571Authorised psychiatrist may direct forensic patient be transported to another designated mental health service

571 Authorised psychiatrist may direct forensic patient be transported to another designated mental health service

(1) Subject to subsection (2), an authorised psychiatrist may make a direction that a forensic patient be transported to another designated mental health service if—

(a) the authorised psychiatrist is satisfied that this is necessary for the forensic patient's treatment; and

(b) the authorised psychiatrist for the designated mental health service which is to provide the treatment to the forensic patient approves.

(2) The authorised psychiatrist must not make a direction under subsection (1) in respect of a forensic patient detained under section 20BJ(1) or 20BM of the Crimes Act 1914 of the Commonwealth but may recommend to the Attorney-General for the Commonwealth the making of an order under section 20BJ(2) or 20BM(7) of that Act varying the designated mental health service in which the forensic patient is detained.

(3) In determining whether transporting a forensic patient to another designated mental health service is necessary for the forensic patient's treatment, to the extent that is reasonable in the circumstances, the authorised psychiatrist must have regard to all of the following—

(a) the forensic patient's views and preferences and the reasons for those views and preferences, including any recovery outcomes the patient would like to achieve;

(b) the views or preferences expressed by the forensic patient in the patient's advance statement of preference;

S. 571(3)(c) amended by No. 44/2025 s. 72.

(c) the forensic patient's views and preferences expressed by the forensic patient's nominated support person;

(d) the views of a guardian of the forensic patient;

(e) the views of a carer of the forensic patient, if the authorised psychiatrist is satisfied that the direction will directly affect the carer and the care relationship;

(f) the views of a parent, if the forensic patient is under the age of 16 years;

(g) the views of the DFFH Secretary, if that Secretary has parental responsibility for the forensic patient under a relevant child protection order.

(4) A direction of the authorised psychiatrist under subsection (1) must be in writing.