Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 368

368 Apprehension, detention and transport of person absent from interstate mental health service

(1) An authorised person may apprehend, in Queensland, a person (the
"absent person" )—

(a) who is absent without permission from an interstate mental health service; and

(b) for whom an apprehension authority has been issued under a corresponding law of the State (the
"other State" ) in which the interstate mental health service is located.

(2) The apprehension authority is taken to be a warrant for apprehension of the absent person, by an authorised person, under this Act.

(3) If the absent person is apprehended under this section, the absent person may be—

(a) transported, by an authorised person, to—

(i) an interstate mental health service in the other State; or

(ii) an authorised mental health service; or

(b) detained in an authorised mental health service for the period reasonably necessary to enable the administrator of the service to make arrangements for the absent person to be transported to an interstate mental health service under paragraph (a) .

(4) Before the absent person is detained or transported under this section, an authorised person must explain to the absent person why the absent person is being detained or transported.

(5) Subsection (6) applies if a corresponding law confers a function or power on a person (an
"interstate person" ) in relation to the apprehension of the absent person.

(6) The interstate person may, in Queensland, perform the function, or exercise the power, to the extent necessary to assist in the apprehension, detention or transport, under this section, of the absent person.

(7) In this section—

"apprehension authority" , in relation to a person, means a warrant, or another document (however described), that authorises the apprehension of the person.