Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 53AB

Transfer of forensic patient to another approved mental health service

53AB. Transfer of forensic patient to another approved mental health service





(1) Subject to subsection (1A), the chief psychiatrist may by order direct the
transfer of a forensic 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.

(1A) The chief psychiatrist cannot make an order under subsection (1) in
respect of a forensic patient detained under section 20BJ(1) or 20BM of the
Crimes Act 1914 of the Commonwealth but may recommend to the Attorney-General
for the Commonwealth the making of an order under section 20BJ(2) or 20BM(7)
(as the case requires) of that Act varying the approved mental health service
in which the forensic patient is detained.

(2) Where a forensic 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) A forensic patient subject to a transfer order under subsection (1) may
appeal to the Panel against the transfer.

(4) On an appeal under subsection (3), the Panel must consider whether the
transfer-

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

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

(5) On an appeal under subsection (3), the Panel 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.

(6) Division 3 of Part 7 of, and Schedule 2 to, the Crimes (Mental Impairment
and Unfitness to be Tried) Act 1997 apply to an appeal under subsection (3) as
if references in that Division and Schedule to the applicant for leave were
references to the forensic patient subject to the transfer order.