Chief Psychiatrist policy
This page includes information about the following Chief Psychiatrist policy.
| Policy | Classified patients (PDF 338 kB) |
This policy is mandatory for all authorised mental health services (AMHSs). An authorised doctor, authorised mental health practitioner, AMHS administrator, or other person performing a function or exercising a power under the Mental Health Act 2016 must comply with this policy.
You can also find additional fact sheets, forms, clinical notes and resources that are available for this policy under the relevant subtopics on this page.
Who is a classified patient
A classified patient is a person in custody such as a prison, youth detention centre or a watch house who becomes acutely unwell and is transferred to an authorised mental health service (AMHS) for treatment.
Classified patients may be involuntary or voluntary.
A person in custody may need to be transferred to an AMHS:
- for an involuntary assessment to decide whether a treatment authority should be made
- for treatment, if the person is already under a treatment authority, forensic order (mental health) or treatment support order under the Mental Health Act 2016, or
- if the person voluntarily agrees to be transferred for treatment and care.
Read the Classified patient provisions fact sheet (PDF 504 kB) to learn more.
When can a person be transferred from custody
The Mental Health Act 2016 sets out strict legislative requirements regarding transfer, assessment, treatment, monitoring and notifications for classified patients.
A classified patient admission can only occur with:
- a recommendation for assessment or transfer recommendation made by a doctor or authorised mental health practitioner
- consent for the admission from the relevant AMHS administrator
- consent from the relevant custodian for the person to be transported to the AMHS.
Before an AMHS administrator can consent to the admission to the relevant AMHS, the administrator must be satisfied the AMHS has the capacity to carry out an assessment or provide treatment and care.
The administrator must also be satisfied that the person would not pose an unreasonable risk to the safety of the person or others, having regard to the person's:
- mental state and psychiatric history
- treatment and care needs
- security requirements.
Ending a classified patient admission
A classified patient may be returned to custody if:
- the person is no longer an involuntary patient and does not become a classified patient (voluntary)
- the person is a classified patient (voluntary) and has withdrawn consent to receive treatment and care, or
- it's no longer clinically appropriate for the person to receive treatment and care as an inpatient in an AMHS.
A person's classified patient status ends when the person is returned to custody.
Additionally, a classified patient admission will end if the person ceases to be subject to a custodial order. This may occur because the person:
- is granted bail or parole
- has proceedings against them discontinued, or
- finishes their sentence.
In these circumstances, the person can remain admitted to an AMHS as either a voluntary patient or an involuntary patient under the Mental Health Act 2016, but they will no longer be a classified patient.
Forms
A recommendation for assessment or a transfer recommendation may be made by a doctor or authorised mental health practitioner for a person in custody who needs to be transferred to an inpatient unit of an authorised mental health service (AMHS) for assessment or treatment of a mental illness.
The administrator consent and custodian consent forms are also required for the transport of the person to occur.
These forms may also be used when a person is already in an AMHS under an examination order or court examination order if they need to remain at an AMHS for treatment and care as a classified patient.
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Victim access to classified patient information
Under the Mental Health Act 2016, the Chief Psychiatrist may disclose particular information to a victim or other person affected by an unlawful act relating to a person admitted to an AMHS as a classified patient.
Learn more about victim support and classified patient information