Victorian Numbered Acts Victorian Numbered Acts(1) A person who is absent without leave or other lawful authority from an interstate mental health facility in a participating State may be apprehended in this State if—
(a) the person may be apprehended under a corresponding law in the participating State; or
(b) a warrant or other document is issued under the corresponding law in the participating State that authorises the apprehension of the person.
(2) The power to apprehend a person under subsection (1) may only be exercised by—
(a) an authorised person; or
(b) a person who is authorised under the corresponding law to apprehend the person.
(3) A person who is apprehended under subsection (1) must, as soon as it is reasonably practicable to do so—
(a) be informed why he or she has
been apprehended; and
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(b) be taken to an interstate mental health facility in the participating State.
(4) Pending his or her return to the participating State under subsection (3), a person may be taken to a designated mental health service for examination by the authorised psychiatrist to determine whether the person requires treatment before being returned.
(5) If, under subsection (4), the authorised psychiatrist determines that the person requires treatment before being returned to the participating State, the person may be detained and treated in the designated mental health service as if the person were subject to a Temporary Treatment Order until the person is returned.
(6) For the purposes of this section, a person is taken to be absent without lawful authority from an interstate mental health facility if the person did not return to the facility when required to do so under a corresponding law.