Mental Health Act 2016
sec.522Who may apply
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sec.522 Who may apply
A person subject to a forensic order (mental health), forensic order (disability) or treatment support order, or an interested person for the person, may apply to the tribunal for approval of the transfer of the person from an authorised mental health service, or the forensic disability service, to— a stated interstate mental health service; or a stated country. However, this section does not apply to— a person who is a classified patient; or a person charged with an offence if— a finding of unfitness has been made in relation to the person; and the person has not been found fit for trial; and the proceeding against the person for the offence has not been discontinued under this Act or otherwise. s 522 amd 2017 No. 3 s 41 ; 2022 No. 1 s 92 (sec.522-ssec.1) A person subject to a forensic order (mental health), forensic order (disability) or treatment support order, or an interested person for the person, may apply to the tribunal for approval of the transfer of the person from an authorised mental health service, or the forensic disability service, to— a stated interstate mental health service; or a stated country. (sec.522-ssec.2) However, this section does not apply to— a person who is a classified patient; or a person charged with an offence if— a finding of unfitness has been made in relation to the person; and the person has not been found fit for trial; and the proceeding against the person for the offence has not been discontinued under this Act or otherwise. s 522 amd 2017 No. 3 s 41 ; 2022 No. 1 s 92
- (a) a stated interstate mental health service; or
- (b) a stated country.
- (a) a person who is a classified patient; or
- (b) a person charged with an offence if— (i) a finding of unfitness has been made in relation to the person; and (ii) the person has not been found fit for trial; and (iii) the proceeding against the person for the offence has not been discontinued under this Act or otherwise.
- (i) a finding of unfitness has been made in relation to the person; and
- (ii) the person has not been found fit for trial; and
- (iii) the proceeding against the person for the offence has not been discontinued under this Act or otherwise.
- (i) a finding of unfitness has been made in relation to the person; and
- (ii) the person has not been found fit for trial; and
- (iii) the proceeding against the person for the offence has not been discontinued under this Act or otherwise.