AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 205

PART 3 - Interstate Control Agreements Nature of interstate control agreements

An interstate control agreement is an agreement, between the Minister and the Minister's counterpart in another State, providing for either or both of the following:
(a) the apprehension, detention and return of any one or more of the following:
(i) involuntary patients or forensic patients who abscond from the approved hospital or SMHU where they are being lawfully detained and are found at large in the reciprocating State;
(ii) persons who are liable to be detained in an SMHU as forensic patients and who are liable to be detained in an approved hospital as involuntary patients and are found at large in the reciprocating State;
(iii) persons who are in breach of supervision orders and are found at large in the reciprocating State;
(iv) involuntary patients who are in breach of treatment orders and are found at large in the reciprocating State;
(b) the apprehension, detention and return of any one or more of the following:
(i) persons, other than prisoners, who abscond from the mental health facility where they are being detained under a law of the reciprocating State and are found at large in Tasmania;
(ii) persons, other than prisoners, who are liable to be detained in a mental health facility under a law of the reciprocating State and are found at large in Tasmania;
(iii) persons who are in breach of orders made under a law of the reciprocating State providing for their treatment in a community setting (including any orders of that kind that correspond to supervision orders) and are found at large in Tasmania.



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