602Interstate transfer of person—without person's consent

602 Interstate transfer of person—without person's consent

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

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

(b) the person does not have capacity to give informed consent or does not consent to being transferred to the interstate mental health facility; and

(c) transferring 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 admit the person.

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

(3) In determining an application for an interstate transfer order, to the extent that is reasonable in the circumstances, the Mental Health Tribunal must have regard to—

(a) the person's views and preferences about being transferred to an interstate mental health facility and the reasons for those views and preferences, including the recovery outcomes that the person would like to achieve; and

(b) the person's views and preferences expressed in the person's advance statement of preferences; and

(c) any of the person's views and preferences expressed by the person's nominated support person; and

(d) the views of a guardian of the person; and

(e) the views of a carer of the person, if the authorised psychiatrist or chief psychiatrist (as the case may be) is satisfied that the transfer will directly affect the carer and the care relationship; and

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

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

(4) The Mental Health Tribunal must—

(a) make an interstate transfer order if the Tribunal is satisfied that—

(i) transferring or transporting the person to an interstate mental health facility is necessary for the person's treatment; and

(ii) the person does not have capacity to give informed consent or does not consent to being transferred; and

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