Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 8 July 2020 at 02:58) Current version
Chapter 4 Part 1 Division 3
Division 3 Transfer of patients
80   Transfer of patients to or from mental health facilities
(cf 1990 Act, s 78)
(1)  An involuntary patient or a person detained in a mental health facility may be transferred from the mental health facility to another mental health facility or another health facility.
(2)  A person who is a patient in a health facility other than a mental health facility may be transferred from the health facility to a declared mental health facility for the purpose of detaining the person under Part 2 of Chapter 3.
Note.
 Section 25 sets out the procedure for detaining such a person in a declared mental health facility.
(3)  A transfer of a patient or person to a health facility other than a mental health facility may be made on the grounds that the patient or person requires medical treatment for a condition or illness (other than a mental illness or other mental condition).
(4)  A transfer under this section is to be done in accordance with an arrangement between medical officers of each facility or an order in writing by the Director-General.
(5)  An arrangement under this section is sufficient authority for the transfer of a patient or person, and the reception into, the mental health facility or other health facility to which the patient or person is transferred.
81   Transport of persons to and from mental health facilities and other health facilities
(1)  The persons listed below may take to or from a mental health facility or another health facility any person who is authorised by this Act to be taken, or transferred, to or from the facility:
(a)  a member of staff of the NSW Health Service,
(b)  an ambulance officer,
(c)  a police officer,
(d)  a person prescribed by the regulations.
(2)  A person authorised by this Act to take a person to or from a mental health facility or other health facility may:
(a)  use reasonable force in exercising functions under this section or any other provision of this Act applying this section, and
(b)  restrain the person in any way that is reasonably necessary in the circumstances.
(3)  A person may be sedated, by a person authorised by law to administer the sedative, for the purpose of being taken to or from a mental health facility or other health facility under this Act if it is necessary to do so to enable the person to be taken safely to or from the facility.
Note.
 The Poisons and Therapeutic Goods Act 1966, and the regulations under that Act, regulate the persons who may prescribe and administer drugs (including sedative drugs).
(4)  A person authorised by this Act to take a person to or from a mental health facility or other health facility may carry out a frisk search or an ordinary search of the person, if the person reasonably suspects that the other person is carrying anything:
(a)  that would present a danger to the person or any other person, or
(b)  that could be used to assist the other person to escape from the person’s custody.
(5)  The person may seize and detain a thing found in a search if it is a thing of a kind referred to in subsection (4) (a) or (b).
(6)  In this section:
frisk search means:
(a)  a search of a person conducted by quickly running the hands over the person’s outer clothing or by passing an electronic metal detection device over or in close proximity to the person’s outer clothing, or
(b)  an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person, including an examination conducted by passing an electronic metal detection device over or in close proximity to that thing.
ordinary search means a search of a person or of articles in the possession of the person that may include:
(a)  requiring the person to remove only his or her overcoat, coat or jacket or similar article of clothing and any gloves, shoes, socks and hat, and
(b)  an examination of those items.