Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 49

Transfer of security patient to another approved mental health service

49. Transfer of security patient to another approved mental health service



(1) The chief psychiatrist may by order direct the transfer of a security
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.



(2) Where a security patient is transferred to another approved mental health
service any documents relevant to the detention and future treatment of the
patient must be forwarded at the same time to that approved mental health
service.

(3) The chief psychiatrist must notify the Secretary to the Department of
Justice that a security patient has been transferred to another approved
mental health service under subsection (1).



(4) A security patient subject to a transfer order under subsection (1) may
appeal to the Board against the transfer.



(5) On an appeal under subsection (4), the Board must consider whether the
transfer-



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





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





(6) On an appeal under subsection (4), the Board may-

   (a)  confirm the decision of the chief psychiatrist to transfer the
        patient; or

   (b)  direct that the patient-

   (i)  continue to be detained in the same approved mental health service; or

   (ii) if the patient has already been transferred, be returned to the
        approved mental health service from which the patient was transferred.