Mental Health Act 2009

If the director of a treatment centre considers it is necessary or appropriate for an involuntary inpatient to be transferred from the centre to another treatment centre, the director may give a direction for the patient to be transferred to the other treatment centre, after first arranging with the director of the other centre for the patient's admission to that centre.

The director of a treatment centre may give a direction—

for an involuntary inpatient to be transferred to a hospital, or between hospitals, in circumstances where the patient has or has had an illness other than a mental illness, after first arranging with the person in charge of the relevant hospital for the patient's admission to the hospital; and

for the patient's transfer back to the treatment centre after completion of the hospital treatment.

If an involuntary inpatient has been transferred to a hospital as a result of a direction under this section—

the patient is, while in the care and control of staff of the hospital to be taken to continue in the care and control of the treatment centre staff; and

staff of the hospital may exercise the powers conferred by section 34 in relation to the patient as if they were treatment centre staff.

A direction under this section must be given by writing in the form approved by the Minister.

Subject to subsection (6), if the patient has been admitted to the centre, the director must notify a guardian, medical agent, relative, carer or friend of the patient on giving a direction under this section for the transfer of the patient from the centre.

The following provisions apply for the purposes of subsection (5):

the notification must be given by writing in the form approved by the

the person to be notified must be—

a guardian, medical agent, relative, carer or friend of the patient nominated by the patient for the purpose; or

if that is not practicable or appropriate—a guardian, medical agent, relative, carer or friend of the patient who appears to have or be assuming responsibility for the care of the patient; or

if that is not practicable or appropriate—any other guardian, medical agent, relative, carer or friend of the patient whom it is practicable and appropriate to notify;

the director is not required to notify a person whose whereabouts are not known to or readily ascertainable by the director;

it is not appropriate for the director to notify a particular person if the director has reason to believe that it would be contrary to the patient's best interests to do so.