154Interstate transfer orders

154 Interstate transfer orders (1) A person who is subject to a 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 that the person be transferred to a participating State or Territory. (2) The Tribunal must give notice of the application to: (a) the person to whom the application relates (where that person is not the applicant); and (aa) if the person has a decision maker – the decision maker; and (b) the person's primary carer or the representative of the person; and (c) depending on the nature of the mental health order, the person-in-charge of the approved treatment facility or the approved treatment agency; and (d) the person in the participating State or Territory to which it is proposed to transfer the person to whom the application relates who holds the office that is the equivalent of that of the CEO. (3) The Tribunal may order that the person be transferred to a participating State or Territory where it is satisfied that: (a) the transfer will benefit the person; and (b) the person referred to in subsection (2)(d) consents to the transfer; and (c) where the person is capable of understanding the consequences of the transfer, the person consents to the transfer.

Mental Health and Related Services Act 1998 128 (4) An order under this section is to specify: (a) the treatment facility or treatment agency in the participating State or Territory to which the person is to be transferred; and (b) the person who is to be responsible for transporting the person to the treatment facility or treatment agency in the participating State or Territory; and (c) the time within which the person is to be transferred to the treatment facility or treatment agency in the participating State or Territory. (5) The Registrar of the Tribunal must provide: (a) a copy of the order made under this section to his or her equivalent in the participating State or Territory; and (b) a copy of all relevant clinical records to the treatment facility or treatment agency in the participating State or Territory to which the person is to be transferred.