Last updated 31 January 2018

The Mental Health Act 2016 (Qld) makes provisions for patients subject to a treatment authority to be transferred interstate, and also for interstate patients to be transferred to an authorised mental health service in Queensland.

The Act also provides for the return of patients who are absent without permission from an interstate mental health service, and likewise for the return to Queensland of patients who have absconded interstate.

A person who is subject to a forensic order or a treatment support order made by the Mental Health Court may apply to the Queensland Civil and Administrative Tribunal (QCAT) for approval to be transferred to an interstate mental health service, unless the Mental Health Court has decided that they are temporarily unfit for trial. An application to QCAT must be accompanied by a statement by the chief psychiatrist (or in some case the director of forensic disability) that interstate transfer requirements can be met.