sec.525Decision on application

sec.525 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 responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or if the forensic disability service is responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and the arrangements for the transfer are adequate to protect the safety of the community; and for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located. The tribunal may give the approval subject to the conditions the tribunal considers appropriate. s 525 amd 2022 No. 1 s 95 (sec.525-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.525-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 responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or if the forensic disability service is responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and the arrangements for the transfer are adequate to protect the safety of the community; and for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located. (sec.525-ssec.3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.