Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 366

366 Authorised person may transport absent person

(1) This section applies if an authorised person is authorised to transport a person under section 364 (1) (a) .

(2) The authorised person may transport the person named in the authorisation to the authorised mental health service or public sector health service facility stated in the authorisation.

(3) Subsection (4) applies if an authorised person mentioned in section 364 (1) (a) asks a police officer, under the Police Powers and Responsibilities Act 2000 , section 16 , to help transport the named person.

Note—

Under section 359 (4) , an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 . Under section 16 of that Act, a public official may ask a police officer to help the public official perform the public official’s functions.

(4) The request must—

(a) be in the approved form; and

(b) state the name of the person to be transported; and

(c) state the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and

(d) identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and

(e) state the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.

(5) Before transporting the person, the authorised person must—

(a) tell the person the authorised person is detaining the person and transporting the person to the authorised mental health service or public sector health service facility stated in the authorisation; and

(b) explain to the person how taking action under paragraph (a) may affect the person.