Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 523

523 Requirements for application

(1) The application must—

(a) state the reasons why 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) include a written statement from the responsible person that complies with subsection (2) .

(2) For subsection (1) (b) , the written statement must state the responsible person considers—

(a) either—

(i) if an authorised mental health service is responsible for the patient seeking transfer—

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

(B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or

(ii) if the forensic disability service is responsible for the patient seeking transfer—

(A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or

(B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and

(b) the arrangements for the transfer are adequate to protect the safety of the community; and

(c) for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.

(3) In this section—

"responsible person" means—

(a) if an authorised mental health service is responsible for the patient seeking transfer—the chief psychiatrist; or

(b) if the forensic disability service is responsible for the patient seeking transfer—the director of forensic disability.