New South Wales Consolidated Acts

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MENTAL HEALTH ACT 2007 - SECT 179

Transfer of interstate persons to mental health facilities in this State

179 Transfer of interstate persons to mental health facilities in this State

(cf 1990 Act, s 286K)

(1) A person who is involuntarily detained as a patient in a mental health facility in another State under a corresponding law may be transferred to a declared mental health facility in this State, if the transfer is authorised under a provision of a corresponding law of the other State and accepted by the medical superintendent of the mental health facility in this State.
(2) A person may be taken to a declared mental health facility in this State under this section by a person who is authorised to do so by the regulations or under a provision of a corresponding law of the other State.
(3) However, a medical superintendent may not accept the transfer of a person unless the medical superintendent considers that it is likely that the person is a mentally ill person or a mentally disordered person.
(4) The regulations may make provision for or with respect to the following matters--
(a) the procedures for authorising and arranging the receipt of a person under this section,
(b) the persons (including interstate persons) who may take a patient to a mental health facility in this State under this section,
(c) the receiving of custody of any such person by persons in this State,
(d) the period within which any such person must be reviewed by the Tribunal after being transferred to a mental health facility in this State.



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