Cross-Border Arrangements with NSW

Mental health arrangements with NSW are governed by a civil and a forensic ministerial agreement.

The Agreements set out the legal framework for the provision of mental health services between the two States.

This page contains download links to the agreement and the relevant forms.

The contact officer in the Mental Health, Drugs and Regions Division for cross-border agreements is Kristen Densley (Monday - Wednesday) telephone (03) 9096 6931, email: Kristen.Densley@health.vic.gov.au

Civil Agreement

The latest civil agreement commenced operation on 9 December 2011 and is the result of a joint review of cross border mental health arrangements between the two States. It is based on the provisions of the Mental Health Act 1986 (Vic) and the Mental Health Act 2007 (NSW). It does not apply to forensic or security patients.

The civil Agreement covers:

• persons seeking mental health treatment over the border;



• the interstate transfer of involuntary in-patients;



• the provision of mental health treatment over the border for persons subject to Community Treatment Orders; and



• the apprehension and return of involuntary patients who are absent without leave either NSW or Victoria

It is expected that operational guidelines will be prepared for the civil agreement in the future.

 Civil memorandum of agreement dated 9 September 2011

Civil Forms

Forms used by NSW and Victoria

 Civil Interstate Transfer Request Form (Annexure 2 to the civil agreement)

 Civil Interstate Apprehension Order (Annexure 3 to the civil agreement)

Forms used by Victoria

MHA 36 (Section 93G) Transfer Order (PDF file 136KB)

Forensic Agreement

The forensic agreement provides for the apprehension and return of forensic, security and certain other patients who are absent without leave in either NSW or Victoria.

Forensic memorandum of agreement dated 19 February 2002 (PDF file 214KB)

Forensic Form

Interstate Apprehension Order (Forensic) (Schedule 2 to forensic memorandum of agreement) (PDF file 55KB)