Mental Health and Wellbeing Act 2022
242Transfer of care and control for the purposes of transport
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242 Transfer of care and control for the purposes of transport
(1) An authorised person, at any time, may transfer a person into the care and control of another authorised person if it is necessary to do so for the purposes of transporting the person in accordance with section 241(3).
(2) A transfer under subsection (1) must be arranged as soon as practicable.
(3) An authorised person may only transfer a person into the care and control of an authorised health professional if the authorised health professional agrees to receive care and control of the person being transferred.
(4) In determining whether to agree to the transfer of a person's care and control under subsection (3), the authorised health professional must consider the impact that the transfer of the person's care and control may have on the safety of any person.
(5) Without limiting subsection (1), an authorised health professional may transfer a person into the care and control of another authorised person who is a police officer or a protective services officer if it is necessary to do so to ensure the safety of any person.
(6) An authorised person who is a police officer must not transfer a person into the care and control of another authorised person who is a protective services officer.
(7) On receiving a person transferred under this section, the care and control of the person is transferred to the authorised person receiving the person.