Mental Health Regulation 2025
25Transfer of patients from NSW to interstate mental health facilities
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25 Transfer of patients from NSW to interstate mental health facilities
25 Transfer of patients from NSW to interstate mental health facilities
(1) For the Act, section 176(3), the following persons are authorised—
(a) the medical superintendent of a NSW mental health facility or a person authorised by the medical superintendent,
(b) a NSW police officer,
(c) a NSW ambulance officer, except if the person is being taken to a Queensland authorised mental health service.
Note—
Under the Act, section 176(3), a person authorised under a corresponding law may also take a person to an interstate mental health facility.
(2) For the Act, section 176(4)(a) and (b), the medical superintendent of a NSW mental health facility that is transferring a person involuntarily detained as an involuntary patient to an ACT approved mental health facility must—
(a) before transferring the person—
(i) give the person in charge of the ACT approved mental health facility a completed interstate transfer request notice in the form specified in the ACT civil agreement, and
(ii) ensure the ACT Chief Psychiatrist has given written approval of the transfer, and
(b) give the following to the person in charge—
(i) an interstate transfer order,
(ii) information, including medical records, that the medical superintendent considers reasonably necessary for the continued care and treatment of the person.
(3) For the Act, section 176(4)(a) and (b), the medical superintendent of a NSW mental health facility that is transferring a person involuntarily detained as an involuntary patient to a Queensland authorised mental health service must—
(a) before transferring the person—
(i) give the administrator of the Queensland authorised mental health service a completed interstate transfer request notice in the form specified in the Queensland agreement, and
(ii) ensure the administrator has given written approval of the transfer, and
(b) give the following to the administrator—