New South Wales Repealed Acts

This legislation has been repealed.

MENTAL HEALTH ACT 1990 - SECT 286H

286H Transfer of patients from this State

(1) A person who is involuntarily detained as a temporary patient or a continued treatment patient in a hospital in this State may be transferred to a hospital in another State, if the transfer is permitted by or under a provision of a corresponding law of the other State and is in accordance with the regulations.

(2) A person who is transferred to a hospital in another State under this section ceases to be a temporary patient or a continued treatment patient on admission to the hospital.

(3) A person may be taken to a hospital in another 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.

(4) The regulations may make provision for or with respect to:

(a) procedures for authorising the transfer of a patient under this section and for notifying any such transfer or proposed transfer, and

(b) criteria for authorising the transfer of a patient under this section, and

(c) the handing over of custody of any such patient by persons in this State, and

(d) the persons (including interstate persons) who may take a patient to a hospital in another State under this section, and

(e) the hospitals to which a patient may be taken under this section and the places taken to be hospitals for the purposes of this section.

(5) Section 78 does not apply to a transfer under this section.