AustLII Tasmanian Consolidated Acts

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MENTAL HEALTH ACT 2013 - SECT 209

Apprehension, &c., of involuntary patients, &c., found interstate

(1)  This section applies if, during the term of an interstate control agreement, any of the following is found at large in the reciprocating State:
(a) an involuntary patient or forensic patient who has absconded from the approved hospital or SMHU where he or she is being detained;
(b) a person who is liable to be admitted to and detained in an approved hospital or SMHU as an involuntary patient or a forensic patient;
(c) a person who is in breach of a treatment order authorising the person's treatment in a community setting.
(2)  The patient or person found at large in the reciprocating State may be apprehended and, as the case may be, escorted to the approved hospital or SMHU by –
(a) an MHO, authorised person or police officer; or
(b) anyone who, under a law of the reciprocating State, is authorised to escort the patient or person to a mental health facility in that State.



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