31Apprehension of patients and persons under interstate apprehension orders

31 Apprehension of patients and persons under interstate apprehension orders

31 Apprehension of patients and persons under interstate apprehension orders

(1) For the Act, sections 186(1)(b) and 187(d), the following persons are authorised to apprehend an Australian Capital Territory patient, a Queensland patient, a South Australian patient or a Victorian patient, or other person who is liable to be apprehended under an interstate apprehension order—

(a) a person who is authorised to apprehend the patient or other person under an order made under the following—

(i) the Mental Health Act 2015 of the Australian Capital Territory,

(ii) the Mental Health Act 2016 of Queensland and the Public Health Act 2005 of Queensland, Chapter 4A,

(iii) the Mental Health Act 2009 of South Australia,

(iv) the Mental Health and Wellbeing Act 2022 of Victoria,

(b) for a forensic interstate apprehension order—a person who is authorised to retake a forensic patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, section 119,

(c) for a civil interstate apprehension order—a person who is authorised to apprehend a person under the Act, section 48.

Note—

Under the Act, section 186(1), a police officer and a person authorised under a provision of a corresponding law may also apprehend a person.

(2) For the Act, section 187(e) and (f), the following actions may, in accordance with an interstate agreement, be taken in relation to an Australian Capital Territory patient, a Queensland patient, a South Australian patient or a Victorian patient, or other person who is liable to be apprehended under an interstate apprehension order—

(a) the patient or person may be taken to and detained in a NSW declared mental health facility,

(b) the patient or person may be taken or transferred to the following—

(i) for a person subject to a civil interstate apprehension order issued under the ACT civil agreement—an ACT approved mental health facility,

(ii) for a Queensland patient—an authorised mental health service within the meaning of the Mental Health Act 2016 of Queensland,