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 responsible for the patient seeking transfer—

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

for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or

if the forensic disability service is responsible for the patient seeking transfer—

for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or

for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and

the arrangements for the transfer are adequate to protect the safety of the community; and

for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.

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