35—Transfer of involuntary inpatients
(1) If the director of
a treatment centre considers it is necessary or appropriate for an
involuntary inpatient to be transferred from the centre to another treatment
centre, the director may give a direction for the patient to be transferred to
the other treatment centre, after first arranging with the director of the
other centre for the patient's admission to that centre.
Note—
The other treatment centre must, in the case of a patient to whom a level 2 or
level 3 inpatient treatment order applies, be an approved treatment
centre (not a limited treatment centre).
(2) The director of a
treatment centre may give a direction—
(a) for
an involuntary inpatient to be transferred to a hospital, or between
hospitals, in circumstances where the patient has or has had an illness other
than a mental illness, after first arranging with the person in charge of the
relevant hospital for the patient's admission to the hospital; and
(b) for
the patient's transfer back to the treatment centre after completion of the
hospital treatment.
(3) If an
involuntary inpatient has been transferred to a hospital as a result of a
direction under this section—
(a) the
patient is, while in the care and control of staff of the hospital to be taken
to continue in the care and control of the treatment centre staff; and
(b)
staff of the hospital may exercise the powers conferred by section 34 in
relation to the patient as if they were treatment centre staff.
(4) A direction under
this section must be given by writing in the form approved by the Minister.
(5) Subject to
subsection (6), if the patient has been admitted to the centre, the
director must notify a guardian, medical agent, relative, carer or friend of
the patient on giving a direction under this section for the transfer of the
patient from the centre.
(6) The following
provisions apply for the purposes of subsection (5):
(a) the
notification must be given by writing in the form approved by the
Chief Psychiatrist;
(b) the
person to be notified must be—
(i)
a guardian, medical agent, relative, carer or friend of
the patient nominated by the patient for the purpose; or
(ii)
if that is not practicable or appropriate—a
guardian, medical agent, relative, carer or friend of the patient who appears
to have or be assuming responsibility for the care of the patient; or
(iii)
if that is not practicable or appropriate—any other
guardian, medical agent, relative, carer or friend of the patient whom it is
practicable and appropriate to notify;
(c) the
director is not required to notify a person whose whereabouts are not known to
or readily ascertainable by the director;
(d) it
is not appropriate for the director to notify a particular person if the
director has reason to believe that it would be contrary to the patient's best
interests to do so.