Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 370

370 Transport of person outside Queensland to authorised mental health service

(1) This section applies to a person outside Queensland who, under a corresponding law, may be transported to an interstate mental health service for—

(a) emergency involuntary examination or treatment and care relating to a mental illness; or

(b) an involuntary assessment of whether the person should be involuntarily treated for a mental illness.

(2) If subsection (1) (a) applies, the person may be transported to either of the following places for emergency examination or treatment and care—

(a) an authorised mental health service;

(b) a public sector health service facility.

(3) If the public sector health service facility mentioned in subsection (2) (b) is not an inpatient hospital, the person may be transported to the facility only with the approval of the person in charge of the facility.

(4) If subsection (1) (b) applies, the person may be transported to an authorised mental health service for an involuntary assessment of whether the person should be involuntarily treated for a mental illness.

(5) The person may be transported to a place mentioned in subsection (2) or (4) by—

(a) an authorised person; or

(b) a person who, under a corresponding law, is authorised to transport the person to an interstate mental health service.

(6) A document under a corresponding law that recommends assessment of a person to decide whether the person should be involuntarily treated for a mental illness is taken to be a recommendation for assessment for the purposes of this Act.

(7) In this section—

"inpatient hospital" means a hospital at which a person may be discharged on a day other than the day on which the person was admitted to the hospital.