MENTAL HEALTH ACT 2016 - SECT 525 Decision on application

MENTAL HEALTH ACT 2016 - SECT 525

525 Decision on application

(1) In deciding the application, the tribunal must—

(a) to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and

(b) approve, or refuse to approve, the transfer.

(2) The tribunal may approve the transfer only if satisfied—

(a) the transfer is appropriate in the circumstances; and

Example of when a transfer under this division may be appropriate—

to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons

(b) either—

(i) if an authorised mental health service is responsible for the patient seeking transfer—

(A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or

(B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or

(ii) if the forensic disability service is responsible for the patient seeking transfer—

(A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or

(B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and

(c) the arrangements for the transfer are adequate to protect the safety of the community; and

(d) for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.

(3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.