New South Wales Consolidated Regulations

MENTAL HEALTH REGULATION 2007 - REG 27

27 Apprehension of patients and persons under interstate apprehension orders

(1) The following persons are authorised to apprehend an interstate patient or other person who is liable to be apprehended under an interstate apprehension order:

(a) a person who is authorised to apprehend the patient or other person under any order made under the relevant corresponding law,

(b) in the case of a forensic interstate apprehension order, a person who is authorised to retake a forensic patient under section 70 of the Mental Health (Forensic Provisions) Act 1990 ,

(c) in the case of a civil interstate apprehension order, a person who is authorised to apprehend a patient or other person under section 48 of the Act.

Note: Under section 186 (1) of the Act, a police officer and any person authorised to do so under a provision of a corresponding law may also apprehend such a person.

(2) The following actions may, in accordance with an interstate agreement, be taken in respect of an interstate patient or other person who is liable to be apprehended under an interstate apprehension order:

(a) the patient or person may be conveyed to and detained in any declared mental health facility,

(b) the patient or person may be conveyed to or transferred to:

(i) in the case of a Victorian patient or person subject to a civil interstate apprehension order under the Victorian civil agreement, an approved mental health service within the meaning of the Mental Health Act 1986 of Victoria, or

(ii) in the case of a Queensland patient, an authorised mental service within the meaning of Chapter 2 of the Mental Health Act 2000 of Queensland, or

(iii) in the case of a person subject to a civil interstate apprehension order under the ACT civil agreement, an ACT approved facility, or

(iv) in the case of a person subject to a civil interstate apprehension order under the Queensland civil agreement, a Queensland authorised mental health service, or

(v) in the case of a person subject to a civil interstate apprehension order under the South Australian civil agreement, a South Australian approved treatment centre.