Victorian Numbered Acts

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MENTAL HEALTH ACT 2014 (NO. 26 OF 2014) - SECT 322

Taking person to interstate mental health facility—with person's consent

    (1)     An authorised psychiatrist or the chief psychiatrist may direct that a person who is subject to an Inpatient Temporary Treatment Order or an Inpatient Treatment Order be taken to an interstate mental health facility if—

        (a)     the authorised psychiatrist or chief psychiatrist is satisfied that this is necessary for the person's treatment; and

        (b)     the person consents to being taken to the interstate mental health facility; and

        (c)     taking the person to the interstate mental health facility is permitted by or under a corresponding law; and

        (d)     the interstate authority for the interstate mental health facility agrees to receive the person.

    (2)     A person who is taken to an interstate mental health facility under this section ceases to be subject to an Inpatient Temporary Treatment Order or an Inpatient Treatment Order

        (a)     on admission to the interstate mental health facility; or

        (b)     on becoming subject to a corresponding Order.

    (3)     A person who is taken to an interstate mental health facility under this section may be taken to the interstate mental health facility by—

        (a)     an authorised person; or

        (b)     a person who, under the corresponding law, is authorised to take the person to the interstate mental health facility.

    (4)     The authorised psychiatrist or the chief psychiatrist must ensure that any documents relevant to the person who is taken to the interstate mental health facility under this section are forwarded to the interstate mental health facility.



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