Mental Health Act 2016

This section applies to a person subject to an interstate order who is a patient of an interstate mental health service.

The administrator of an authorised mental health service (the AMHS) may agree with a responsible officer of the interstate mental health service to transfer the responsibility for the person from the interstate mental health service to the AMHS if the administrator of the AMHS is satisfied—

appropriate treatment and care is available for the person at the AMHS; and

an authorised doctor is likely to consider, on the person’s admission to the AMHS, that—

the treatment criteria apply to the person; and

there is no less restrictive way for the person to receive treatment and care for the person’s mental illness; and

the transfer is otherwise appropriate in the circumstances.

In deciding whether the transfer is appropriate in the circumstances under subsection (2)(c), the administrator must, to the greatest extent practicable, have regard to the views, wishes and preferences of the person.

On the person’s arrival at the AMHS, an authorised doctor must make an assessment of the person to decide—

whether the treatment criteria apply to the person; and

whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.

The person may be detained for assessment in the AMHS for a period of not more than 6 hours starting when the person arrives at the AMHS.

If, on making the assessment, the authorised doctor is satisfied the treatment criteria apply to the person and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness, the authorised doctor may decide to make an authority for the person.

The authority is taken to be a treatment authority made under section 49 by the authorised doctor for the person.

In this section—