Victorian Consolidated Legislation

Mental Health Act 1986 - SECT 93G

Transfer of patients from this State

93G. Transfer of patients from this State



(1) An authorised psychiatrist or the chief psychiatrist may, by order,
transfer an involuntary patient to an interstate mental health facility if-



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

   (c)  the transfer is permitted by or under a corresponding law; and

   (d)  the interstate authority for the interstate mental health facility
        agrees to the transfer.

(2) The authorised psychiatrist or chief psychiatrist must send a copy of a
transfer order to the Board for review under this section.

(3) The Board must review a transfer order without delay, and-

   (a)  if the Board considers that the transfer-

   (i)  would be of benefit to the patient; or

   (ii) is necessary for the patient's treatment- it may confirm the transfer
        order; or

   (b)  otherwise, it must refuse to confirm the transfer order.



(4) For the purposes of a review under this section, sections 31 to 35 apply
as if the review were a review under section 30.

(5) A transfer order does not take effect unless and until it has been
confirmed by the Board.

(6) A person who is transferred under this section ceases to be an involuntary
patient on admission to the interstate mental health facility or on being made
subject to a corresponding order.

(7) A person who is transferred under this section may be taken to the
interstate mental health facility by-

   (a)  a prescribed person; or





   (b)  an authorized psychiatrist or any person authorized by an authorized
        psychiatrist; or



   (c)  an employee of the Department authorized by the chief psychiatrist; or



   (d)  a person who, under the corresponding law, is authorized to take the
        person to the interstate mental health facility.

(8) Section 9B applies to a person being taken to an interstate mental health
facility under this section as if that person were a person to whom a
recommendation relates being taken to an appropriate approved mental health
service.

(9) This section does not apply to an involuntary patient who is subject to a
hospital transfer order, an assessment order or a diagnosis, assessment and
treatment order.