Mental Health Act 2015

This section applies if—

a psychiatric treatment order or a community care order is in force in relation to a person; and

the person is receiving treatment, care or support under the order—

in an approved mental health facility or from a mental health service; or

in an approved community care facility or from a community care service.

The relevant person may apply to the ACAT for an interstate transfer order if the relevant person believes on reasonable grounds that the ACAT could reasonably make the order under subsection (5).

The ACAT must hear and decide the application as soon as practicable.

Before making an interstate transfer order in relation to a person, the ACAT must take into account—

the views and wishes of the person in relation to the proposed order, so far as they can be found out; and

as far as practicable, the views in relation to the proposed order of the following:

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

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

if the person 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 person—the health attorney;

if the person is a child—each person with parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2 (Parental responsibility);

if the person has a carer—the carer.

The ACAT may make an interstate transfer order if—

the ACAT believes on reasonable grounds that the order is in the best interests of the safe and effective treatment, care or support of the person; and

either—

transferring the person to an interstate mental health facility or interstate community care facility is allowed under a corresponding law; or

transferring the responsibility to provide treatment, care or support for the person to an interstate mental health service or interstate community care service is allowed under a corresponding law; and

the person in charge of the interstate facility or service agrees to the transfer.

As soon as practicable after making an order under subsection (5), the ACAT must—

give a copy of the order to—

the person; and

the chief psychiatrist; and

the person in charge of the interstate mental health facility or service; and

as far as practicable, notify the people mentioned in subsection (4) (b) that an order has been made.

When the chief psychiatrist is given a copy of the order under subsection (6), the chief psychiatrist must ensure that a copy of the person’s record is given to the person in charge of the interstate mental health facility or service.

A person may be taken to an interstate mental health facility or service under an order under subsection (5) 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).

In this section:

transfer a person to an interstate mental health facility or an interstate community care facility; or

transfer the responsibility to provide treatment, care or support for a person to an interstate mental health service or interstate community care service.

if a psychiatric treatment order is in force in relation to a person—the chief psychiatrist; or

if a community care order is in force in relation to a person—the care coordinator.