Mental Health Act 2016

In deciding the application, the tribunal must—

to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and

approve, or refuse to approve, the transfer.

The tribunal may approve the transfer only if satisfied—

the transfer is appropriate in the circumstances; and

either—

if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or

if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and

a forensic order (mental health) or forensic order (disability) is necessary, because of the mental condition of the patient seeking transfer, to protect the safety of the community, including, for example, from the risk of serious harm to other persons or property; and

the arrangements for the transfer are adequate to protect the safety of the community.

The tribunal may give the approval subject to the conditions the tribunal considers appropriate.