Australian Capital Territory Current Acts

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MENTAL HEALTH ACT 2015 - SECT 144E

Transfers to health facilities

    (1)     The director-general may direct that a person taken to be in the director-general's custody be transferred to a health facility if the director-general believes on reasonable grounds that it is necessary or prudent for the person to receive health services at the facility.

    (2)     The director-general must, if practicable, have regard to the advice of the person's treating doctor when considering whether to make a direction under subsection (1).

    (3)     The director-general may direct an escort officer to escort the person to or from the health facility, or while at the facility.

    (4)     The person may be discharged from the health facility only if—

        (a)     the health practitioner in charge of the person's care approves the discharge; or

        (b)     the director-general directs that the person be removed from the facility.

Example—par (b)

where the person is a danger to the safety of people at the facility

    (5)     The director-general must have regard to the health of the person when considering whether to make a direction under subsection (4).

    (6)     The director-general may give a direction for ensuring that a person discharged from a health facility under subsection (4) is returned to the secure mental health facility.

    (7)     In this section:

"escort officer"—see section 144F (Escort officers).

"health facility" means a hospital or other facility where health services are provided.



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