Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 320

Transfer of responsibility for treatment of person to interstate mental health facility—with person's consent

    (1)     An authorised psychiatrist or the chief psychiatrist may direct that responsibility for treatment of a person who is subject to a Community Temporary Treatment Order or a Community Treatment Order be transferred to an interstate mental health facility if—

        (a)     the authorised psychiatrist or chief psychiatrist is satisfied that this is necessary for the person's treatment; and

        (b)     the person consents to the transfer of responsibility; and

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

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

    (2)     A person in relation to whom responsibility for treatment is transferred under this section ceases to be subject to a Community Temporary Treatment Order or a Community Treatment Order on becoming subject to a corresponding Order.

    (3)     The authorised psychiatrist or chief psychiatrist must ensure that any documents relevant to the person in relation to whom responsibility for treatment is transferred under this section are forwarded to the interstate mental health facility.



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