New South Wales Consolidated Regulations

MENTAL HEALTH REGULATION 2007 - REG 31

31 Transfer of interstate persons to mental health facilities in this State

(1) For the purposes of section 179 (2) of the Act, the following persons are authorised to take a patient from an interstate mental health facility to a declared mental health facility in this State:

(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 from a Queensland authorised mental health service).

(2) For the purposes of section 179 (4) (a) of the Act, a person detained as an involuntary patient under the Mental Health Act 1986 of Victoria must not be transferred from a Victorian mental health facility to a declared mental health facility in this State unless:

(a) before transferring the person:

(i) the authorised psychiatrist of the Victorian mental health facility provides the medical superintendent of the mental health facility in this State with a completed interstate transfer request notice in the form specified in the Victorian civil agreement, and

(ii) the transfer is approved in writing by the medical superintendent of the mental health facility in this State, and

(b) the authorised psychiatrist of the Victorian mental health facility provides a copy of the transfer order made under section 93G of the Mental Health Act 1986 of Victoria and any other information (including medical records) that the psychiatrist considers to be reasonably necessary for the continued care and treatment of the person.

(3) For the purposes of section 179 (4) (a) of the Act, a person detained as an involuntary patient under the Mental Health (Treatment and Care) Act 1994 of the ACT must not be transferred from an ACT approved facility to a declared mental health facility in this State unless:

(a) before transferring the person:

(i) the ACT Chief Psychiatrist (or his or her delegate) provides the medical superintendent of the mental health facility in this State with a completed interstate transfer request notice in the form specified in the ACT civil agreement, and

(ii) the transfer is approved in writing by the medical superintendent of the mental health facility in this State, and

(b) the ACT Chief Psychiatrist (or his or her delegate) provides a copy of the transfer order relating to the person and any other information (including medical records) that he or she considers to be reasonably necessary for the continued care and treatment of the person.

(4) For the purposes of section 179 (4) (a) of the Act, a person subject to an in-patient category involuntary treatment order under the Mental Health Act 2000 of Queensland must not be transferred from a Queensland authorised mental health service to a declared mental health facility in this State unless:

(a) before transferring the person:

(i) the administrator of the Queensland authorised mental health service (or his or her delegate) provides the medical superintendent of the mental health facility in this State with a completed interstate transfer request notice in the form specified in the Queensland civil agreement, and

(ii) the transfer is approved in writing by the medical superintendent of the mental health facility in this State, and

(b) the administrator of the Queensland authorised mental health service (or his or her delegate) provides a copy of the transfer order relating to the person and any other information (including medical records) that he or she considers to be reasonably necessary for the continued care and treatment of the person.

(5) For the purposes of section 179 (4) (a) of the Act, a person who is a detained person under the Mental Health Act 1993 of South Australia must not be transferred from a South Australian approved treatment centre to a declared mental health facility in this State unless:

(a) before transferring the person:

(i) the director of the South Australian approved treatment centre (or his or her delegate) provides the medical superintendent of the mental health facility in this State with a completed interstate transfer request notice in the form specified in the South Australian civil agreement, and

(ii) the transfer is approved in writing by the medical superintendent of the mental health facility in this State, and

(b) the director of the South Australian approved treatment centre (or his or her delegate) provides a copy of the transfer order relating to the person and any other information (including medical records) that he or she considers to be reasonably necessary for the continued care and treatment of the person.

Note: Under section 179 (2) of the Act, a person who is authorised under a corresponding law may also take a patient to a declared mental health facility in this State from an interstate mental health facility.