Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 822

822 Move of patients interstate

(1) If, immediately before the commencement, the tribunal had approved the move to another State of a person subject to a forensic order—

(a) the person is taken to have been transferred to the other State under the new Act, chapter 12; and

(b) to remove any doubt, it is declared that, for the new Act, section 528(3)(b), the 3-year period includes any period before the commencement for which the person was out of Queensland.

(2) If an application for approval of a move of a person to an interstate mental health service was made under the repealed Act, section 171 but not decided before the commencement, the application may continue to be heard under the repealed Act as if the new Act had not commenced.

(3) If the application is approved, the move is taken to be a transfer approved under the new Act, chapter 12, part 10, division 2.

Note—

See the new Act, section 528 in relation to the effect of a transfer on a person’s forensic order (mental health), forensic order (disability) or treatment support order.