MENTAL HEALTH ACT 1990 - SECT 78 Transfer of patients between hospitals

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 78

78 Transfer of patients between hospitals

(1) An authorised officer may, by order in writing, direct the transfer of a temporary patient or a continued treatment patient from the hospital in which the patient is detained to another hospital.

(2) A medical superintendent may make arrangements with another medical superintendent for the transfer of a temporary patient or a continued treatment patient from the hospital in which the patient is detained to the hospital of which the other medical superintendent is the medical superintendent.

(3) Except as provided by subsection (4), an authorised officer or medical superintendent is required, before making an order under subsection (1) or arrangements under subsection (2), to do all such things as are reasonably practicable to give notice:

(a) to the nearest relative, if there is one, of the patient or a relative nominated by the patient, or

(b) if there is no such relative, to a personal friend of the patient who is either known as, or is said by the patient to be, his or her personal friend,

of the proposal to transfer the patient and the reasons for the transfer.

(4) If the transfer of a patient under this section arises from circumstances constituting, in the opinion of an authorised officer or medical superintendent, as the case requires, an emergency, notice as referred to in subsection (3) is to be given by the authorised officer or medical superintendent as soon as practicable after the transfer is made.

(5) An order under subsection (1) or arrangements under subsection (2) is or are sufficient authority for the transfer of a patient and for the reception of the patient into and detention in the hospital to which the patient is to be transferred.