The civil and forensic cross-border ministerial agreements with the ACT are out of date as they refer to the repealed 1986 Mental Health Act.

Mental health services with cross-border questions should contact the Office of the Chief Psychiatrist at ocp@dhhs.vic.gov.au or on (03) 9096 7571 for specific advice about current cross-border arrangements.

Victorian has civil and forensic cross-border ministerial agreements with the Australian Capital Territory (ACT).

The agreements set out the legal framework for the provision of mental health services between the state and territory. They rely on the provisions of the Mental Health Act 1986 (Vic) and the Mental Health (Treatment and Care) Act 1994 (ACT).

Civil agreement

The civil cross-border ministerial agreement applies to involuntary patients.

It provides for the planned interstate transfer of patients between Victoria and the ACT and the apprehension and return of compulsory inpatients who are absent without leave in either the ACT or Victoria.

The agreement refers to the provisions of the repealed Mental Health Act 1986 (Vic), however the Mental Health Act 2014 (Vic) deems the civil agreement to be made under the 2014 Act. Interstate operational guidelines for the civil agreement commenced on 20 July 2012.

Forensic agreement

The forensic cross-border ministerial agreement applies to forensic, security and certain other patients. It is confined to the apprehension and return of such patients when they are absent without leave in either the ACT or Victoria.

The forensic agreement refers to the provisions of the repealed Mental Health Act 1986 (Vic), however the Mental Health Act 2014 (Vic) deems the forensic agreement to be made under the 2014 Act.