Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 39

Transfer of involuntary patient to another approved mental health service

39. Transfer of involuntary patient to another approved mental health service



(1) The authorized psychiatrist may by order direct the transfer of an
involuntary patient to another approved mental health service if-

   (a)  the authorized psychiatrist is satisfied that the transfer will be of
        benefit to the patient or is necessary for the patient's treatment;
        and





   (b)  the authorized psychiatrist for the approved mental health service to
        which it is proposed to transfer the involuntary patient approves of
        the transfer;



* * * * *



(2) The chief psychiatrist may by order direct the transfer of an involuntary
patient to another approved mental health service if the chief psychiatrist is
satisfied that the transfer will be of benefit to the patient or is necessary
for the patient's treatment.

(3) Where an involuntary patient is transferred to another approved mental
health service any documents relevant to the admission and future treatment of
the patient are to be forwarded at the same time to that approved mental
health service.

(4) Where a person detained as an involuntary patient under section 16 is
transferred to another approved mental health service the authorized
psychiatrist must notify the Secretary to the Department of Justice of the
transfer.

(5) An involuntary patient subject to a transfer order under subsection (1) or
(2) may appeal to the Board against the transfer.

(6) On an appeal under subsection (5), the Board must consider whether the
transfer-



   (a)  will be of benefit to the patient; or





   (b)  is necessary for the patient's treatment.





(7) On an appeal under subsection (5), the Board may-

   (a)  confirm the transfer order; or

   (b)  refuse to confirm the order and, if the patient has already been
        transferred under the order, direct that the patient be transferred
        back.