Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person who—
(a) is being detained at an approved health facility or an approved mental health facility under section 38 or 41; or
(b) is subject to a psychiatric treatment order and is being detained under—
(i) a restriction order made under section 30; or
(ii) action taken under section 35 (Powers in relation to detention, restraint etc) or section 36K (Contravention of psychiatric treatment order or community care order);
may be transferred to a health facility in another State, if the transfer is permitted by or under a provision of a corresponding law of the other State and is in accordance with the regulations.
(2) A person may be taken to a health facility in another State under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3) The regulations may provide for or with respect to—
(a) procedures for authorising the transfer of a person under this section and for notifying any such transfer or proposed transfer; and
(b) criteria for authorising the transfer of a person under this section; and
(c) the handing over of custody of such a person by persons in the ACT; and
(d) the persons (including interstate persons) who may take a person to a health facility in another State under this section; and
(e) the health facilities to which a patient may be taken under this section.