considers appropriate. s 517 amd 2022 No. 1 s 88 (sec.517-ssec.1) In deciding the application, the tribunal must— to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and approve, or refuse to approve, the transfer. (sec.517-ssec.2) The tribunal may approve the transfer only if satisfied— the transfer is appropriate in the circumstances; and to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons either— if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and a forensic order (mental health) or forensic order (disability) is necessary, because of the mental condition of the patient seeking transfer, to protect the safety of the community, including, for example, from the risk of serious harm to other persons or property; and the arrangements for the transfer are adequate to protect the safety of the community. (sec.517-ssec.3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.

• (a) to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and
• (b) approve, or refuse to approve, the transfer.
• (a) the transfer is appropriate in the circumstances; and Example of when a transfer under this division may be appropriate— to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons