Victorian Numbered Acts Victorian Numbered Acts(1) An authorised psychiatrist or the chief psychiatrist may make an application to the 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 Tribunal must hear and determine an application made under subsection (1) as soon as practicable.
(3) In determining an application made under subsection (1), the Tribunal must, to the extent that reasonable in the circumstances, 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 his or her advance statement; and
(c) the views of the person's nominated 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 Secretary to the Department of Human Services, if the person is the subject of a custody to Secretary order or a guardianship to Secretary order.
(4) The Tribunal must—
(a) grant the application 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 grant the application 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 under this section ceases to be subject to a Community Temporary Treatment Order or Community Treatment Order on becoming subject to a corresponding Order.
(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 under this section are forwarded to the interstate mental health facility.