(1)  The Chief Psychiatrist may direct that an involuntary patient be transferred from one approved hospital to another if satisfied that the transfer is necessary for –

(a) the patient's health or safety; or

(b) the safety of other persons; or

(c) another prescribed reason.

(2)  Except in an emergency, the direction (the transfer direction ) is to be in an approved form.

(2A)  In an emergency, the transfer direction may be given orally or in writing.

(2B)  If a transfer direction is given orally in accordance with subsection (2A) , it must be confirmed in writing in an approved form as soon as practicable after it is given.

(2C)  The transfer direction is authority for an MHO to –

(a) take the patient under escort; and

(b) remove the patient from the transferring hospital; and

(c) take the patient to the other hospital.

(2D)  For the purposes of subsection (2C)  –

(a) the Chief Psychiatrist may request that the patient be taken under escort (in which case the Chief Psychiatrist is to ensure that the escort is given a copy of the transfer direction); and

(b) the custody and escort provisions apply.

(3)  The Chief Psychiatrist is to –

(a) give a copy of the transfer direction to the patient (together with a statement of rights in an approved form); and

(b) give a copy of the transfer direction to –

(i) the controlling authority of each hospital; and

(ii) the treating medical practitioner; and

(iii) the Tribunal; and

(c) place a copy of the transfer direction on the patient's clinical record.

(4)  The Chief Psychiatrist is to ensure that, if practicable, the actions required by subsection (3)(a) and (b) are taken before the transfer takes place.

(5)  .  .  .  .  .  .  .  .  

(6)  .  .  .  .  .  .  .  .  

(7)  Once the patient has been transferred, an order for the involuntary admission and, if necessary, detention, of the patient in the transferring hospital has effect as if it provided for the involuntary admission and, if necessary, detention of the patient in the other hospital.

Note

The transfer of an involuntary patient under this section is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .