New South Wales Consolidated Regulations

MENTAL HEALTH REGULATION 2007 - REG 29

29 Transfer of patients from this State to interstate mental health facilities

(1) For the purposes of section 176 (3) of the Act, the following persons are authorised to take a patient from a mental health facility in this State to an interstate mental health facility:

(a) the medical superintendent of a mental health facility in this State or a person authorised by the medical superintendent,

(b) a NSW police officer,

(c) a NSW ambulance officer (except where the person is being taken to a Queensland authorised mental health service).

(2) For the purposes of section 176 (4) (a) and (b) of the Act, the medical superintendent of a mental health facility in this State that is transferring a person, involuntarily detained as an involuntary patient, to a Victorian mental health facility must:

(a) before transferring the person:

(i) provide the Victorian mental health facility with a completed interstate transfer request notice in the form specified in the Victorian civil agreement, and

(ii) ensure that the transfer has been approved in writing by the authorised psychiatrist (or that person’s delegate) of the Victorian mental health facility, and

(b) forward to the authorised psychiatrist of the Victorian mental health facility an order in writing in an approved form authorising the transfer and any other information (including medical records) that the superintendent considers to be reasonably necessary for the continued care and treatment of the person.

(3) For the purposes of section 176 (4) (a) and (b) of the Act, the medical superintendent of a mental health facility in this State that is transferring a person, involuntarily detained as an involuntary patient, to an ACT approved facility must:

(a) before transferring the person:

(i) provide the person in charge of the ACT approved facility with a completed interstate transfer request notice in the form specified in the ACT civil agreement, and

(ii) ensure that the transfer has been approved in writing by the ACT Chief Psychiatrist (or his or her delegate), and

(b) forward to the person in charge of the ACT approved facility an interstate transfer order and any other information (including medical records) that the superintendent considers to be reasonably necessary for the continued care and treatment of the person.

(4) For the purposes of section 176 (4) (a) and (b) of the Act, the medical superintendent of a mental health facility in this State that is transferring a person, involuntarily detained as an involuntary patient, to a Queensland authorised mental health service must:

(a) before transferring the person:

(i) provide the administrator of the Queensland authorised mental health service with a completed interstate transfer request notice in the form specified in the Queensland civil agreement, and

(ii) ensure that the transfer has been approved in writing by the administrator (or his or her delegate), and

(b) forward to the administrator of the Queensland authorised mental health service an interstate transfer order and any other information (including medical records) that the superintendent considers to be reasonably necessary for the continued care and treatment of the person.

(4A) For the purposes of section 176 (4) (a) and (b) of the Act, the medical superintendent of a mental health facility in this State that is transferring a person, involuntarily detained as an involuntary patient, to a South Australian approved treatment centre must:

(a) before transferring the person:

(i) provide the South Australian approved treatment centre with an interstate transfer request notice in the form specified in the South Australian civil agreement, and

(ii) ensure that the transfer has been approved in writing by the director of the South Australian approved treatment centre, and

(b) forward to the director of the South Australian approved treatment centre an order in writing in the approved form authorising the transfer and any other information (including medical records) that the superintendent considers to be reasonably necessary for the continued treatment and care of the person.

(5) For the purposes of section 176 (4) (e) of the Act, the following are mental health facilities to which a person may be taken under section 176 of the Act:

(a) a Victorian mental health facility,

(b) an ACT approved facility,

(c) a Queensland authorised mental health service,

(d) a South Australian approved treatment centre.

Note: Under section 176 (3) of the Act, a person who is authorised under a corresponding law may also take a person to an interstate mental health facility.