New South Wales Consolidated Acts

MENTAL HEALTH ACT 2007 - SECT 80

80 Transfer of patients to or from mental health facilities

(cf 1990 Act, s 78)

(1) An involuntary patient or a person detained in a mental health facility may be transferred from the mental health facility to another mental health facility or another health facility.

(2) A person who is a patient in a health facility other than a mental health facility may be transferred from the health facility to a declared mental health facility for the purpose of detaining the person under Part 2 of Chapter 3.

Note : Section 25 sets out the procedure for detaining such a person in a declared mental health facility.

(3) A transfer of a patient or person to a health facility other than a mental health facility may be made on the grounds that the patient or person requires medical treatment for a condition or illness (other than a mental illness or other mental condition).

(4) A transfer under this section is to be done in accordance with an arrangement between medical officers of each facility or an order in writing by the Secretary.

(5) An arrangement under this section is sufficient authority for the transfer of a patient or person, and the reception into, the mental health facility or other health facility to which the patient or person is transferred.