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MENTAL HEALTH (TREATMENT AND CARE) REGULATIONS 2003 (NO 47 OF 2003) - REG 7

Interstate custodial patients—Act, s 48D (2)

The following are interstate custodial patients for the Act, part 5A:

        (a)     a person apprehended or detained under the NSW Act, chapter 4, part 2 (Involuntary admission to hospitals), division 1 (Admission to and detention in hospitals);

        (b)     a person who is a continued treatment patient as defined in the NSW Act, schedule 1 (Dictionary of terms used in the Act);

        (c)     a person who is a temporary patient as defined in the NSW Act, schedule 1;

        (d)     a person subject to a hospital order or restricted hospital order under the Victorian Act, section 16 (Transfer of mentally ill prisoners);

        (e)     a person who is the subject of a warrant issued under the Victorian Act, section 53AA (Warrant to arrest security patient absent without leave who leaves Victoria);

        (f)     a person apprehended under the Victorian Act, section 53AD (Apprehension of forensic patient absent without leave);

        (g)     a person who is a classified patient under the Queensland Act, section 69 (Classified patients);

        (h)     a person subject to an order under the Queensland Act, section 101 (Court may order person's detention in authorised mental health service);

              (i)     a person subject to the Queensland Act, section 185 (Apprehension of involuntary patients interstate);

        (j)     a person subject to an order under the Queensland Act, section 273 (1) (b) (Orders about custody);

        (k)     a person subject to an order under the Queensland Act, section 288 (Mental Health Court may make forensic order);

        (l)     a person subject to an order under the Queensland Act, section 302 (Minister may make forensic order for persons subject to custody order);

        (m)     a person subject to an order for detention in a stated authorised mental health service under the Queensland Act, section 337 (6) (Appeal powers).



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