608Persons absent without leave from interstate facilities

608 Persons absent without leave from interstate facilities

(1) A person who is absent without leave or other lawful authority from an interstate mental health facility in a participating State or Territory may be taken into care and control in this State if—

(a) the person may be taken into care and control under a corresponding law in the participating State or Territory; or

(b) a warrant that authorises the apprehension of the person is issued in respect of the person under the corresponding law in the participating State or Territory.

(2) The power to apprehend a person or take a person into care and control under subsection (1) may only be exercised by—

(b) a person who is authorised under the corresponding law to apprehend the person or take the person into care and control.

(3) As soon as it is reasonably practicable to do so, a person who is apprehended or taken into care and control under subsection (1) must—

(a) be informed of why the person has been apprehended or taken into care and control; and

(b) be transported to an interstate mental health facility in the participating State or Territory.

See Chapter 5 in relation to further obligations applying to being taken into care and control and transport under this Act.

(4) Pending the person's return to the participating State or Territory under subsection (3), the person may be transported to a designated mental health service for examination by an authorised psychiatrist to determine whether the person requires treatment before being returned.

(5) If an authorised psychiatrist determines under subsection (4) that the person requires treatment before being returned to the participating State or Territory, the person may be detained, assessed and treated in accordance with Chapter 4 in the designated mental health service until the person is returned.

(6) For the purposes of this section, a person is taken to be absent without lawful authority from an interstate mental health facility if the person did not return to the facility when required to do so under a corresponding law.