600Interstate transfer of person—with person's consent

600 Interstate transfer of person—with person's consent

(1) An authorised psychiatrist or the chief psychiatrist may direct that a person who is subject to an inpatient temporary treatment order or an inpatient treatment order be transported to an interstate mental health facility if—

(a) the authorised psychiatrist or chief psychiatrist is satisfied that this is necessary for the person's treatment; and

(b) the person consents to being transported to the interstate mental health facility; and

(c) transporting the person to the interstate mental health facility is permitted by or under a corresponding law; and

(d) the interstate authority for the interstate mental health facility agrees to receive the person.

(2) A person who is transported to an interstate mental health facility under this section ceases to be subject to an inpatient temporary treatment order or an inpatient treatment order—

(a) on admission to the interstate mental health facility; or

(b) on becoming subject to a corresponding order.

(3) A person who is transported to an interstate mental health facility under this section may be transported to the interstate mental health facility by—

(b) a person who, under the corresponding law, is authorised to transport the person to the interstate mental health facility.

(4) The authorised psychiatrist or the chief psychiatrist must ensure that any documents relevant to the person who is transported to the interstate mental health facility under this section are forwarded to the interstate mental health facility.

601 Transfer out of Victoria of responsibility for treatment (interstate transfer of treatment order)—without person's consent

(1) An authorised psychiatrist or the chief psychiatrist may apply to the Mental Health Tribunal for an interstate transfer of treatment order to transfer responsibility for treatment of a person who is subject to a community temporary treatment order or a community treatment order to an interstate mental health facility if—

(a) the authorised psychiatrist or chief psychiatrist is satisfied that the transfer of the responsibility for treatment is necessary for the person's treatment; and

(b) the person does not have capacity to give informed consent or does not consent to the transfer of responsibility; and

(c) the transfer of responsibility is permitted by or under a corresponding law; and

(d) the interstate authority for the interstate mental health facility agrees to the transfer of responsibility for treatment.

(2) The Mental Health Tribunal must hear and determine the application for an interstate transfer of treatment order as soon as practicable.