Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 517

517 Decision on application

(1) In deciding the application, the tribunal must—

(a) to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and

(b) approve, or refuse to approve, the transfer.

(2) The tribunal may approve the transfer only if satisfied—

(a) the transfer is appropriate in the circumstances; and

Example of when a transfer under this division may be appropriate—

to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons

(b) either—

(i) if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or

(ii) if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and

(c) a forensic order (mental health) or forensic order (disability) is necessary, because of the mental condition of the patient seeking transfer, to protect the safety of the community, including, for example, from the risk of serious harm to other persons or property; and

(d) the arrangements for the transfer are adequate to protect the safety of the community.

(3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.