MENTAL HEALTH ACT 2007 - SECT 174 Admission of persons to mental health facilities in other States

MENTAL HEALTH ACT 2007 - SECT 174

174 Admission of persons to mental health facilities in other States

(cf 1990 Act, s 286F)

(1) A person who may be taken to and detained in a mental health facility under Chapter 3 or under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 may be taken to a mental health facility in another State instead of a mental health facility in this State, if this is permitted by or under a corresponding law of the other State.

(2) A person may be taken to a mental health facility in another State under this section by--

(a) a person who is authorised by this Act or the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 to take a person to a declared mental health facility, or to apprehend a person and take the person to a declared mental health facility, if this is permitted by or under the law of the other State, or

(b) any other 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 make provision for or with respect to the following matters--

(a) the handing over of custody of a person referred to in subsection (1) by persons in this State,

(b) the persons (including interstate persons) who may take any such person to a mental health facility in another State under this section,

(c) the mental health facilities to which a person may be taken under this section and the places taken to be mental health facilities of another State for the purposes of this section.