150Interstate mental health orders

150 Interstate mental health orders (1) In this section, interstate mental health order means an order made under an Act of a State or another Territory of the Commonwealth that is the equivalent of: (a) an order admitting a person to an approved treatment facility as an involuntary patient; or (b) a community management order. (2) A person who is subject to an interstate mental health order or a person with a genuine interest in, or with a real concern for the health or welfare of, that person may apply to the Tribunal for an order under subsection (6). (3) An application must be in the approved form and accompanied by a copy of the interstate mental health order. (4) The Tribunal must not make an order under subsection (6) unless it is satisfied that: (a) the interstate mental health order is in force in the State or Territory in which it purports to have been made; and

Mental Health and Related Services Act 1998 126 (b) the CEO and, depending on the nature of the interstate mental health order, the person-in-charge of an approved treatment facility or approved treatment agency consent to an order under this section being made. (5) The Tribunal may make inquiries as it thinks fit to determine if an interstate mental health order is in operation. (6) On being satisfied as to the matters referred to in subsection (4) the Tribunal may: (a) in respect of an interstate mental health order referred to in subsection (1)(a), order that the person be detained in an approved treatment facility and, where it does so, it must fix a period within which the order is to be reviewed; or (b) in respect of an interstate mental health order referred to in subsection (1)(b), make a community management order in respect of the person. (7) For this section, the Tribunal may be constituted by: (a) the President; or (b) a Deputy President; or (c) a member appointed with reference to section 16(2)(a) of the NTCAT Act. (8) Subject to this Act, an order under this section remains in force for the period the interstate mental health order remains in force.