s. 93L (4) Section 9B applies to a person being taken to an S. 93K(4) interstate mental health facility under this section amended by No. 76/2003 as if that person were a person to whom a s. 26(6)(d). recommendation relates being taken to an appropriate approved mental health service. (5) Despite subsection (3), a person who is S. 93K(5) inserted by apprehended under subsection (1) may be No. 7/2002 detained in an approved mental health service s. 45(5), amended by under Division 2 of Part 3 pending his or her No. 76/2003 return to the participating State. s. 26(6)(e). Note to Note s. 93K(5) A person detained under subsection (5) is an involuntary inserted by No. 76/2003 patient (see section 3(1)) and is to be treated for his or her s. 26(6)(f). mental illness (see section 12AD). (6) For the purposes of this section, a person is taken S. 93K(6) inserted by to be absent without lawful authority from an No. 7/2002 interstate mental health facility if the person did s. 45(5). not return to the facility when required to do so under a corresponding law. 93L Escort of Victorian patients apprehended interstate S. 93L inserted by No. 55/1996 A patient absent without leave from an approved s. 3. mental health service who is apprehended in a participating State may be taken back to the approved mental health service by— (a) a person who, under a corresponding law in that State, is authorised to take the person to an interstate mental health facility in that State; or (b) a prescribed person; or S. 93L(b) substituted by Nos 7/2002 s. 45(6), 76/2003 s. 26(6)(g). (c) the authorized psychiatrist or any person S. 93L(c) inserted by authorized by the authorized psychiatrist; or No. 7/2002 s. 45(6).
S. 93K(4) amended by No. 76/2003 s. 26(6)(d). (4) Section 9B applies to a person being taken to an interstate mental health facility under this section as if that person were a person to whom a recommendation relates being taken to an appropriate approved mental health service. S. 93K(5) inserted by No. 7/2002 s. 45(5), amended by No. 76/2003 s. 26(6)(e). (5) Despite subsection (3), a person who is apprehended under subsection (1) may be detained in an approved mental health service under Division 2 of Part 3 pending his or her return to the participating State. Note to s. 93K(5) inserted by No. 76/2003 s. 26(6)(f). Note A person detained under subsection (5) is an involuntary patient (see section 3(1)) and is to be treated for his or her mental illness (see section 12AD). S. 93K(6) inserted by No. 7/2002 s. 45(5). (6) For the purposes of this section, a person is taken to be absent without lawful authority from an interstate mental health facility if the person did not return to the facility when required to do so under a corresponding law. S. 93L inserted by No. 55/1996 s. 3. 93L Escort of Victorian patients apprehended interstate s. 93L A patient absent without leave from an approved mental health service who is apprehended in a participating State may be taken back to the approved mental health service by— (a) a person who, under a corresponding law in that State, is authorised to take the person to an interstate mental health facility in that State; or S. 93L(b) substituted by Nos 7/2002 s. 45(6), 76/2003 s. 26(6)(g). (b) a prescribed person; or S. 93L(c) inserted by No. 7/2002 s. 45(6). (c) the authorized psychiatrist or any person authorized by the authorized psychiatrist; or
86-59a101.docx