Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 291

Authorised psychiatrist may direct security patient to be taken to another designated mental health service

    (1)     An authorised psychiatrist may make a direction that a security patient is to be taken to another designated mental health service if—

        (a)     the authorised psychiatrist is satisfied that this is necessary for the security patient's treatment; and

        (b)     the authorised psychiatrist for the designated mental health service which is to provide the treatment to the security patient approves.

    (2)     In determining whether the security patient is to be taken to another designated mental health service, the authorised psychiatrist must, to the extent that is reasonable in the circumstances, have regard to all of the following—

        (a)     the security patient's views and preferences about receiving treatment at another designated mental health service and the reasons for those views and preferences, including the recovery outcomes the security patient would like to achieve;

        (b)     the views or preferences expressed by the security patient in his or her advance statement;

        (c)     the views of the security patient's nominated person;

        (d)     the views of a guardian of the security patient;

        (e)     the views of the security patient's carer, if the authorised psychiatrist is satisfied that the decision will directly affect the carer and the care relationship;

        (f)     the views of a parent of the security patient, if the security patient is under the age of 16 years;

        (g)     the views of the Secretary to the Department of Human Services, if the security patient is the subject of a custody to Secretary order or a guardianship to Secretary order;

        (h)     the views of the Secretary to the Department of Justice.



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