Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 309

Role of authorised psychiatrist in transferring forensic patient

    (1)     As soon as practicable after making a direction under section 307 or receiving a direction under section 308, the authorised psychiatrist must ensure that reasonable steps are taken—

        (a)     to inform the forensic patient of the direction to take the forensic patient to another designated mental health service and to explain its purpose and effect; and

        (b)     to notify the following persons in relation to the forensic patient of the direction—

              (i)     the nominated person;

              (ii)     a guardian;

              (iii)     a carer, if the authorised psychiatrist is satisfied that the direction will directly affect the carer and the care relationship;

              (iv)     a parent, if the forensic patient is under the age of 16 years;

              (v)     the Secretary to the Department of Human Services, if the forensic patient is the subject of a custody to Secretary order or a guardianship to Secretary order.

        (c)     to take the forensic patient to the receiving designated mental health service; and

        (d)     to forward any documents relevant to the treatment of the forensic patient to the receiving designated mental health service.

    (2)     As soon as practicable after a forensic patient is taken to the receiving designated mental health service, the authorised psychiatrist of that designated mental health service must ensure that reasonable steps are taken to notify the Secretary that the forensic patient has been received at that designated mental health service.



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