Queensland Consolidated Acts

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MENTAL HEALTH ACT 2016 - SECT 354

Transfer of person subject to treatment authority to another State

354 Transfer of person subject to treatment authority to another State

(1) This section applies to a person subject to a treatment authority who—
(a) is a patient of an authorised mental health service (the
"AMHS" ); and
(b) is not a classified patient or a person subject to a forensic order (disability).
(2) The administrator of the AMHS may agree with a responsible officer of an interstate mental health service to transfer the responsibility for the person from the AMHS to the interstate mental health service if the administrator is satisfied—
(a) appropriate treatment and care is available for the person at the interstate mental health service; and
(b) the transfer is otherwise appropriate in the circumstances.
Example of when a transfer under this section may be appropriate—
to allow the person to be in closer proximity to their family, carers or other support persons
(3) In deciding whether the transfer is appropriate in the circumstances under subsection (2) (b) , the administrator must, to the greatest extent practicable, have regard to the views, wishes and preferences of the person.
(4) The person’s treatment authority ends when the person leaves Queensland.



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