An authorised psychiatrist can vary a patient’s assessment order, court assessment order, temporary treatment order or a treatment order to transfer the patient to another designated mental health service.
They can do is if they are satisfied the transfer is necessary for the patient’s assessment or treatment and if the authorised psychiatrist for the other designated mental health service has approved the transfer.
The Chief Psychiatrist can also direct an authorised psychiatrist to vary an order to transfer a patient to another health service (if this happens the authorised psychiatrist does not need to obtain the approval of the other designated mental health service).
A patient can apply to the Tribunal for review of a decision to transfer them to another health service in Victoria.
What will the Tribunal decide?
The Mental Health Tribunal may make an order directing:
a) that the patient be assessed or treated by the original health service, and if the patient has been transported to another
health service, direct that the patient be returned to the original health service: or
b) that the person remain subject to the order as varied (i.e. be assessed or treated by the receiving health service).
How a patient can apply to the Tribunal
A patient can apply to the Tribunal for a review of the decision to transfer them to another mental health service within 20 business days after their order was varied to transfer them to another health service.
They can make the application by completing a MHWA 114 Application to Mental Health Tribunal form.
The form can be sent to the Tribunal by:
Email: mht@mht.vic.gov.au
Fax: (03) 9032 3223
Post: Level 30, 570 Bourke Street Melbourne VIC 3000
What the health service must do
Write a report for the patient and the Tribunal
The health service must write a report for the Tribunal hearing and provide copies to the Tribunal and the patient at least 2 business days before the hearing.
The report should be written using the Tribunal’s Report for patient application against being transferred to another health service (MHT 42) template.
Provide other relevant documents
In addition to the report template the health service must also provide:
- The MHWA 123 Variation of order to transfer compulsory patient form which records the decision to transfer that is the subject of the patient’s application.
- The written approval of the transfer by an authorised psychiatrist at the receiving health service or written confirmation of that approval (unless the transfer was at the direction of the Chief Psychiatrist).
- Copies of relevant orders that establish the Tribunal’s jurisdiction. These are the current order to which the patient is subject and, if the patient is subject to a temporary treatment order, the assessment order.
- The other documents specified in Practice Note 4, being:
- Latest discharge or admission summaries
- Consultant notes in date order for the last three reviews
- Notes from registrar/medical officer reviews in date order during the three months prior to the hearing
- Notes from case manager reviews in date order during the three months prior to the hearing
- Nursing notes for up to a month preceding a hearing held during an inpatient admission
- Advance Statement of Preferences
- Nominated Support Person form
- Second psychiatric opinion report
- Correspondence from private/specialist practitioners or general practitioners
- Forensic, social work, occupational therapy, psychological and neuropsychological reports
- Any reports related to additional therapeutic interventions offered by the service
- Information about non-clinical or community supports involved in the person's care
- CMI records
- Any other documents which the treating team believes are relevant to the hearing.
These documents should also be made available to the patient at least 2 business days before the hearing.
Attend the Tribunal hearing
The psychiatrist who varied the patient’s order to transfer them to the receiving health service (or their delegate) must attend the hearing.
Other staff involved in the patient’s treatment such as medical officers and the case manager are also strongly encouraged to attend.
The Tribunal will notify parties of the hearing and how they can participate. The health service should support the patient to participate.
How the patient can prepare for the hearing
The patient can prepare for the hearing by:
- asking someone to help them prepare for and/or attend the hearing with them like a family member, friend, lawyer or advocate (see Find someone to help)
- reading the report prepared for the hearing
- planning what they want to say about whether the transfer is necessary for their assessment and treatment.
The health service should support the patient to prepare for the hearing.