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 order for a person who is subject to an Inpatient Temporary Treatment Order or an Inpatient Treatment Order to be taken to an interstate mental health facility if—
(a) the authorised psychiatrist or chief psychiatrist is satisfied that taking the person is necessary for the person's treatment; and
(b) the person does not have capacity to give informed consent or does not consent 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 admit the person.
(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 being taken to an interstate mental health facility 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 authorised psychiatrist or chief psychiatrist (as the case may be) 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 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) taking the person to an interstate mental health facility is necessary for the person's treatment; and
(ii) the person does not have capacity to give informed consent or does not consent to being taken; and
(iii) taking the person to the interstate mental health facility is permitted by or under a corresponding law; and
(iv) the interstate authority for the interstate mental health facility agrees to admit the person; 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 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.
(6) A person may be taken to an interstate mental health facility under this section 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.
(7) 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.