Mental Health Act 2016

This section applies to a person who is an involuntary patient, or a classified patient (voluntary), of an authorised mental health service.

The administrator of the authorised mental health service (the first AMHS) may agree with the administrator of another authorised mental health service (the second AMHS) to transfer the responsibility for the person from the first AMHS to the second AMHS.

In deciding whether to agree to a transfer under subsection (2), the administrator of the first AMHS and the administrator of the second AMHS must have regard to—

the transfer considerations for the person; and

to the greatest extent practicable, the views, wishes and preferences of the person.

If any of the following circumstances apply, the transfer must not happen unless the chief psychiatrist has approved the transfer in writing—

the person is subject to a forensic order;

the person is subject to a judicial order;

the person is subject to a treatment authority but is not a classified patient, and the transfer is to a high security unit;

the person is a minor, and the transfer is to a high security unit.

In deciding whether to approve a transfer under subsection (4), the chief psychiatrist must have regard to—

the transfer considerations for the person; and

to the greatest extent practicable, the views, wishes and preferences of the person.

If a person transferred under this section is a classified patient and the chief psychiatrist is not required to approve the transfer under subsection (4), the administrator of the first AMHS must give written notice of the transfer to the chief psychiatrist within 7 days after the transfer.