Mental Health Act 2015

A person (an ACT patient) who is in breach of a mental health order or forensic mental health order may be apprehended in another State if—

the ACT patient would be subject to apprehension under this Act if the patient were in the ACT; and

the apprehension is allowed under a corresponding law of the other State.

The ACT patient may be apprehended in the other State by—

an authorised officer; or

an interstate authorised person.

See s 263 (Powers of entry and apprehension) and s 264 (Powers of search and seizure).

A person who apprehends an ACT patient under this section must as soon as reasonably practicable—

tell the patient the reason for the apprehension; and

transfer the patient to—

an approved mental health facility or approved community care facility in the ACT; or

an interstate mental health facility to determine whether the patient requires treatment before being transferred.

As soon as reasonably practicable after an ACT patient is transferred under subsection (3) (b) (i), the person in charge of the facility must—

ensure that the patient has adequate opportunity and assistance to notify a relative or friend of the apprehension and transfer; and

take all reasonable steps to tell at least 1 of the following of the apprehension and transfer:

if the patient has a nominated person—the nominated person;

if the patient has a guardian under the Guardianship and Management of Property Act 1991—the guardian;

if the patient has an attorney under the Powers of Attorney Act 2006—the attorney;

if a health attorney is involved in the treatment, care or support of the patient—the health attorney;

if the patient is a child—a person with parental responsibility for the child under the Children and Young People Act 2008.