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Contents (2007 - 8)
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Mental Health Act 2007 No 8
Current version for 28 November 2018 to date (accessed 24 January 2020 at 20:21)
Chapter 8 Part 2 Division 1
Division 1 Transfer of persons from this State
174   Admission of persons to mental health facilities in other States
(cf 1990 Act, s 286F)
(1)  A person who may be taken to and detained in a mental health facility under Chapter 3 or under the Mental Health (Forensic Provisions) Act 1990 may be taken to a mental health facility in another State instead of a mental health facility in this State, if this is permitted by or under a corresponding law of the other State.
(2)  A person may be taken to a mental health facility in another State under this section by:
(a)  a person who is authorised by this Act or the Mental Health (Forensic Provisions) Act 1990 to take a person to a declared mental health facility, or to apprehend a person and take the person to a declared mental health facility, if this is permitted by or under the law of the other State, or
(b)  any other person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3)  The regulations may make provision for or with respect to the following matters:
(a)  the handing over of custody of a person referred to in subsection (1) by persons in this State,
(b)  the persons (including interstate persons) who may take any such person to a mental health facility in another State under this section,
(c)  the mental health facilities to which a person may be taken under this section and the places taken to be mental health facilities of another State for the purposes of this section.
175   Effect of certificates
(cf 1990 Act, s 286G)
A mental health certificate ceases to have any effect under this Act if the person concerned is taken to and detained in a mental health facility in another State.
176   Transfer of patients from this State
(cf 1990 Act, s 286H)
(1)  A person who is detained as an involuntary patient or forensic patient in a mental health facility in this State may be transferred to a mental health facility in another State, if the transfer is permitted by or under a provision of a corresponding law of the other State and is in accordance with the regulations.
(2)  A person who is transferred to a mental health facility in another State under this section ceases to be an involuntary patient or forensic patient on admission to the facility.
(3)  A person may be taken to a mental health facility in another State under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(4)  The regulations may make provision for or with respect to the following matters:
(a)  procedures for authorising the transfer of a patient under this section and for notifying any such transfer or proposed transfer,
(b)  criteria for authorising the transfer of a patient under this section,
(c)  the handing over of custody of any such patient by persons in this State,
(d)  the persons (including interstate persons) who may take a patient to a mental health facility in another State under this section,
(e)  the mental health facilities to which a patient may be taken under this section and the places taken to be mental health facilities for the purposes of this section.
(5)  Section 80 does not apply to a transfer under this section.