Interstate application of mental health provisions is dealt with in Part 13 of the MHA 2014. The A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation., New South Wales and South Australia have passed laws corresponding to those of Victoria regarding the interstate application of each state’s mental health laws. These laws deal with:
- transfer of involuntary patients interstate: a transfer can only take place after being reviewed by the MHT and only if the MHT considers the transfer to be of benefit to the patient or necessary for their treatment;
- interstate CTOs: people on a Treatment of an involuntary patient by a medical practitioner in the community, not in a mental hospital. from Victoria can continue to receive treatment from a designated mental health Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. in New South Wales and South Australia. Reciprocal arrangements apply to people on a CTO from New South Wales or South Australia; and
- apprehension of involuntary patients absent without leave: if an A patient admitted to a mental hospital on a doctor’s recommendation, without the patient’s consent. leaves Victoria for the ACT, New South Wales or South Australia without continuing treatment, they can be apprehended and either hospitalised in that state or returned to Victoria. Reciprocal arrangements occur for involuntary patients from the ACT, New South Wales and South Australia.
Victoria also has agreements with the ACT and New South Wales covering the apprehension and return of forensic and Money or property promised to be handed over as a guarantee for repayment of a loan, or as a guarantee that a defendant will meet their bail conditions. patients. For more information, see the DHHS’s website (www2.health.vic.gov.au).