27Transfer of interstate persons to NSW mental health facilities

27 Transfer of interstate persons to NSW mental health facilities

27 Transfer of interstate persons to NSW mental health facilities

(1) For the Act, section 179(2), 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 from a Queensland authorised mental health service.

Note—

Under the Act, section 179(2), a person authorised under a corresponding law may also take a patient from an interstate mental health facility to a NSW declared mental health facility.

(2) For the Act, section 179(4)(a), a person subject to a mental health order under the Mental Health Act 2015 of the Australian Capital Territory must not be transferred from an ACT approved mental health facility to a NSW declared mental health facility unless—

(a) before transferring the person—

(i) the ACT Chief Psychiatrist gives the medical superintendent of the NSW declared mental health facility a completed interstate transfer request notice in the form specified in the ACT civil agreement, and

(ii) the medical superintendent gives written approval of the transfer, and

(b) the ACT Chief Psychiatrist gives the following to the medical superintendent—

(i) a copy of the transfer order relating to the person,

(ii) information, including medical records, that the ACT Chief Psychiatrist considers reasonably necessary for the continued care and treatment of the person.

(3) For the Act, section 179(4)(a), a person subject to an inpatient category treatment authority under the Mental Health Act 2016 of Queensland must not be transferred from a Queensland authorised mental health service to a NSW declared mental health facility unless—

(a) before transferring the person—

(i) the administrator of the Queensland authorised mental health service, gives the medical superintendent of the NSW declared mental health facility a completed interstate transfer request notice in the form specified in the Queensland agreement, and