Mental Health Act 2007 No 8
Historical version for 14 May 2013 to 30 August 2015 (accessed 13 July 2020 at 03:25) Current version
Chapter 8 Part 2 Division 2
Division 2 Transfer of persons to this State
177   Admission of interstate persons to mental health facilities in this State
(cf 1990 Act, s 286I)
(1)  A person who may be taken to and detained in a mental health facility in another State under a corresponding law of that State may instead be taken to and detained in a declared mental health facility in this State.
(2)  A person may be taken to a declared mental health facility in this 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) to persons in this State,
(b)  the persons (including interstate persons) who may take any such person to a declared mental health facility in this State under this section,
(c)  the declared mental health facilities to which a person may be taken under this section.
178   Application of Acts to persons brought to mental health facility from outside this State
(cf 1990 Act, s 286J)
(1)  This Act applies to a person who is a civil patient who is taken to and detained in a mental health facility under this Division in the same way as it applies to a person taken to and detained in a mental health facility under Part 2 of Chapter 3.
(2)  This Act and the Mental Health (Forensic Provisions) Act 1990 apply to a person (other than a civil patient) who is taken to and detained in a mental health facility under this Division in the same way as they apply to a person detained in a mental health facility as a forensic patient.
179   Transfer of interstate persons to mental health facilities in this State
(cf 1990 Act, s 286K)
(1)  A person who is involuntarily detained as a patient in a mental health facility in another State under a corresponding law may be transferred to a declared mental health facility in this State, if the transfer is authorised under a provision of a corresponding law of the other State and accepted by the medical superintendent of the mental health facility in this State.
(2)  A person may be taken to a declared mental health facility in this 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.
(3)  However, a medical superintendent may not accept the transfer of a person unless the medical superintendent considers that it is likely that the person is a mentally ill person or a mentally disordered person.
(4)  The regulations may make provision for or with respect to the following matters:
(a)  the procedures for authorising and arranging the receipt of a person under this section,
(b)  the persons (including interstate persons) who may take a patient to a mental health facility in this State under this section,
(c)  the receiving of custody of any such person by persons in this State,
(d)  the period within which any such person must be reviewed by the Tribunal after being transferred to a mental health facility in this State.
180   Status of transferred persons
(cf 1990 Act, s 286L)
(1)  A person who is a civil patient who is transferred to a mental health facility under this Division is taken to be an involuntary patient and the provisions of this Act apply as if the person first became an involuntary patient on the date of the person’s transfer to a mental health facility in this State.
(2)  A person (other than a civil patient) who is transferred to a mental health facility under this Division is taken to be a forensic patient and the provisions of this Act and the Mental Health (Forensic Provisions) Act 1990 apply as if the person first became a forensic patient on the date of the person’s transfer to a mental health facility in this State.