Victorian Current Acts Victorian Current Acts(1) An authorised psychiatrist or the chief psychiatrist may apply to the Mental Health Tribunal for an interstate transfer of treatment order to transfer responsibility for treatment of a person who is subject to a community temporary treatment order or a community treatment order to an interstate mental health facility if—
(a) the authorised psychiatrist or chief psychiatrist is satisfied that the transfer of the responsibility for treatment is necessary for the person's treatment; and
(b) the person does not have capacity to give informed consent or does not consent 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) The Mental Health Tribunal must hear and determine the application for an interstate transfer of treatment order as soon as practicable.
(3) In determining an application for an interstate transfer of treatment order, to the extent that reasonable in the circumstances, the Mental Health Tribunal must have regard to—
(a) the person's views and preferences about the proposed transfer and the reasons for those views and preferences, including the recovery outcomes that the person would like to achieve; and
(b) the person's views and preferences expressed in the person's advance statement of preferences; and
(c) any of the person's views and preferences expressed by the person's nominated support person; and
(d) the views of a guardian of the person; and
(e) the views of a carer of the person, if the Tribunal is satisfied that the transfer will directly affect the carer and the care relationship; and
(f) the views of a parent of the person, if the person is under the age of 16 years; and
(g) the views of the DFFH Secretary, if that Secretary has parental responsibility for the person under a relevant child protection order.
(4) The Mental Health Tribunal must—
(a) make an interstate transfer of treatment order if the Tribunal is satisfied that—
(i) the transfer of responsibility is necessary for the person's treatment; and
(ii) the person does not have capacity to give informed consent or does not consent to the transfer; and
(iii) the transfer is permitted by or under a corresponding law; and
(iv) the interstate authority for the interstate mental health facility agrees to the transfer; or
(b) refuse to make an interstate transfer of treatment order if the Tribunal is not satisfied as to the matters referred to in paragraph (a).
(5) A person in relation to whom responsibility for treatment is transferred in accordance with this section ceases to be subject to a community temporary treatment order or community treatment order on becoming subject to a corresponding order made under a corresponding law.
(6) The authorised psychiatrist or the chief psychiatrist must ensure that any documents relevant to the person in relation to whom responsibility for treatment is transferred in accordance with this section are forwarded to the interstate mental health facility.