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. At the time of writing (July 2011), a similar reciprocal arrangement with the ACT is likely to come into effect in the very near future. An agreement may also be reached with Queensland in the near future.
These laws deal with:
- transfer of involuntary patients interstate: A transfer can only take place after being reviewed by the MHRB and only if the MHRB considers the transfer to be of benefit to the patient or necessary for their treatment;
- interstate CTOs: A person on a CTO from Victoria can continue to receive treatment from an area mental health service 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 involuntary patient leaves Victoria for 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 New South Wales and South Australia.
For more information contact the Mental Health Legal Centre on 9629 4422.
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INTERSTATE APPLICATION OF MENTAL HEALTH LAWS :: Last updated: Thu Jul 1st 2010