Mental Health Act 2000

An Act about treating and protecting people who have mental illnesses, and for other purposes

1Short title

This Act may be cited as the Mental Health Act 2000 .

2Commencement

(1) Section 590 and schedule 1, part 1, commence on assent.

(2)The remaining provisions of this Act commence on a day to be fixed by proclamation.

3Act binds all persons

(1)This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

4Purpose of Act

The purpose of this Act is to provide for the involuntary assessment and treatment, and the protection, of persons (whether adults or minors) who have mental illnesses while at the same time—

(a)safeguarding their rights and freedoms; and

(b)balancing their rights and freedoms with the rights and freedoms of other persons.

s 4 amd 2007 No. 28 s 28

5How purpose of Act is to be achieved

The purpose of this Act is to be achieved in the following ways—

(a)providing for the detention, examination, admission, assessment and treatment of persons having, or believed to have, a mental illness;

(b)establishing the Mental Health Review Tribunal to, among other things—

(i)carry out reviews relating to involuntary patients; and

(ii)hear applications to administer or perform particular treatments;

Note—

For the tribunal’s jurisdiction, see chapter 12 (Mental Health Review Tribunal), part 1 (Establishment, jurisdiction and powers).

(c)establishing the Mental Health Court to, among other things, decide the state of mind of persons charged with criminal offences;

Note—

For the Mental Health Court’s jurisdiction, see chapter 11 (Mental Health Court), part 1 (Establishment, constitution, jurisdiction and powers).

(d)providing for the making of arrangements for—

(i)the transfer to other States of involuntary patients; and

(ii)the transfer to Queensland of persons who have mental illnesses;

(e)when making a decision under this Act about a forensic patient, taking into account—

(i)the protection of the community; and

(ii)the needs of a victim of the alleged offence to which the applicable forensic order relates.

s 5 amd 2007 No. 28 s 29

6Application of Act

This Act does not prevent a person who has a mental illness being admitted to, or receiving assessment or treatment at, an authorised mental health service other than as an involuntary patient.

7Attachment—flowcharts

(1)The attachment to this Act shows the way in which provisions of this Act apply in particular circumstances and how the provisions relate to each other.

(2)The attachment does not form part of this Act.

(3)If the provisions are amended, the attachment must be revised so that it is accurate.

(4)The revision must be made in the first reprint of this Act after the amendments.

8General principles for administration of Act

(1)The following principles apply to the administration of this Act in relation to a person who has a mental illness—

(a) Same human rights

•the right of all persons to the same basic human rights must be recognised and taken into account

•a person’s right to respect for his or her human worth and dignity as an individual must be recognised and taken into account

(b) Matters to be considered in making decisions

•to the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person’s life, especially decisions about treatment

•to the greatest extent practicable, in making a decision about a person, the person’s views and the effect on his or her family or carers are to be taken into account

•a person is presumed to have capacity to make decisions about the person’s assessment, treatment and choosing of an allied person

(c) Provision of support and information

•to the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, facilitating access to independent help to represent the person’s point of view

(d) Achievement of maximum potential and self-reliance

•to the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance

(e) Acknowledgement of needs

•a person’s age-related, gender-related, religious, cultural, language, communication and other special needs must be taken into account

(f) Maintenance of supportive relationships and community participation

•the importance of a person’s continued participation in community life and maintaining existing supportive relationships are to be taken into account to the greatest extent practicable, including, for example, by treatment in the community in which the person lives

(g) Maintenance of environment and values

•to the greatest extent practicable, a person’s cultural and linguistic environment, and set of values (including religious beliefs) must be maintained

(h) Provision of treatment

•treatment provided under this Act must be administered to a person who has a mental illness only if it is appropriate to promote and maintain the person’s mental health and wellbeing

(i) Confidentiality

•a person’s right to confidentiality of information about the person must be recognised and taken into account.

Note—

See chapter 14 (Enforcement, evidence and legal proceedings), part 5 (Confidentiality).

(2)The principles stated in the Forensic Disability Act, section 7 apply to the administration of this Act in relation to persons with an intellectual disability as if—

(a)a reference in that section to the Forensic Disability Act were a reference to this Act; and

(b)a reference in that section to care and support were a reference to care.

s 8 amd 2011 No. 13 s 212

9Principles for exercising powers and performing functions

A power or function under this Act relating to a person who has a mental illness or intellectual disability must be exercised or performed so that—

(a)the person’s liberty and rights are adversely affected only if there is no less restrictive way to protect the person’s health and safety or to protect others; and

(b)any adverse effect on the person’s liberty and rights is the minimum necessary in the circumstances.

s 9 amd 2011 No. 13 s 213

10Definitions

The dictionary in the schedule defines particular words used in this Act.

s 10 amd 2011 No. 13 s 270 sch 2 pt 2

11Notes in text

A note in the text of this Act is part of the Act.

12What is mental illness

(1) Mental illness is a condition characterised by a clinically significant disturbance of thought, mood, perception or memory.

(2)However, a person must not be considered to have a mental illness merely because of any 1 or more of the following—

(a)the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion;

(b)the person is a member of a particular racial group;

(c)the person has a particular economic or social status;

(d)the person has a particular sexual preference or sexual orientation;

(e)the person engages in sexual promiscuity;

(f)the person engages in immoral or indecent conduct;

(g)the person takes drugs or alcohol;

(h)the person has an intellectual disability;

(i)the person engages in antisocial behaviour or illegal behaviour;

(j)the person is or has been involved in family conflict;

(k)the person has previously been treated for mental illness or been subject to involuntary assessment or treatment.

(3) Subsection (2) does not prevent a person mentioned in the subsection having a mental illness.

Examples for subsection (3)—

1A person may have a mental illness caused by taking drugs or alcohol.

2A person may have a mental illness as well as an intellectual disability.

(4)On an assessment, a decision that a person has a mental illness must be made in accordance with internationally accepted medical standards.

Note—

See United Nations Principles for the protection of persons with mental illness and for the improvement of mental health care, principle 4, paragraph 1.

13What are the assessment criteria

(1)The assessment criteria for a person, are all of the following, based on available information—

(a)the person appears to have a mental illness;

(b)the person requires immediate assessment;

(c)the assessment can properly be made at an authorised mental health service;

(d)there is a risk that the person may—

(i)cause harm to himself or herself or someone else; or

(ii)suffer serious mental or physical deterioration;

(e)there is no less restrictive way of ensuring the person is assessed.

(2)Also, for chapter 2, the assessment criteria for a person include—

(a)lacking the capacity to consent to be assessed; or

(b)having unreasonably refused to be assessed.

(3)Despite the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 , the person’s own consent only is relevant for subsection (2).

Example for subsection (3)—

If a guardian has been appointed under the Guardianship and Administration Act 2000 for a person, the guardian’s consent to the person’s assessment is not effective.

14What are the treatment criteria

(1)The treatment criteria for a person, are all of the following—

(a)the person has a mental illness;

(b)the person’s illness requires immediate treatment;

(c)the proposed treatment is available at an authorised mental health service;

(d)because of the person’s illness—

(i)there is an imminent risk that the person may cause harm to himself or herself or someone else; or

(ii)the person is likely to suffer serious mental or physical deterioration;

(e)there is no less restrictive way of ensuring the person receives appropriate treatment for the illness;

(f)the person—

(i)lacks the capacity to consent to be treated for the illness; or

(ii)has unreasonably refused proposed treatment for the illness.

(2)Despite the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 , the person’s own consent only is relevant for subsection (1) (f).

15Definition of authorised mental health service for ch 2

In this chapter—

authorised mental health service means—

(a)an authorised mental health service, other than a high security unit; or

(b)a public hospital if there is no authorised mental health service readily accessible for a person’s examination or assessment.

Example of application of paragraph (b)—

If there is no authorised mental health service in a remote or rural area of the State, the person may be assessed at a public hospital in the area.

16Assessment documents

For this chapter, the documents required to authorise a person’s assessment at an authorised mental health service (assessment documents) are—

(a)a request, that complies with this part, for the person’s assessment at an authorised mental health service (a request for assessment); and

(b)a recommendation, that complies with this part, for the person’s assessment (a recommendation for assessment).

Note—

In some cases, before assessment documents can be made for a person, it may be necessary to obtain a justices or emergency examination order for the person under part 3, division 2 or 3.

17Who may make request for assessment

A request for assessment for a person must be made by someone who—

(a)is an adult; and

(b)reasonably believes the person has a mental illness of a nature, or to an extent, that involuntary assessment is necessary; and

(c)has observed the person within 3 days before making the request.

18Making request for assessment

A request for assessment must be in the approved form.

19Who may make recommendation for assessment

(1)A recommendation for assessment for a person may only be made by a doctor or authorised mental health practitioner who has examined the person within the preceding 3 days.

(2)However, a doctor or authorised mental health practitioner must not make a recommendation for assessment for a relative of the doctor or practitioner.

(3)An examination mentioned in subsection (1) may be carried out using audiovisual link facilities.

20Making recommendation for assessment

(1)A recommendation for assessment must—

(a)be in the approved form; and

(b)state the facts on which it is based; and

(c)distinguish between the facts known because of personal observation and facts communicated by others.

(2)A doctor or authorised mental health practitioner must not make a recommendation for assessment for a person unless the doctor or practitioner is satisfied the assessment criteria apply to the person.

21How long recommendation for assessment is in force

A recommendation for assessment is in force for 7 days after it is made.

22When request for assessment may be made and when it is in force

(1)A request for assessment for a person may only be made within 7 days before or after a recommendation for assessment for the person is made.

(2)A request for assessment for a person, whether made before or after the recommendation for assessment for the person, is in force only while the recommendation for assessment for the person is in force.

23Assessment documents must be made by different persons

A request and recommendation for assessment must be made by different persons.

24Person making request must not be relative of practitioner making recommendation

The person making a request for assessment for a person must not be an employee or relative of the doctor or authorised mental health practitioner making the recommendation for assessment for the person.

25Taking person to authorised mental health service

(1)A health practitioner or ambulance officer may take a person for whom assessment documents are in force to an authorised mental health service for assessment.

Note—

For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(2)For subsection (1), the health practitioner or ambulance officer—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(3)If asked by a health practitioner or ambulance officer, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.

(4)For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3).

(5)In exercising the power under subsection (1), the health practitioner or ambulance officer must, to the extent that it is reasonable and practicable in the circumstances—

(a)tell the person that assessment documents are in force for the person; and

(b)explain to the person, in general terms, the nature and effect of the assessment documents.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

(6)Failure to comply with subsection (5) does not affect the validity of the exercise of the power.

s 25 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2011 No. 13 s 270 sch 2 pt 2

26Administration of medication while being taken to authorised mental health service

(1)Despite the absence or refusal of the person’s consent, medication may be administered to the person while being taken to the authorised mental health service.

(2)However, the medication—

(a)may be administered to the person only if a doctor is satisfied it is necessary to ensure the safety of the person or others while being taken to the health service; and

(b)must be administered by a doctor or a registered nurse under the instruction of a doctor.

(3)The doctor or nurse may administer the medication with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(4)For subsection (2) (b), the doctor’s instruction must include the medication’s name, the dose and route and frequency of administration.

(5)A doctor or nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (4).

(6)This section applies despite the Guardianship and Administration Act 2000 , chapter 5, part 2, division 1.

s 26 amd 2011 No. 13 s 270 sch 2 pt 2

27Application for order

(1)A person may apply to a magistrate or justice of the peace for an order under this division (a justices examination order) for another person.

(2)The application for the order must—

(a)be made by—

(i)if made to a magistrate—filing an application in the approved form with the registrar of a Magistrates Court; or

(ii)if made to a justice of the peace—giving an application in the approved form to the justice; and

(b)be sworn and state the grounds on which it is made.

(3)The application may be made even if the applicant has not made a request for assessment for the person.

Note—

A request for assessment for the person may be made by the applicant or someone else.For the person to be taken to an authorised mental health service for assessment, assessment documents must be in force for the person, see section 25 (1).

s 27 amd 2001 No. 78 s 102 sch 2

28Making of order

(1)A magistrate or justice of the peace may make a justices examination order relating to a person only if the magistrate or justice reasonably believes—

(a)the person has a mental illness; and

(b)the person should be examined by a doctor or authorised mental health practitioner to decide whether a recommendation for assessment for the person be made; and

(c)the examination can not be properly carried out unless the order is made.

(2)The order must be in the approved form.

s 28 amd 2001 No. 78 s 102 sch 2

29Procedures after making order

(1)If a justices examination order is made by a magistrate, the registrar of the Magistrates Court with whom the application for the order is filed must send the order and a copy of the application documents to the administrator of an authorised mental health service.

(2)If a justices examination order is made by a justice of the peace, the justice must—

(a)send the order and a copy of the application documents to the administrator of an authorised mental health service; and

(b)send a copy of the order to the registrar of the Magistrates Court stated in the order.

(3)If the registrar or justice sends the documents to an authorised mental health service by facsimile, the registrar or justice must send the original of the order and a copy of the application documents to the health service.

s 29 amd 2001 No. 78 s 102 sch 2

30Effect of order

(1)The justices examination order authorises a doctor or authorised mental health practitioner to examine the person to decide whether a recommendation for assessment for the person should be made.

Note—

If a recommendation for assessment for the person is made, the person may only be taken to an authorised mental health service for assessment if a request for assessment for the person is also made, see section 25 (1).

(2)For subsection (1), the doctor or practitioner may enter a place stated in the order or another place the doctor or practitioner reasonably believes the person may be found.

(3)The doctor or practitioner may exercise a power under this section with the help that is reasonable in the circumstances.

(4)For subsections (1) and (2)—

(a)the doctor or practitioner is a public official for the Police Powers and Responsibilities Act 2000 ; and

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(b)a police officer may detain the person at the place for the examination to be carried out by a doctor or authorised mental health practitioner.

Note—

For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 (General power to enter to arrest or detain someone or enforce warrant).

(5)If asked by the doctor or practitioner, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.

(6)For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3).

(7)In exercising a power under this section, the doctor or practitioner must, to the extent that it is reasonable and practicable in the circumstances—

(a)explain to the person, in general terms, the nature and effect of the order; and

(b)produce the order to the person for inspection.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

(8)Production by the doctor or practitioner of a facsimile copy of the order is sufficient compliance with subsection (7) (b).

(9)Failure to comply with subsection (7) does not affect the validity of the exercise of the power.

(10)A power under this section may be exercised at any reasonable time of the day or night.

s 30 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86)

31Duration of order

(1)The justices examination order must state the time when it is to end.

(2)The stated time must be not more than 7 days after the order is made.

(3)The order ends at the stated time.

32Notifications to director

(1)If a recommendation for assessment for the person is not made after the person’s examination under the justices examination order, the examining doctor or authorised mental health practitioner must give to the director—

(a)notice in the approved form; and

(b)a copy of the order and a copy of the application documents.

(2)If, an examination of the person is not carried out under the justices examination order before it ends, the administrator of the authorised mental health service to whom the order was sent must give to the director—

(a)notice in the approved form; and

(b)a copy of the order and a copy of the application documents.

33Application of sdiv 1

This subdivision applies if a police officer or an ambulance officer reasonably believes—

(a)a person has a mental illness; and

(b)because of the person’s illness there is an imminent risk of significant physical harm being sustained by the person or someone else; and

(c)proceeding under division 2 would cause dangerous delay and significantly increase the risk of harm to the person or someone else; and

(d)the person should be taken to an authorised mental health service for examination to decide whether a request and recommendation for assessment should be made for the person.

34Taking person to authorised mental health service

The police officer or ambulance officer must take the person to an authorised mental health service for examination to decide whether assessment documents for the person should be made.

35Making of emergency examination order

(1)Immediately after taking the person to the authorised mental health service, the police officer or ambulance officer must make an order under this subdivision (an emergency examination order (police or ambulance officer)) for the person.

(2)The order must—

(a)be in the approved form; and

(b)state the time when it is made.

(3)Immediately after making the order, the police officer or ambulance officer must give the order to a health service employee at the health service.

(4)The person may be detained in the health service while the order is being made.

36Detention and examination

(1)On the making of the order, the person may be detained for not longer than 6 hours (the examination time) in the authorised mental health service for examination by a doctor or authorised mental health practitioner.

(2)In carrying out the examination, the doctor or practitioner must, to the extent that it is reasonable and practicable in the circumstances explain to the person, in general terms, the application of this subdivision to the person.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

37Application of sdiv 2

This subdivision applies if a psychiatrist is satisfied—

(a)a person has a mental illness; and

(b)because of the person’s illness there is an imminent risk of significant physical harm being sustained by the person or someone else; and

(c)proceeding under division 2 would cause dangerous delay and significantly increase the risk of harm to the person or someone else; and

(d)the person should be taken to an authorised mental health service for examination to decide whether a request and recommendation for assessment should be made for the person.

38Making of emergency examination order

(1)The psychiatrist may make an order under this subdivision (an emergency examination order (psychiatrist)) for the person.

(2)The order must be in the approved form.

39Taking of person to authorised mental health service for examination

The psychiatrist, or a police officer or ambulance officer may take the person to an authorised mental health service for examination to decide whether assessment documents for the person should be made.

Note—

For a police officer’s power to enter a place to prevent an offence, injury or domestic violence, see the Police Powers and Responsibilities Act 2000 , section 609 (Entry of place to prevent offence, injury or domestic violence).

40Detention and examination

(1)On production of the examination order for the person to a health service employee at the authorised mental health service, the person may be detained for not longer than 6 hours (the examination time) in the health service for examination by a doctor or authorised mental health practitioner.

(2)The examination time starts when the order is produced to the health service employee.

(3)For subsection (2), the health service employee must write on the order the time of its production.

(4)In carrying out the examination, the doctor or practitioner must, to the extent that it is reasonable and practicable in the circumstances explain to the person, in general terms, the application of this subdivision to the person.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

41Procedure if assessment documents not made

If assessment documents are not made for a person the subject of an emergency examination order at the end of the examination time for the person, the administrator of the authorised mental health service to which the person was taken for examination must, as soon as practicable—

(a)make arrangements for the person’s return to the place from which the person was taken for the examination or for the person to be taken to another place the person reasonably asks to be taken; and

(b)give to the director—

(i)notice in the approved form; and

(ii)a copy of the order.

42Application of pt 4

This part applies to a person for whom assessment documents are in force.

43Purpose of pt 4

The purpose of this part is to provide for the person’s detention for assessment in an authorised mental health service.

44Detention for assessment

(1)The person may be detained in an authorised mental health service for assessment for the assessment period.

Note—

The assessment period is initially not longer than 24 hours or, if that period is extended or further extended under section 47, the extended period, see the schedule (Dictionary), definition assessment period.

(2)The assessment period starts—

(a)if the person is not a patient in the health service—when the person is received at the health service for the assessment and the assessment documents are produced to a health service employee at the health service; or

(b)if the person is a patient in the health service—when assessment documents for the person—

(i)are produced to a health practitioner at the health service; or

(ii)are made by health practitioners at the health service.

(3)For subsection (2), the health service employee or health practitioner must write on the assessment documents the time when the assessment period starts.

(4)On the production or making of the assessment documents for the person under subsection (2), the person becomes an involuntary patient.

s 44 amd 2011 No. 13 s 270 sch 2 pt 2

45Patient and other persons to be told about assessment

On becoming an involuntary patient, the administrator for the authorised mental health service must ensure the following persons are told about the patient’s assessment under this division—

(a)the patient;

(b)the patient’s allied person;

(c)if the patient is a minor—a parent of the minor or the minor’s guardian;

(d)if the administrator reasonably believes the patient has a personal attorney—the attorney;

(e)if the administrator reasonably believes the patient has a personal guardian—the guardian.

46Initial assessment

(1)As soon as practicable after the person becomes an involuntary patient, an authorised doctor for the authorised mental health service must make an assessment of the patient to decide whether the treatment criteria apply to the patient.

Note—

If, on the assessment, the authorised doctor is satisfied the treatment criteria apply to the person, the doctor may make an involuntary treatment order for the patient, see section 108.

(2)The assessment may be carried out using audiovisual link facilities.

47Extension of assessment period

(1)An authorised doctor for the authorised mental health service may, from time to time, by written declaration, extend the assessment period for the patient for a further period of not longer than 24 hours.

(2)However, the patient must not be detained for assessment for more than 72 hours.

(3)The doctor may make a declaration under subsection (1) only if the doctor is satisfied the further period is necessary to carry out or finish the assessment.

48When patient ceases to be involuntary patient

(1)If an authorised doctor for the authorised mental health service has not made an involuntary treatment order for the patient at the end of the assessment period for the patient—

(a)the patient ceases to be an involuntary patient; and

(b)the doctor must tell the patient that the patient is no longer an involuntary patient.

(2)However, the person may continue to be a patient of the authorised mental health service other than as an involuntary patient.

(3) Subsection (4) applies if the person—

(a)was taken to the health service for—

(i)assessment under part 3, division 1; or

(ii)examination under part 3, division 3, and assessment documents were made for the person before the end of the examination time for the person; and

(b)is not an in-patient of the health service.

(4)The administrator of the health service must, as soon as practicable, make arrangements for the person’s return to the place from which the person was taken for the assessment or examination or for the person to be taken to another place the person reasonably asks to be taken.

49Assessment documents

For this chapter, the documents required to authorise a person’s detention in an authorised mental health service for assessment (assessment documents) are—

(a)a recommendation, that complies with division 2, for the person’s assessment (a recommendation for assessment); and

(b)an agreement, that complies with division 3, for the person’s assessment (an agreement for assessment); and

(c)for assessment of a person to whom—

(i)part 2 applies—a court assessment order for the person; or

(ii)part 3 applies—a custodian’s assessment authority for the person.

50Who may make recommendation for assessment

(1)A recommendation for assessment for a person may only be made by a doctor or an authorised mental health practitioner who has examined the person within the preceding 3 days.

(2)However, a doctor or authorised mental health practitioner must not make a recommendation for assessment for a relative of the doctor or health practitioner.

(3)An examination mentioned in subsection (1) may be carried out using audiovisual link facilities.

51Making recommendation for assessment

(1)A recommendation for assessment must—

(a)be in the approved form; and

(b)state the facts on which it is based; and

(c)distinguish between the facts known because of personal observation and facts communicated by others.

(2)A doctor or authorised mental health practitioner must not make a recommendation for assessment for a person unless the doctor or practitioner is satisfied the assessment criteria apply to the person.

52How long recommendation for assessment is in force

A recommendation for assessment is in force for 7 days after it is made.

53Who may give agreement for assessment

(1)An agreement for assessment for a person’s assessment at an authorised mental health service may be given by the administrator of the health service or, if the health service is a public sector mental health service, the director.

(2)However, the administrator of a high security unit must not give an agreement for assessment for either of the following persons without the director’s approval—

(a)a young person;

Note—

For reviews of the detention of a young patient in high security unit, see chapter 6 (Tribunal reviews and treatment applications), part 2 (Reviews by tribunal for young patients detained in high security units).

(b)a person charged only with a simple offence.

(3)The director must not give the approval unless the director is satisfied it is in the person’s best interests to do so having regard to the following—

(a)the person’s mental state and psychiatric history;

(b)the person’s treatment and security requirements;

(c)any offence with which the person is charged or for which the person is serving a sentence of imprisonment or period of detention.

54When agreement for assessment may be given by administrator

(1)The administrator of an authorised mental health service may give an agreement for assessment for a person’s assessment at the health service if the administrator is satisfied the health service has the capacity to carry out the assessment.

(2)For subsection (1), the administrator of an authorised mental health service that is not a high security unit must be satisfied the person’s assessment at the health service does not present an unreasonable risk to the safety of the person or others having regard to—

(a)the person’s criminal and psychiatric history; and

(b)the person’s current treatment and security requirements.

55When agreement for assessment may be given by director

The director may give an agreement for assessment for a person’s assessment at a public sector mental health service only if—

(a)the administrator of the health service has refused to give an agreement under section 54; and

(b)on reviewing the administrator’s decision and considering the circumstances of the particular case, the director is satisfied about the matters mentioned in—

(i) section 54; and

(ii)if the person is a young person or charged only with a simple offence—section 53 (3).

56How long agreement for assessment is in force

An agreement for assessment is in force for 7 days after it is made.

57Application of div 1

This division applies to a person charged with a simple or indictable offence who is before a court.

58Court may make court assessment order for person

(1)The court may make an order under this section (a court assessment order) for the person if—

(a)a recommendation and agreement for assessment that are in force for the person are given to the court; and

(b)the court is satisfied the person should be detained in an authorised mental health service for assessment.

(2)The court assessment order must state the authorised mental health service where the person’s assessment is to be carried out.

(3)On the making of the court assessment order for the person, the court must—

(a)adjourn the proceedings for the offence with which the person is charged; and

(b)remand the person in custody.

s 58 amd 2007 No. 37 s 118

59Court’s powers if court assessment order is not made for person

If the court is satisfied the person can be assessed other than as an in-patient of an authorised mental health service, the court must—

(a)remand the person in custody or grant the person bail under the Bail Act 1980 , part 2; and

(b)ensure arrangements are made for the person’s assessment.

60Definition for div 2

In this division—

offence does not include an offence against a Commonwealth law.

61Application of div 2

This division applies if—

(a)at the trial of a person charged with an indictable offence, the person pleads guilty and it is alleged or appears the person is mentally ill, or was, or may have been, mentally ill when the alleged offence was committed; or

(b)on the appearance for sentence of a person who has pleaded guilty to a charge of an indictable offence before a court and has been committed by the court for sentence, it is alleged or appears the person is mentally ill, or was, or may have been, mentally ill when the alleged offence was committed.

62Supreme or District Court may order plea of not guilty

(1)The Supreme or District Court before which the person appears may order a plea of not guilty be entered for the person for—

(a)the indictable offence the person is charged with; and

(b)if, under the Criminal Code, section 651, a charge of a summary offence laid against the person is to be heard and decided by the court—the summary offence.

(2)On the making of the order, the court must—

(a)adjourn the trial; and

(b)refer the matter of the person’s mental condition relating to the offence to the Mental Health Court; and

Note—

See chapter 7 (Examinations, references and orders for persons charged with offences), part 6 (Inquiries on references to Mental Health Court).

(c)remand the person in custody or grant the person bail under the Bail Act 1980 .

(3)If the court remands the person in custody, it may also make a court assessment order for the person.

63How reference to Mental Health Court is made

(1)The registrar of the Supreme or District Court must file notice of the reference in the approved form in the Mental Health Court Registry.

(2)The notice must be accompanied by a copy of any medical report produced in the court relating to the person’s mental condition.

64Application of pt 3

(1)This part applies to a person in lawful custody who—

(a)has been charged with an indictable offence and is in custody awaiting the start or continuation of committal or summary proceedings for the offence; or

(b)has been committed for trial or sentence on a charge of an indictable offence and is in custody pending the person’s appearance at a criminal sittings of the Supreme Court, District Court or Childrens Court for the charge; or

(c)has been charged with a simple offence and is in custody awaiting the hearing of the complaint for the offence; or

(d)is serving a sentence of imprisonment or detention for a period under a court order.

(2)To remove any doubt, it is declared that an offence mentioned in subsection (1) includes an offence against a Commonwealth law.

Note—

See the Judiciary Act 1903 (Cwlth) , section 68 (Jurisdiction of State and Territory courts in criminal cases).

(3)This part also applies to a person who is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation.

s 64 amd 2006 No. 46 s 121

65Custodian’s assessment authority

(1)The person’s custodian may authorise the person’s assessment (a custodian’s assessment authority) at an authorised mental health service.

(2)The assessment authority must state the authorised mental health service where the person’s assessment is to be carried out.

66Making of custodian’s assessment authority

(1)The person’s custodian may make a custodian’s assessment authority for the person only if a recommendation and agreement for assessment that are in force for the person are given to the custodian.

(2)The assessment authority for the person must be in the approved form.

67Application of pt 4

This part applies to a person for whom a court assessment order or custodian’s assessment authority is in force.

68Taking person to authorised mental health service

(1)The person must be taken to an in-patient facility of the authorised mental health service stated in the court assessment order or custodian’s assessment authority as soon as practicable after the order or authority is made.

(2)For subsection (1), a police officer, correctional officer or detention centre officer may take the person to the in-patient facility.

(3)A correctional officer or detention centre officer may exercise the power under subsection (2) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

s 68 amd 2011 No. 13 s 270 sch 2 pt 2

69Classified patients

(1)On production of the following assessment documents for the person to a health service employee at the authorised mental health service, the person becomes a classified patient—

(a)the recommendation for assessment for the person;

(b)court assessment order or custodian’s assessment authority.

(2)The classified patient may be detained in the health service.

(3)The patient is a classified patient until the patient ceases to be a classified patient under section 78, 94, 99, 100C, 253 or 287.

Note—

For what happens on a patient ceasing to be a classified patient, see division 5.

s 69 amd 2006 No. 46 s 122

70Giving information about detention

(1)On the person becoming a classified patient, the administrator of the authorised mental health service must—

(a)give written notice to the director of the patient’s detention as a classified patient; and

(b)ensure the following persons are told about the patient’s detention as a classified patient—

(i)the patient;

(ii)the patient’s allied person;

(iii)if the patient is a minor—a parent of the minor or the minor’s guardian;

(iv)if the administrator reasonably believes the patient has a personal attorney—the attorney;

(v)if the administrator reasonably believes the patient has a personal guardian—the guardian; and

(c)give written notice to the tribunal of the patient’s detention as a classified patient if—

(i)the health service is a high security unit and the patient is a young patient; or

(ii)an involuntary treatment order or forensic order is in force for the patient.

(2)For a classified patient who is a person mentioned in section 64 (1) (a), (b) or (c), the director must give written notice to the chief executive for justice of the patient’s detention as a classified patient.

(3)The chief executive for justice must give written notice to the following persons of the patient’s detention as a classified patient—

(a)the registrar of the court before which the patient is to appear for the offence;

(b)the commissioner of the police service or the director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive for young people.

(4)Also, the director may give written notice of the patient’s detention as a classified patient to any person who the director reasonably believes may apply, under section 318C, for a classified patient information order about the patient.

s 70 amd 2001 No. 78 s 103; 2005 No. 10 s 50 sch; 2007 No. 54 s 4

71Initial assessment

(1)Within 3 days after the person becomes a classified patient, an authorised doctor for the authorised mental health service must make an assessment of the patient to decide whether the treatment criteria apply to the patient.

Note—

If, on the assessment, the authorised doctor is satisfied the treatment criteria apply to the person, the doctor may make an involuntary treatment order for the patient, see section 108.

(2)If, on the assessment, the doctor decides the person has a mental illness, the doctor must also decide whether the patient needs to be detained in the health service as a classified patient for treatment for the illness.

(3)The doctor may, under subsection (2), decide the patient needs to be detained in the health service even if the doctor reasonably believes limited community treatment may be authorised for the patient.

Note—

See section 129 (Authorising limited community treatment).

(4) Subsection (2) applies regardless of whether the patient consents to treatment for the illness.

72Treatment plan for patient needing to be detained for treatment as classified patient

If, on the assessment, the authorised doctor decides the patient needs to be detained in the authorised mental health service as a classified patient for treatment for a mental illness, the doctor must—

(a)ensure a treatment plan is prepared for the patient; and

(b)talk to the patient about the patient’s treatment under the treatment plan.

Note—

See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

s 72 amd 2011 No. 13 s 270 sch 2 pt 2

73Regular assessments of patient

(1)The administrator of the authorised mental health service must ensure an authorised psychiatrist for the health service carries out regular assessments of the patient as required under the patient’s treatment plan.

(2)The authorised psychiatrist carrying out an assessment of the patient must record details of it in the patient’s clinical file.

(3)In carrying out an assessment, the psychiatrist must decide whether the treatment criteria continue to apply to the patient.

(4)If, on an assessment, the psychiatrist decides the person has a mental illness, the psychiatrist must also decide whether the patient needs to continue to be detained in the health service as a classified patient for treatment for the illness.

(5)The psychiatrist may, under subsection (4), decide the patient needs to continue to be detained in the health service even if limited community treatment has been authorised for the patient or the psychiatrist reasonably believes limited community treatment may be authorised for the patient.

Note—

See section 129 (Authorising limited community treatment).

(6) Subsection (4) applies regardless of whether the patient consents to treatment for the illness.

s 73 amd 2011 No. 13 s 270 sch 2 pt 2

74Authorised doctor to report to director if patient does not need to be detained for treatment

(1)This section applies if, on an initial or regular assessment of a patient, an authorised doctor decides the patient does not need to continue to be detained in the authorised mental health service as a classified patient for treatment for the illness.

(2)The doctor must give the director a report stating the decision and the reasons for the decision.

75Suspension of particular proceedings

On the person becoming a classified patient, proceedings for any offence, other than an offence against a Commonwealth law, against the person are suspended until the person ceases to be a classified patient.

76What happens for proceedings for Commonwealth offences

(1)If, in a proceeding against a classified patient for an offence against a Commonwealth law, the court remands the patient in custody for the offence, the place of custody is to be the patient’s treating health service.

Note—

A person has ceased to be a classified patient when, under part 5, the patient is returned to court or custody for the proceedings to continue.

(2)To remove any doubt, it is declared that the patient continues to be a classified patient until the patient ceases, under section 78 (1) or part 5, to be a classified patient.

77Bail, remand and discontinuance of proceedings etc.

This part does not prevent—

(a)a court making an order granting a classified patient bail under the Bail Act 1980 ; or

(b)a court remanding a classified patient in custody in relation to proceedings for an offence; or

(c)a court adjourning proceedings for an offence until a stated date; or

(d)the prosecution of a classified patient for an offence being discontinued at any time by the complainant or director of public prosecutions.

s 77 amd 2007 No. 37 s 119

78When patient ceases to be classified patient

(1)A patient ceases to be a classified patient if—

(a)for an offence against any law—

(i)a court makes an order granting the patient bail under the Bail Act 1980 ; or

(ii)the prosecution of the patient for the offence is discontinued, other than under the decision of the director of public prosecutions under section 247 (1) (b); or

Note—

Also, see section 253 (When patient ceases to be classified patient).

(b)for an offence against a Commonwealth law—proceedings for the offence are finally decided according to law and the patient is not awaiting the start or continuation of proceedings for another offence.

(2)However, subsection (1) does not apply if the patient—

(a)is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3); or

(b)is serving a sentence of imprisonment or period of detention under a court order.

(3)Also, the patient may continue to be an involuntary patient under another provision of this Act.

s 78 amd 2006 No. 46 s 123; 2007 No. 54 s 3 sch

79Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 78, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)the director;

(d)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

80Application of div 5

This division applies if, under section 78, 99, 253 or 287, a patient ceases to be a classified patient.

81Release or other arrangements for admission for patients who cease to be involuntary patients

(1)This section applies if, on the ceasing to be a classified patient, the person is not an involuntary patient.

(2)The administrator of the health service must immediately—

(a)release the person; or

(b)make arrangements for the person’s admission to an authorised mental health service that is not a high security unit.

82Continued detention of particular involuntary patients

(1)This section applies if, on the ceasing to be a classified patient, the patient—

(a)is an involuntary patient under an involuntary treatment order; and

(b)is detained in a high security unit.

(2)The patient may continue to be detained in the high security unit for not longer than 3 days.

(3)However, the director may approve the continued detention of the patient in the high security unit.

(4)The director may give an approval under subsection (3) only if the director is satisfied it is in the patient’s best interests to do so having regard to the following—

(a)the patient’s mental state and psychiatric history;

(b)the patient’s treatment and security requirements.

83Application of pt 5

(1)This part applies if, on receiving a report under section 74 or at any other time, the director is satisfied a classified patient does not need to be detained in an authorised mental health service for treatment for a mental illness.

Note—

If the director is satisfied the patient still needs to be detained in the health service, the director may approve that an authorised doctor for the health service authorise limited community treatment for the patient, see section 129.

(2)Also, this part applies if, after the end of the period for an initial assessment under section 71 (1)—

(a)an involuntary treatment order is not made for the patient; and

(b)the patient asks that he or she no longer be detained in the health service.

(3)However, subsection (2) does not apply if the patient is a forensic patient.

84Notice of application of pt 5

If this part applies to the patient under section 83 (2), the administrator of the authorised mental health service must give written notice of the application of this part to the director.

85Application of div 2

This division applies if—

(a)the director receives a notice for the patient under section 84 or is satisfied this part applies to the patient under section 83 (1); and

(b)a court assessment order is in force for the patient.

86Notices about patient not to be detained as classified patient

(1)The director must immediately give written notice to the chief executive for justice stating this division applies to the patient.

(2)The chief executive for justice must immediately give written notice to the following persons of the application of this division to the patient—

(a)the registrar of the court in which proceedings for the offence that led to the patient becoming a classified patient are to be heard;

(b)the commissioner of the police service or director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive for young people.

s 86 amd 2005 No. 10 s 50 sch

87Taking patient before court

(1)As soon as practicable after receiving the notice under section 86 (2), but in any case within 3 days, the commissioner of the police service or director of public prosecutions must ensure the patient is brought before the appropriate court to be dealt with according to law.

(2)A police officer may take the patient from the authorised mental health service to appear before the court.

Note—

For use of force by police officers, see the Police Powers and Responsibilities Act 2000 , section 615 (Power to use force against individuals).

88Application of div 3

This division applies if—

(a)the director receives a notice for the patient under section 84 or is satisfied this part applies to the patient under section 83 (1); and

(b)a custodian’s assessment authority is in force for the patient.

89Director to decide whether particular patients should be returned to court

(1)This section applies if the patient is awaiting the start or continuation of proceedings for the offence that led to the patient becoming a classified patient.

(2)The director must decide whether the patient should—

(a)under section 90, be returned to custody; or

(b)under section 91, be brought before the appropriate court to be dealt with according to law.

(3)The director must not make a decision under subsection (2) (b) unless the director is satisfied it is in the patient’s best interests and it is proper and expedient to do so.

90When custodian is to take custody of patient

(1)This section applies to a patient—

(a)who—

(i)is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3); or

(ii)is serving a sentence of imprisonment or period of detention under a court order; or

(b)for whom the director has made a decision under section 89 (2) (a).

(2)The director must immediately give written notice to the custodian who made the custodian’s assessment authority for the patient that this section applies to the patient.

(3)Within 1 day after receiving the director’s notice, the custodian must cause a proper officer to take the patient from the authorised mental health service into the custodian’s custody.

(4)The proper officer may take the patient from the authorised mental health service into the custodian’s custody.

(5)A proper officer, other than a police officer, may exercise the power under subsection (4) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(6)In this section—

proper officer means—

(a)a police officer; or

(b)a correctional officer; or

(c)a detention centre officer; or

(d)another person acting for the State or the Commonwealth who is prescribed under a regulation.

s 90 amd 2006 No. 46 s 124; 2011 No. 13 s 270 sch 2 pt 2

90AGiving information about return of patient to custody

(1)This section applies to a patient for whom the director has made a decision under section 89 (2) (a).

(2)The director must immediately give written notice to the chief executive for justice that this section applies to the patient.

(3)The chief executive for justice must immediately give written notice to the following persons of the application of this section to the patient—

(a)the registrar of the court before which the patient is to appear for the offence;

(b)the commissioner of the police service or the director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive of the department in which the Youth Justice Act 1992 is administered.

s 90A ins 2005 No. 10 s 9

amd 2009 No. 34 s 45 (1) sch pt 1 amdt 25

91When patient to be brought before court

(1)This section applies to a patient for whom the director has made a decision under section 89 (2) (b).

(2)The director must immediately give written notice to the following persons stating that this section applies to the patient—

(a)the chief executive for justice;

(b)the custodian who made the custodian’s assessment authority for the patient.

(3)The chief executive for justice must immediately give written notice to the following persons of the application of this section to the patient—

(a)the registrar of the court in which proceedings for the offence that led to the patient becoming a classified patient are to be heard;

(b)the commissioner of the police service or director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive for young people.

s 91 amd 2005 No. 10 s 50 sch

92Taking patient before court

(1)As soon as practicable after receiving the notice under section 91 (3), but in any case within 3 days, the commissioner of the police service or director of public prosecutions must ensure the patient is brought before the appropriate court to be dealt with according to law.

(2)A police officer may take the patient from the authorised mental health service to appear before the court.

Note—

For use of force by police officers, see the Police Powers and Responsibilities Act 2000 , section 615 (Power to use force against individuals).

93When administrator’s custody of patient ends

The administrator’s custody of the patient ends when the patient is taken from the authorised mental health service under section 90 or 92.

94When patient ceases to be classified patient

(1)The patient ceases to be a classified patient when the administrator’s custody of the patient ends.

(2)However, the patient may continue to be an involuntary patient under another provision of this Act.

95Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 94, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient’s allied person;

(b)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

96Application of pt 6

This part applies to a person who, while serving a sentence of imprisonment or detention under a court order, becomes a classified patient.

97Chapter does not affect parole

Nothing in this chapter prevents the classified patient from being paroled.

98Administrator to give notice of end of period of imprisonment or detention or on parole

The administrator of the authorised mental health service must, at least 7 days before the end of the patient’s period of imprisonment or detention or on the patient’s parole, give written notice of the ending or parole to the director.

99When patient ceases to be classified patient

(1)At the end of the patient’s period of imprisonment or detention under the court order or on the patient’s parole, the patient ceases to be a classified patient unless—

(a)the patient is awaiting the start or continuation of proceedings for an offence; or

(b)the patient is a person to whom part 6A applies.

(2)However, the patient may continue to be an involuntary patient under another provision of this Act.

s 99 amd 2006 No. 46 s 125

100Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 99, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

pt 6A (ss 100A–100D) ins 2006 No. 46 s 126

100AApplication of pt 6A

This part applies to a person who, while held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3), becomes a classified patient.

pt 6A (ss 100A–100D) ins 2006 No. 46 s 126

100BAdministrator to give notice of end of lawful custody without charge

The administrator of the authorised mental health service must give written notice of the end of the patient’s lawful custody or detention without charge to the director—

(a)as early as possible before the end of the patient’s lawful custody or detention without charge; or

(b)if it is not practicable to comply with paragraph (a), immediately after becoming aware of the end of the patient’s lawful custody or detention without charge.

pt 6A (ss 100A–100D) ins 2006 No. 46 s 126

100CWhen patient ceases to be classified patient

(1)At the end of the patient’s lawful custody or detention without charge, the patient ceases to be a classified patient unless—

(a)the patient is awaiting the start or continuation of proceedings for an offence; or

(b)the patient is a person to whom part 6 applies.

(2)However, the patient may continue to be an involuntary patient under another provision of this Act.

pt 6A (ss 100A–100D) ins 2006 No. 46 s 126

100DNotice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 100C, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

pt 6A (ss 100A–100D) ins 2006 No. 46 s 126

101Court may order person’s detention in authorised mental health service

(1)This section applies if, after the start of the trial of a person charged with an indictable offence, a court—

(a)decides the person should be remanded in custody during an adjournment of the trial; and

(b)because of the person’s mental condition, is satisfied the person should be detained in an authorised mental health service for treatment or care during the adjournment.

(2)The court may order that the person be detained for treatment or care, during the adjournment, in a stated authorised mental health service if there is in force an agreement under this part for the person’s detention.

102Who may give agreement for detention

(1)An agreement for a person’s detention in an authorised mental health service may be given by the administrator of the health service or the director.

(2)However, an agreement must not be given for a young person’s detention in a high security unit.

103When agreement for detention may be given by administrator

(1)The administrator of an authorised mental health service may give an agreement for a person’s detention in the health service if the administrator is satisfied the health service has the capacity to detain the person for treatment or care.

(2)For subsection (1), the administrator of an authorised mental health service that is not a high security unit must be satisfied the person’s detention at the health service does not present an unreasonable risk to the safety of the person or others having regard to—

(a)the person’s criminal and psychiatric history; and

(b)the person’s current treatment and security requirements.

104When agreement for detention may be given by director

The director may give an agreement for a person’s detention in a public sector mental health service only if—

(a)the administrator of the health service has refused to give an agreement under section 103; and

(b)on reviewing the administrator’s decision and considering the circumstances of the particular case, the director is satisfied about the matters mentioned in the section.

105How long agreement for detention is in force

An agreement for detention for a person is in force for 7 days after it is made.

106Taking person to authorised mental health service and return to court

(1)A police officer, correctional officer or detention centre officer may—

(a)take the person to an in-patient facility of the authorised mental health service stated in the court’s order; and

(b)at the end of the adjournment, take the person from the health service to appear before the court.

(2)A correctional officer or detention centre officer may exercise the power under subsection (1) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

s 106 amd 2011 No. 13 s 270 sch 2 pt 2

107Detention in authorised mental health service

The person may be detained under the court’s order in the authorised mental health service stated in the order.

ch hdg sub 2011 No. 13 s 270 sch 2 pt 2

108Making of involuntary treatment order

(1)If, on the assessment of a patient under chapter 2, part 4, or on an initial or regular assessment under chapter 3, part 4, an authorised doctor for an authorised mental health service is satisfied the treatment criteria apply to the patient, the doctor may make an order under this section (an involuntary treatment order) for the patient.

(2)However, a psychiatrist must not make the order if the psychiatrist made the recommendation for assessment under chapter 2 or 3 for the patient.

(3)The order must—

(a)be in the approved form; and

(b)state the following—

(i)the time when it is made;

(ii)the basis on which the doctor is satisfied the treatment criteria apply to the patient, including the facts indicating mental illness observed by the doctor;

(iii)the authorised mental health service responsible for ensuring the person receives treatment.

(4)For an involuntary patient, other than a classified patient, the health service stated in the order must not be a high security unit without the director’s prior agreement.

109Category of order

(1)In making the involuntary treatment order, the authorised doctor must decide the category of the order.

(2)The category of the order must be—

(a)if the patient needs to be treated as an in-patient of an authorised mental health service or the patient is a classified patient—in-patient; or

(b)if paragraph (a) does not apply—community.

Note—

In deciding the category of the order, the doctor must have regard to the general principles for the administration of this Act and the principles for exercising powers and performing functions under this Act, see sections 8 and 9.

110Treatment plan for patient

The authorised doctor must ensure a treatment plan is prepared for the patient.

111Authorised doctor must tell patient about order and treatment plan

The authorised doctor must—

(a)tell the patient—

(i)the order has been made for the patient; and

(ii)the category of the order; and

(iii)the basis on which the doctor is satisfied the treatment criteria apply to the patient; and

(b)talk to the patient about the patient’s treatment under the treatment plan.

Notes—

1See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

2For a doctor’s obligations to give particular information to the patient’s personal attorney or personal guardian, see the Guardianship and Administration Act 2000 , section 76 (Health providers to give information).

s 111 amd 2011 No. 13 s 270 sch 2 pt 2

112Second examination in particular cases

(1)This section applies if the involuntary treatment order for the patient was made—

(a)by an authorised doctor who is not a psychiatrist; or

(b)solely on an assessment carried out using audiovisual link facilities.

(2)Within 72 hours after the order is made, the patient must be examined by an authorised psychiatrist.

(3)The psychiatrist’s examination may be carried out using audiovisual link facilities only if the involuntary treatment order was made on an assessment carried out in person.

(4)If the order was made by a psychiatrist as mentioned in subsection (1) (b), the same psychiatrist may carry out the examination.

(5)If the psychiatrist is not satisfied the treatment criteria apply to the patient, the psychiatrist must revoke the order.

(6)If the psychiatrist is satisfied the treatment criteria apply to the patient, the psychiatrist must confirm the order.

(7)A revocation or confirmation must be endorsed on the order.

(8)If the order is not revoked or confirmed at the end of the 72 hours after it is made—

(a)the patient ceases to be an involuntary patient; and

(b)an authorised doctor must tell the patient that the patient is no longer an involuntary patient.

s 112 amd 2001 No. 78 s 102 sch 2

113Notice of making of involuntary treatment order

(1)Within 7 days after an involuntary treatment order for a patient is made, the administrator of the patient’s treating health service must give written notice of the order to—

(a)the patient; and

(b)the tribunal; and

(c)the patient’s allied person.

(2) Subsection (1) applies to an involuntary treatment order to which section 112 applies only if the order is confirmed under the section.

114Detention under in-patient order

If the category of the involuntary treatment order is in-patient, the patient may be detained in the patient’s treating health service.

115Treatment under treatment plan

The administrator of the treating health service must ensure the patient is treated as required under the patient’s treatment plan.

116Regular assessments of patient

(1)The administrator of the treating health service must ensure an authorised psychiatrist for the health service carries out regular assessments of the patient as required under the patient’s treatment plan.

(2)The authorised psychiatrist carrying out an assessment of the patient must record details of it in the patient’s clinical file.

(3)In carrying out an assessment, the psychiatrist must consider whether the treatment criteria continue to apply to the patient.

s 116 amd 2011 No. 13 s 270 sch 2 pt 2

117Noncompliance with treatment under community category of involuntary treatment order

(1)This section applies if—

(a)the category of the involuntary treatment order for a patient is community; and

(b)in the opinion of an authorised doctor for a patient’s treating health service—

(i)the patient has not complied with the patient’s treatment plan; and

(ii)reasonable steps have been taken to obtain compliance with the treatment plan without success; and

(iii)there is a significant risk of deterioration in the patient’s mental or physical condition because of the noncompliance.

(2)The doctor must—

(a)make a written record of the doctor’s opinion and the reasons for the opinion; and

(b)if practicable, tell the patient about the noncompliance and the consequences of a further noncompliance.

(3)If the patient again fails to comply with the patient’s treatment plan, the administrator of the health service may, by written notice given to the patient, order the patient attend a stated authorised mental health service on a day stated in the notice for treatment (the stated day).

(4)If the patient does not comply with the notice—

(a)a health practitioner may take the patient to the health service for treatment as soon as practicable after the stated day; and

Note—

For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(b)the patient may be detained in the health service until the treatment is provided.

(5)For subsection (4) (a), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(6)As soon as practicable after the person’s treatment, the administrator of the health service must make arrangements for the person’s return to the place from which the person was taken for the treatment or for the person to be taken to another place the person reasonably asks to be taken.

s 117 amd 2011 No. 13 s 270 sch 2 pt 2

118Duration of order

(1)An involuntary treatment order made by a psychiatrist, or an authorised doctor and confirmed by a psychiatrist under section 112 (6), continues in force until it is revoked—

(a)by an authorised doctor for the patient’s treating health service or the director; or

(b)on a review or appeal against a review decision.

(2)However, the order ends if the patient does not receive treatment under the order for 6 months.

(3)If the administrator of the patient’s treating health service is satisfied the order has ended under subsection (2), the administrator must give written notice that the order has ended to—

(a)the patient; and

(b)the patient’s allied person; and

(c)the tribunal; and

(d)if, immediately before the order ended, chapter 7, part 2, applied to the patient—the director.

s 118 amd 2001 No. 78 s 104

119Change of category of order by authorised doctor

(1)An authorised doctor for the patient’s treating health service must change the category of the involuntary treatment order for the patient—

(a)if the doctor is satisfied it is necessary to make the change because of the patient’s treatment needs; or

(b)to give effect to an order of the tribunal.

(2)Also, if the category of the order is community and the patient becomes a classified patient, an authorised doctor for the patient’s treating health service must change the category of the involuntary treatment order for the patient to in-patient.

(3)The doctor must—

(a)make a written record of the change and the reasons for it; and

(b)talk to the patient about the change and the reasons for it.

Notes—

1See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

2For a doctor’s obligations to give particular information to the patient’s personal attorney or personal guardian, see the Guardianship and Administration Act 2000 , section 76 (Health providers to give information).

(4)However, the doctor need not comply with subsection (3) (b) if—

(a)it is not reasonably practicable to do so; or

(b)the doctor reasonably believes that to do so would not be in the interests of the health or safety of the patient or the safety of others.

(5)If the category of an involuntary treatment order is changed from community to in-patient, a health practitioner may take the patient to the authorised mental health service.

Note—

For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(6)For subsection (5), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

s 119 amd 2011 No. 13 s 270 sch 2 pt 2

120Notice of change of involuntary treatment order

(1)If the category of an involuntary treatment order for a patient is changed, the administrator of the authorised mental health service concerned must, within 7 days after the change is made, give written notice of the change to the following persons—

(a)the patient;

(b)the tribunal;

(c)the patient’s allied person.

(2)If the category of an involuntary treatment order for a patient is changed from community to in-patient, the notice to the tribunal must state the reasons for the change.

Note—

For an order that the category of an involuntary treatment order for a patient be changed on a review, see section 191 (Decisions on review).

121Revocation of order by authorised doctor

If an authorised doctor for an involuntary patient’s treating health service is satisfied the treatment criteria no longer apply to the patient, the doctor must revoke the involuntary treatment order for the patient.

122Revocation of order by director

The director may, by written notice given to the administrator of an authorised mental health service, revoke an involuntary treatment order for a patient if the director is satisfied the treatment criteria no longer apply to the patient.

123Notice of revocation of order

Within 7 days after an involuntary treatment order for a patient is revoked by an authorised doctor or the director, the administrator of the patient’s treating health service must give written notice of the revocation to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)the tribunal;

(d)the director if—

(i)the order is revoked by an authorised doctor; and

(ii)the patient is a classified patient or, immediately before the revocation, chapter 7, part 2, applied to the patient.

Note—

For notices that must be given if chapter 7 (Examinations, references and orders for persons charged with offences), part 2 (Procedures for particular involuntary patients charged with offences) no longer applies to the patient, see section 245.

124Preparing treatment plan

(1)A patient’s treatment plan must state—

(a)in general terms, an outline of the proposed treatment or care to be provided in relation to the patient; and

(b)in specific terms, the method by which, the frequency with which, the place where, the duration of and the persons by whom, the treatment or care is to be provided; and

(c)the intervals for the patient’s regular assessment.

Note—

See section 116 (Regular assessments of patient).

(1A)Also, for a forensic patient, the patient’s treatment plan must include a risk management plan for the patient.

(2)Also, for a patient under the community category of an involuntary treatment order, the treatment plan for the patient must—

(a)if the patient is to be treated at a health service other than an authorised mental health service—state the health service; and

(b)if the patient is to be treated by a health practitioner who is not an employee of a public sector mental health service—state the name of the practitioner.

(3)However, the treatment plan may only state a health practitioner under subsection (2) (b) with the practitioner’s agreement.

(4)The treatment plan must take into account the following—

(a)any existing plan of treatment, or advance health directive under the Powers of Attorney Act 1998 , for the patient;

(b)for a patient transferred from the forensic disability service to an authorised mental health service—any individual development plan under the Forensic Disability Act applying to the patient immediately before the transfer.

(5)The treatment plan must be prepared having regard to any relevant policies and practice guidelines about the treatment and care of patients issued by the director under this Act.

s 124 amd 2007 No. 54 s 5; 2011 No. 13 s 214

125Change of treatment plan by, or authorised by, doctor

(1)An authorised doctor for a patient’s treating health service may change the patient’s treatment plan or authorise a health practitioner to change the patient’s treatment plan.

(2)Also, an authorised doctor for a patient’s treating health service must change the patient’s treatment plan to give effect to a decision or order of the tribunal or Mental Health Court.

Note—

See sections 193, 199, 206 and 294.

(3)The doctor or health practitioner must—

(a)make a written record of the change and the reasons for it; and

(b)talk to the patient about the change and the reasons for it.

Note—

See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

s 125 amd 2011 No. 13 s 270 sch 2 pt 2

126Change of treatment plan to give effect to director’s transfer order

If the director orders the transfer of an involuntary patient from one authorised mental health service to another authorised mental health service, the administrator for the health service to which the patient is transferred must ensure the patient’s treatment plan is changed to give effect to the order.

127Other change of treatment plan—classified patients

(1)If the director revokes an approval given under section 129 (2) (b), the administrator for the patient’s treating health service must ensure the patient’s treatment plan is changed to give effect to the revocation.

(2)A health practitioner must talk to the patient about the change and the reasons for it.

Note—

See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

(3)Also, if, on the revocation, the patient is not in the health service, an authorised doctor for the health service must, under section 507, require the patient to return to the health service.

s 127 amd 2011 No. 13 s 270 sch 2 pt 2

128Application of div 2

This division does not apply to—

(a)a patient under an involuntary treatment order if the order’s category is community; or

(b)a patient for whom a court has made an order under section 101 (2) or 337 (6).

s 128 amd 2002 No. 23 s 3 sch

129Authorising limited community treatment

(1)An authorised doctor for a patient’s treating health service may, under the patient’s treatment plan, authorise limited community treatment for the patient.

(2)However, the doctor may authorise limited community treatment for the patient only—

(a)for a forensic patient—with the approval of the tribunal or the Mental Health Court; or

Note—

See sections 203 (Decisions on review) and 289 (Mental Health Court may order, approve or revoke limited community treatment).

(b)for a classified patient—with the director’s written approval; or

(c)for a patient detained in an authorised mental health service under an order of the Mental Health Court under section 273 (1) (b)—if authorised to do so under the order.

Note—

See section 275 (Mental Health Court may approve limited community treatment).

(3)The director must not give an approval under subsection (2) (b) unless the director is satisfied there is not an unacceptable risk of one of the following events happening if the treatment were undertaken in the community—

(a)the patient would not return to the authorised mental health service when required;

(b)the patient would commit an offence while away from the health service;

(c)the patient would endanger the safety or welfare of the patient or others.

(4)Also, in deciding whether to give the approval, the director must have regard to the following—

(a)the patient’s mental state and psychiatric history;

(b)the offence leading to the patient becoming a classified patient;

(c)the patient’s social circumstances;

(d)the patient’s response to treatment and willingness to continue treatment.

(5)An approval under subsection (2) (b) may be given subject to the reasonable conditions the director decides.

(6)The director may withdraw an approval under subsection (2) (b) if—

(a)the director is reasonably satisfied an event mentioned in subsection (3) has happened in relation to the patient; or

(b)the director is satisfied there is an unacceptable risk of an event mentioned in subsection (3) happening in relation to the patient.

(7)In deciding whether to withdraw an approval under subsection (2) (b) on the ground mentioned in subsection (6) (b), the director must have regard to the matters mentioned in subsection (4).

s 129 amd 2001 No. 78 s 105; 2007 No. 54 s 6

130Limited community treatment on order of tribunal or Mental Health Court

If the tribunal or the Mental Health Court orders that a patient have limited community treatment, the administrator of the patient’s treating health service must ensure an authorised doctor for the health service changes the patient’s treatment plan to give effect to the order.

131What treatment plan must state for limited community treatment

(1)If, under a patient’s treatment plan, the patient is authorised to have limited community treatment, the treatment plan must include in specific terms—

(a)the continuous periods of limited community treatment; and

(b)the conditions the doctor considers necessary—

(i)for the clinical management of the patient’s treatment, or the management of the patient’s care, while the patient is undertaking the limited community treatment; and

(ii)to protect the health or safety of the patient or the safety of others; and

(c)any monitoring condition required by the director under section 131A.

(2)A continuous period of limited community treatment for a patient, other than a classified or forensic patient, must not be more than 7 days.

(3)However, an authorised doctor for the health service may, from time to time, extend the period for a further continuous period of not more than 7 days.

Note—

Instead of extending the period for an involuntary patient (other than a classified or forensic patient), the authorised doctor may change the category of the order, see section 119.In deciding whether to extend the period or change the category, the doctor must have regard to the general principles for the administration of this Act and the principles for exercising powers and performing functions under this Act, see sections 8 and 9.

s 131 amd 2011 No. 13 s 215; 2013 No. 7 s 61

131ADirector may require monitoring condition for patient undertaking limited community treatment

(1)This section applies if the director considers that any of the following patients requires monitoring while undertaking limited community treatment—

(a)a classified patient;

(b)a forensic patient;

(c)a patient for whom the Mental Health Court has made an order under section 273 (1) (b).

(2)However, this section does not apply to a young patient.

(3)The director may, by written notice to the administrator of the patient’s treating health service, require that a condition that allows the treating health service to monitor the patient’s location while on limited community treatment (a monitoring condition) be included in the patient’s treatment plan under section 131.

Examples of patients whose treatment plan may include a monitoring condition—

1.a forensic patient who is undertaking limited community treatment for the first time

2.a classified patient who has previously attempted to abscond while on limited community treatment

3.a forensic patient who is transitioning from escorted to unescorted limited community treatment

Examples of monitoring conditions that may be included in a patient’s treatment plan—

1.that the patient telephone a stated person at the patient’s treating health service before moving from one location to another

2.that the patient provide a detailed plan of where they will be, and with whom they will be, while on limited community treatment

3.that the patient wear a device for monitoring the patient’s location while on limited community treatment

s 131A ins 2013 No. 7 s 62

131BConfidentiality of information gained as a result of monitoring conditions

(1)This section applies to information obtained as a result of a monitoring condition included in a patient’s treatment plan under section 131.

(2)To remove any doubt, it is declared that the information is confidential information under the Hospital and Health Boards Act 2011.

(3)However, a designated person under the Hospital and Health Boards Act 2011 , part 7, may disclose the information to—

(a)the Queensland Police Service for the purposes of an investigation or prosecution of an offence; or

(b)the Mental Health Court or the tribunal.

s 131B ins 2013 No. 7 s 62

132Particular patients to be accompanied while undertaking limited community treatment

(1)This section applies to the following patients—

(a)a classified patient serving a sentence of imprisonment or detention;

(b)a patient who is detained in an authorised mental health service under an order of the Mental Health Court under section 273 (1) (b).

(2)While undertaking limited community treatment, the patient must be accompanied by an employee of the health service in which the patient is detained.

pt hdg amd 2011 No. 13 s 270 sch 2 pt 2

133Requirements for informed consent

For this part, a person gives informed consent to treatment of himself or herself only if the requirements of this division have been complied with.

134Capacity to give informed consent

The person must have capacity to give informed consent.

135Consent to be written

Informed consent must be in writing signed by the person.

136Consent to be given freely and voluntarily

(1)Informed consent must be given freely and voluntarily by the person.

(2)Without limiting subsection (1), consent is freely and voluntarily given if it is not obtained—

(a)by force, threat, intimidation, inducement or deception; or

(b)by exercise of authority.

137Explanation to be given

Before a person gives informed consent, a full explanation must be given to the person in a form and language able to be understood by the person about—

(a)the purpose, method, likely duration and expected benefit of the treatment; and

(b)possible pain, discomforts, risks and side effects associated with the treatment; and

(c)alternative methods of treatment available to the person.

138Offence to perform electroconvulsive therapy

A person must not perform electroconvulsive therapy on another person other than under this division.

Maximum penalty—100 penalty units or 1 year’s imprisonment.

139Performance of electroconvulsive therapy with consent or tribunal approval

(1)A doctor may perform electroconvulsive therapy on a person at an authorised mental health service if—

(a)the person has given informed consent to the treatment; or

(b)the tribunal has approved the use of the treatment on the person.

(2)However, a doctor must not, under subsection (1) (b), perform electroconvulsive therapy on a person who is not an involuntary patient if the doctor knows the person objects to the therapy.

(3)In this section—

object, for a person, means—

(a)the person indicates the person does not wish to have electroconvulsive therapy; or

(b)the person previously indicated, in similar circumstances, the person did not then wish to have electroconvulsive therapy and since then the person has not indicated otherwise.

Example—

An indication may be given in an enduring power of attorney or advance health directive or in another way, including, for example, orally or by conduct.

s 139 sub 2001 No. 78 s 106

140Performance of electroconvulsive therapy in emergency

(1)A doctor may perform electroconvulsive therapy on an involuntary patient at an authorised mental health service if—

(a)a certificate under subsection (2) is in force for the patient; and

(b)a treatment application to perform electroconvulsive therapy on the patient is made under subsection (4).

(2)For subsection (1) (a), a psychiatrist and the medical superintendent for the health service must certify in writing that performing electroconvulsive therapy on the patient is necessary to—

(a)save the patient’s life; or

(b)prevent the patient from suffering irreparable harm.

(3)The certificate is in force for 5 days after it is made.

(4)For subsection (1) (b), the treatment application must be made by the psychiatrist who gives the certificate under subsection (2) immediately after giving the certificate.

div hdg (prev ch 4, pt 3, div 5 hdg) renum 2011 No. 13 s 270 sch 2 pt 2

161Psychosurgery

(1)A person must not perform psychosurgery on another person other than under this section.

Maximum penalty—200 penalty units or 2 years imprisonment.

(2)A doctor may perform psychosurgery on a person if—

(a)the person on whom the treatment is performed has given informed consent to the treatment; and

(b)the tribunal has given approval to the treatment.

Note—

For application for approval to perform psychosurgery, see section 233.

162Prohibited treatment

A person must not administer to another person—

(a)insulin induced coma therapy; or

(b)deep sleep therapy.

Maximum penalty—200 penalty units or 2 years imprisonment.

ch hdg ins 2011 No. 13 s 270 sch 2 pt 2

pt hdg (prev ch 4, pt 3, div 3 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162AMeaning of mechanical restraint for pt 1

(1)For this part, mechanical restraint, of a person, is the restraint of the person by the use of a mechanical appliance, approved under section 162B, preventing the free movement of the person’s body or a limb of the person.

(2)However, the use of a surgical or medical appliance for the proper treatment of physical disease or injury is not mechanical restraint.

s 162A (prev s 141) amd 2011 No. 13 ss 216, 270 sch 2 pt 2

renum and reloc 2011 No. 13 s 270 sch 2 pt 2

162BApproval of mechanical appliances

The director must—

(a)approve the mechanical appliances that may be used for mechanical restraint of a person; and

(b)state the approved mechanical appliances in a relevant policy or practice guideline.

Note—

Policies and practice guidelines are issued under section 309A for forensic patients and section 493A for other patients.

s 162B (prev s 141A) ins 2011 No. 13 s 217

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162COffence to use mechanical restraint

A person must not use mechanical restraint on a patient in an authorised mental health service other than under this part.

Maximum penalty—50 penalty units.

s 162C (prev s 142) amd 2011 No. 13 s 270 sch 2 pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162DDoctor may authorise use of mechanical restraint

For treating or caring for an involuntary patient in an authorised mental health service, a doctor may authorise the use of mechanical restraint on the patient only if the doctor is satisfied it is the most clinically appropriate way of preventing injury to the patient or someone else.

s 162D (prev s 143) amd 2011 No. 13 s 270 sch 2 pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162EHow authorisation is given

The doctor must give the authorisation by recording the following details in the patient’s clinical file—

(a)the type of restraint authorised;

(b)the reasons for the restraint;

(c)any restrictions on the circumstances in which restraint may be applied;

(d)the maximum period or periods for which the restraint may be applied;

(e)the intervals at which the patient must be observed while the restraint is applied;

(f)any special measures necessary to ensure the patient’s proper treatment or care while the restraint is applied;

(g)the time (not longer than 3 hours after the authorisation is given) when the authorisation ends.

s 162E (prev s 144) amd 2011 No. 13 ss 218, 270 sch pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162FUse of reasonable force

A doctor or the senior registered nurse on duty may, with the help, and using the minimum force, that is necessary and reasonable in the circumstances, apply the restraint as authorised to the patient.

s 162F (prev s 144A) ins 2011 No. 13 s 219

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162GObligations of senior registered nurse

The senior registered nurse on duty must—

(a)ensure the restraint is applied as authorised by the doctor; and

(b)ensure the patient’s reasonable needs are met, including, for example, being given—

(i)sufficient bedding and clothing; and

(ii)sufficient food and drink; and

(iii)access to toilet facilities; and

(c)record the following details in the patient’s clinical file—

(i)the type of restraint applied;

(ii)if the doctor has stated any restrictions on the application of the restraint—the circumstances in which the restraint was applied;

(iii)the time the restraint was applied;

(iv)the person who applied the restraint;

(v)the time the restraint was removed.

s 162G (prev s 145) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162HRemoval of restraint before authorisation ends

(1)The director may order the removal of restraint from a patient in an authorised mental health service at any time.

(2)If, before the authorisation of the use of the restraint ends—

(a)the senior registered nurse on duty is satisfied the patient can be safely treated or cared for without the restraint; or

(b)the director orders the removal of the restraint under subsection (1);

the senior registered nurse on duty must immediately direct the removal of the restraint.

s 162H (prev s 146) sub 2011 No. 13 s 220

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162IAdministrator must notify director about mechanical restraint

(1)The administrator of an authorised mental health service must give the director written notice about the mechanical restraint of a patient in the health service as soon as practicable after the mechanical restraint is applied to the patient.

(2)The notice must include the information required by the director.

s 162I (prev s 147) amd 2001 No. 78 s 107

sub 2011 No. 13 s 220

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

pt hdg (prev ch 4, pt 3, div 4 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

div hdg (prev ch 4, pt 3, div 4, sdiv 1 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162JMeaning of seclusion for pt 2

(1)For this part, seclusion, of a patient, is the confinement of the patient at any time of the day or night alone in a room or area from which free exit is prevented.

(2)However, the overnight confinement for security purposes of an involuntary patient in a high security unit or an in-patient facility of an authorised mental health service prescribed under a regulation for this subsection is not seclusion.

s 162J (prev s 148) amd 2011 No. 13 s 270 sch 2 pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

div hdg (prev ch 4, pt 3, div 4, sdiv 2 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162KOffence to keep patient in seclusion

A person must not keep a patient in an authorised mental health service in seclusion other than under this part.

Maximum penalty—50 penalty units.

s 162K (prev s 149) amd 2011 No. 13 s 270 sch 2 pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

div hdg (prev ch 4, pt 3, div 4, sdiv 3 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162LWho may authorise seclusion

Seclusion of an involuntary patient in an in-patient facility of an authorised mental health service may be authorised—

(a)at any time, by a doctor; or

(b)in urgent circumstances, by the senior registered nurse on duty.

s 162L (prev 150) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162MWhen seclusion may be authorised

A doctor or the senior registered nurse on duty must not authorise seclusion of an involuntary patient unless the doctor or nurse is reasonably satisfied—

(a)it is necessary to protect the patient or other persons from imminent physical harm; and

(b)there is no less restrictive way of ensuring the safety of the patient or others.

s 162M (prev 151) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162NPatient’s consent not required

It is not necessary to obtain an involuntary patient’s consent to the patient’s seclusion under this part.

s 162N (prev s 152) amd 2011 No. 13 s 270 sch 2 pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

div hdg (prev ch 4, pt 3, div 4, sdiv 4 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162OSeclusion authorised by doctor

(1)A doctor must authorise seclusion of a patient by written order.

(2)The order must state—

(a)the reasons for the seclusion; and

(b)the time the order is made; and

(c)the time (not longer than 3 hours after the order is made) when it ends; and

(d)whether the senior registered nurse on duty is authorised to release the patient from, or return the patient to, seclusion; and

(e)the specific measures necessary to ensure the patient’s proper treatment or care while secluded.

s 162O (prev s 153) amd 2011 No. 13 s 221

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162PObservation of patient

The senior registered nurse on duty must ensure the patient is continuously observed unless the doctor states in the order—

(a)that it is not clinically necessary to continuously observe the patient while secluded; and

(b)the intervals (not longer than 15 minutes) at which the patient must be observed.

s 162P (prev s 154) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162QWhen nurse may authorise end to seclusion

(1)This section applies if, under the doctor’s order, the senior registered nurse on duty is authorised to release the patient from, or return the patient to, seclusion.

(2)The nurse may—

(a)release the patient from seclusion if the nurse is satisfied seclusion of the patient is no longer necessary; and

(b)return the patient to seclusion if—

(i)the doctor’s order is still in force; and

(ii)the nurse is satisfied the criteria stated in section 162M apply in relation to the patient.

(3)Immediately after acting under subsection (2), the nurse must record in the patient’s clinical file—

(a)the time of release from, or return to, seclusion; and

(b)the reasons for the release or return.

s 162Q (prev s 155) amd 2011 No. 13 s 270 sch 2 pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

div hdg (prev ch 4, pt 3, div 4, sdiv 5 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162RSeclusion authorised by senior registered nurse

(1)If the senior registered nurse on duty authorises a patient’s seclusion, the nurse must—

(a)immediately tell a doctor of the seclusion; and

(b)record the following in the patient’s clinical file—

(i)the reasons for the seclusion;

(ii)the time the patient was placed in seclusion;

(iii)the time the nurse told a doctor of the seclusion.

(2)The doctor must ensure the patient is examined as soon as practicable by a doctor.

(3)On the examination of the patient, the examining doctor must—

(a)record in the patient’s clinical file the time of the examination; and

(b)order the patient’s release from seclusion or authorise the patient’s seclusion.

s 162R (prev s 156) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162SObservation of patient

The senior registered nurse on duty must ensure the patient is continuously observed while in seclusion under a nurse’s authorisation.

s 162S (prev s 157) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

div hdg (prev ch 4, pt 3, div 4, sdiv 6 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162TNurse to ensure patient’s needs are met

The senior registered nurse on duty must ensure the patient’s reasonable needs are met, including, for example, being given—

(a)sufficient bedding and clothing; and

(b)sufficient food and drink; and

(c)access to toilet facilities.

s 162T (prev s 158) reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162UUse of reasonable force

A doctor or senior registered nurse on duty who, under this part, authorises a patient’s seclusion may, with the help, and using the minimum force, that is necessary and reasonable in the circumstances, place the patient in seclusion.

s 162U (prev s 159) amd 2011 No. 13 s 270 sch 2 pt 2; 2011 No. 13 s 270 sch 2 pt 2

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162VEnding seclusion on director’s order

(1)The director may order a patient’s release from seclusion in an in-patient facility of an authorised mental health service at any time.

(2)If the director makes an order under subsection (1), a doctor or senior registered nurse on duty must immediately release the patient from seclusion.

s 162V (prev s 159A) ins 2011 No. 13 s 222

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

162WAdministrator must notify director about seclusions

(1)The administrator of an authorised mental health service must give the director notice about the seclusion of a patient in the health service.

(2)The notice must—

(a)be given as soon as practicable after the person is placed in seclusion; and

(b)include the information required by the director.

s 162W (prev s 160) amd 2001 No. 78 s 108

sub 2011 No. 13 s 222

reloc and renum 2011 No. 13 s 270 sch 2 pt 2

163Involuntary patient may be moved within authorised mental health service

(1)For the assessment, treatment or care of an involuntary patient in an authorised mental health service, the administrator of the health service may move the patient from one facility in the health service to another facility in the health service.

(2)For subsection (1), the administrator and anyone lawfully helping the administrator—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(3)If the patient is a classified or forensic patient and the patient is moved from one in-patient facility to another in-patient facility in the health service, the administrator of the health service must give written notice of the move to the director.

s 163 amd 2011 No. 13 s 270 sch 2 pt 2

165Transfer orders—involuntary patients other than classified or forensic patients

(1)This section does not apply to a classified or forensic patient.

(2)An involuntary patient may be transferred from one authorised mental health service to another authorised mental health service on the written order of—

(a)for a patient detained for assessment—the director or a doctor at the health service where the patient is detained; or

(b)for a patient detained under an involuntary treatment order—the director or an authorised doctor for the patient’s treating health service.

(3)Also, an authorised doctor for an involuntary patient’s treating health service must order the patient’s transfer from one authorised mental health service to another authorised mental health service to give effect to the tribunal’s decision under section 191 (2) (c).

(4)However, an involuntary patient must not be transferred to a high security unit without the director’s approval under section 167.

166Transfer orders—other patients

(1)This section applies to the following patients—

(a)a classified or forensic patient;

(b)a patient for whom a court has made an order under section 101 (2), 273 (1) (b) or 337 (6).

(2)The patient may be transferred from one authorised mental health service to another authorised mental health service only on the written order of the director.

(3)Also, the director must order the patient’s transfer from one authorised mental health service to another authorised mental health service to give effect to a decision of the tribunal under section 203 (2) (d).

s 166 amd 2002 No. 23 s 3 sch

167Transfers to high security units

(1)The director must not give an approval for, or order, the transfer of an involuntary patient to a high security unit unless the director is satisfied it is in the patient’s best interests to do so having regard to the following—

(a)the person’s mental state and psychiatric history;

(b)the person’s treatment, care and security requirements;

(c)any offence with which the person has been charged or for which the person is serving a sentence of imprisonment or period of detention.

(2)Immediately after giving the approval for, or ordering, the transfer of a young patient, the director must give written notice of the approval or order to the tribunal.

Note—

For reviews of the detention of a young patient in a high security unit, see chapter 6 (Tribunal reviews and treatment applications), part 2 (Reviews by tribunal for young patients detained in high security units).

s 167 amd 2011 No. 13 s 270 sch 2 pt 2

168Taking involuntary patient to authorised mental health service

(1)Under an order for the transfer of an involuntary patient—

(a)a health practitioner may take the patient to the authorised mental health service to which the patient is transferred; and

Note—

For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(b)the patient may be detained in the health service.

(2)For subsection (1), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

s 168 amd 2011 No. 13 s 270 sch 2 pt 2

169Notice of transfer

(1)Within 7 days after the order for the patient’s transfer is made, written notice of the order must be given to the tribunal—

(a)if the order is made by an authorised doctor at the patient’s treating health service—by the administrator of the health service; or

(b)if the order is made by the director—by the director.

(2) Subsection (1) does not apply if the patient is a patient detained for assessment.

s 169 amd 2001 No. 78 s 109

div hdg ins 2011 No. 13 s 224

sdiv 1 (ss 169A–169C) ins 2011 No. 13 s 224

169ATransfer order

(1)This section applies to a patient who is detained in an authorised mental health service under a forensic order (Mental Health Court—Disability).

(2)The director may, by written order, transfer the patient from the authorised mental health service to the forensic disability service if—

(a)the director is satisfied the transfer is in the patient’s best interests; and

(b)the director (forensic disability) agrees to the transfer.

(3)If the director (forensic disability) does not agree to the transfer, the director (within the meaning of this Act) may apply to the tribunal for an order for the patient’s transfer to the forensic disability service.

(4)Subdivision 2 applies for the application.

(5)The patient must be transferred to the forensic disability service if the tribunal orders the transfer.

(6)However, subsection (5) does not apply if the tribunal’s decision is stayed under section 323.

sdiv 1 (ss 169A–169C) ins 2011 No. 13 s 224

169BDirector to give notice of transfer order to tribunal and others

Within 7 days after making the transfer order, the director must give written notice of the order to each of the following—

(a)the tribunal;

(b)the administrator of the patient’s treating health service;

(c)if any proceeding involving the patient has started but not finished—each entity the director considers has a sufficient interest in the proceeding.

Example—

the Mental Health Court, the director of public prosecutions or other prosecuting agency

sdiv 1 (ss 169A–169C) ins 2011 No. 13 s 224

169CAdministrator to give notice of transfer order to patient and allied person

The administrator of the patient’s treating health service must give notice of the transfer order to—

(a)the patient; and

(b)the patient’s allied person.

sdiv 1 (ss 169A–169C) ins 2011 No. 13 s 224

Note—

See the Forensic Disability Act, sections 129 and 139 for the application of this subdivision for the purpose of that Act.

sdiv 2 (ss 169D–169I) ins 2011 No. 13 s 224

169DApplication for order

(1)An application under section 169A (3) for a transfer order must—

(a)be made in writing; and

(b)be given to the tribunal.

(2)The application may be made at any time.

sdiv 2 (ss 169D–169I) ins 2011 No. 13 s 224

169ENotice of hearing

(1)The tribunal must give written notice of the hearing of the application to the following persons—

(a)the director;

(b)the director (forensic disability);

(c)the administrator of the patient’s treating health service;

(d)the administrator under the Forensic Disability Act;

(e)the patient;

(f)the patient’s allied person;

(g)the Attorney-General.

(2)The notice must—

(a)be in the approved form; and

(b)be given at least 7 days before the hearing; and

(c)state the following information—

(i)the time and place of the hearing;

(ii)the nature of the hearing;

(iii)the right of the parties to the proceeding to be represented at the hearing.

sdiv 2 (ss 169D–169I) ins 2011 No. 13 s 224

169FDeciding application

The application may be decided by the tribunal constituted by the president on written material and submissions, without the applicant or forensic patient attending a hearing of the application.

sdiv 2 (ss 169D–169I) ins 2011 No. 13 s 224

169GDecision on application

(1)In deciding the application, the tribunal must make or refuse to make the transfer order.

(2)However, in deciding an application for a transfer order for a patient, the tribunal must have regard to the following—

(a)whether the patient has an intellectual or cognitive disability within the meaning of the Forensic Disability Act but does not require involuntary treatment for a mental illness under this Act;

(b)whether the patient is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.

(3)Also, the tribunal must not make a transfer order for a patient unless a certificate given to the tribunal under section 169H states that the forensic disability service has the capacity for the patient’s detention and care.

(4)In this section—

benefit means benefit by way of individual development and opportunities for quality of life and participation and inclusion in the community.

sdiv 2 (ss 169D–169I) ins 2011 No. 13 s 224

169HCertificate of forensic disability service availability

(1)This section applies for the purpose of the tribunal deciding an application for a transfer order for a patient.

(2)If asked by the director (forensic disability), the chief executive (forensic disability) must give the director (forensic disability) a certificate stating whether or not the forensic disability service has the capacity for the patient’s detention and care.

(3)The director (forensic disability) may give the certificate to the tribunal.

(4)The tribunal may ask the director (forensic disability) to give the tribunal a certificate of the chief executive (forensic disability) stating whether or not the forensic disability service has the capacity for the patient’s detention and care.

(5)If the tribunal makes a request under subsection (4), the director (forensic disability) must give the certificate to the tribunal within—

(a)7 days after receiving the request; or

(b)any longer period allowed by the tribunal.

sdiv 2 (ss 169D–169I) ins 2011 No. 13 s 224

169INotice of decision

(1)The tribunal must give a copy of its decision to the following persons—

(a)the parties to the proceeding;

(b)the patient’s allied person;

(c)the administrator of the patient’s treating health service.

(2)Also, the tribunal must give the parties a written notice stating—

(a)a party may ask the tribunal for written reasons for the decision; and

(b)a party may, within 60 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(c)how to appeal.

(3)If asked to do so by a party, the tribunal must give the party the reasons for the decision.

(4)If the request is made within 7 days after receiving the notice, the tribunal must comply with the request within 21 days after receiving the request.

(5)Despite subsections (2) to (4), the tribunal must give the Attorney-General and director the reasons for the decision within 21 days after receiving a request from the Attorney-General or director.

sdiv 2 (ss 169D–169I) ins 2011 No. 13 s 224

sdiv 3 (ss 169J–169K) ins 2011 No. 13 s 224

169JTaking patient to forensic disability service

(1)Under a transfer order for a patient, a health practitioner may take the patient to the forensic disability service.

Notes—

1See the definition transfer order in the schedule.

2For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(2)For subsection (1), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

sdiv 3 (ss 169J–169K) ins 2011 No. 13 s 224

169KGiving information about patient for facilitating transfer and care

(1)This section applies for facilitating—

(a)the transfer of a patient from an authorised mental health service to the forensic disability service under a transfer order; and

(b)the care of the patient, as a forensic disability client, in the forensic disability service.

(2)The director may give to the director (forensic disability) or a person nominated by the director (forensic disability) the following information about the patient—

(a)the patient’s personal and medical information;

(b)the circumstances giving rise to any forensic order for the patient, including information contained in any report considered by the Mental Health Court in making the order;

(c)the details of the patient’s current forensic order;

(d)any details necessary to give effect to the current forensic order;

(e)the details of the patient’s treatment plan;

(f)the patient’s response to treatment or care and willingness to continue treatment or care;

(g)the details of any instance of mechanical restraint or seclusion of the patient;

(h)whether the tribunal or Mental Health Court has approved or ordered limited community treatment for the patient, including any conditions of the approval or order;

(i)the details of any limited community treatment undertaken by the patient, and the details of any limited community treatment that has been revoked;

(j)when the tribunal is to conduct a review of the patient’s mental condition;

(k)any previous decisions of the tribunal about the patient;

(l)any previous decisions of the Mental Health Court about the patient;

(m)whether the patient has an allied person under this Act and, if so, the allied person’s contact details;

(n)whether the patient has a guardian or informal decision-maker and, if so, the contact details for the guardian or informal decision-maker;

(o)whether the patient is subject to a forensic information order and, if so, any details necessary to give effect to that order;

(p)any other information obtained or brought into existence under this Act or the Forensic Disability Act relating to the patient’s care.

(3)This section applies despite any duty of confidentiality or right of privacy provided under this or any other Act.

(4)In this section—

informal decision-maker, for a patient, means a member of the patient’s support network, other than a paid carer for the patient within the meaning of the Guardianship and Administration Act 2000 .

information includes a document.

personal information, about a patient, includes—

(a)the patient’s social circumstances, including, for example, the patient’s support network; and

(b)the patient’s relevant behavioural history.

sdiv 3 (ss 169J–169K) ins 2011 No. 13 s 224

sdiv 4 (ss 169L–169M) ins 2011 No. 13 s 224

169LContinuation of existing forensic order

(1)On the admission of a patient to the forensic disability service under a transfer order (other than a transfer order made under section 602), the patient’s existing forensic order—

(a)applies to the patient, as a forensic disability client, as if it were a forensic order (Mental Health Court—Disability) for the patient’s detention in the forensic disability service; and

(b)is to be read, or continued in force, with the changes necessary—

(i)to make it consistent with the Forensic Disability Act; and

(ii)to adapt its operation to that Act.

Note—

Section 605 provides for the continuation of the relevant forensic order for a patient transferred under a transfer order made under section 602.

(2) Subsection (1) does not affect a power of the tribunal or Mental Health Court in relation to the existing forensic order.

(3)Without limiting subsection (2), the tribunal may carry out a review and make a decision about the existing forensic order under chapter 6, part 3.

(4)In this section—

existing forensic order means the forensic order (Mental Health Court—Disability) that, immediately before the patient’s admission to the forensic disability service—

(a)was in force for the patient’s detention in the authorised mental health service; or

(b)under the Forensic Disability Act, section 39, applied to the patient as if it were an order for the patient’s detention in the authorised mental health service.

sdiv 4 (ss 169L–169M) ins 2011 No. 13 s 224

169MContinuation of matters under particular provisions for patient transferred to forensic disability service

(1)This section applies if—

(a)an action is done or something is brought into existence for a matter in relation to a patient in compliance with a provision of this Act that is an applied provision within the meaning of the Forensic Disability Act; and

(b)before the matter ends, the patient is transferred to the forensic disability service under a transfer order, including a transfer order made under section 602.

(2)On the patient’s admission to the forensic disability service under the transfer order—

(a)the previous action or thing is taken to have been done or brought into existence for a matter in relation to the patient, as a forensic disability client, in compliance with the provision mentioned in subsection (1) (a); and

(b)if the previous thing is a document, it is to be read, or continued in force, with the changes necessary—

(i)to make it consistent with the Forensic Disability Act; and

(ii)to adapt its operation to the Forensic Disability Act.

(3)The previous action or thing may be amended, repealed or revoked under this Act.

sdiv 4 (ss 169L–169M) ins 2011 No. 13 s 224

div 2B (s 169N) ins 2011 No. 13 s 224

169NAdministration of medication

(1)This section applies for—

(a)moving a patient from one facility in an authorised mental health service to another facility in the health service under section 163 for assessment, treatment or care; or

(b)transferring a patient from an authorised mental health service to—

(i)another authorised mental health service; or

(ii)the forensic disability service.

(2)Despite the absence or refusal of the patient’s consent, medication may be administered to the patient before or while being moved or transferred.

(3)However, the medication—

(a)may be administered to the patient only if a doctor is satisfied it is necessary to ensure the safety of the patient or others while the patient is being moved or transferred; and

(b)must be administered by a doctor, or registered nurse under the instruction of a doctor.

(4)The doctor or registered nurse may administer the medication with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(5)For subsection (3) (b), the doctor’s instruction must include the medication’s name and the dose, route and frequency of administration.

(6)A doctor or registered nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (5).

(7)This section applies despite the Guardianship and Administration Act 2000 , chapter 5, part 2, division 1.

Note—

Guardianship and Administration Act 2000 , chapter 5, part 2, division 1 (Health care—no consent)

div 2B (s 169N) ins 2011 No. 13 s 224

Note—

See the Forensic Disability Act, sections 130 and 139 for the application of this division for the purpose of that Act.

div 3 note ins 2011 No. 13 s 270 sch 2 pt 2

170Application of div 3

This division applies to an involuntary patient other than—

(a)a classified patient; or

(b)a forensic patient—

(i)for whom a jury has made a section 613 or 645 finding or who the Mental Health Court has decided is unfit for trial; and

Note—

See section 299 (a) (i) and (ii).

(ii)for whom proceedings for the offence to which the finding or decision relates have not been discontinued under chapter 6, part 4 or chapter 7, part 6.

171Application for approval for patient to move out of Queensland

The following persons may apply in writing to the tribunal for an approval that a patient move out of Queensland—

(a)the patient;

(b)a person on behalf of the patient;

(c)the administrator of the patient’s treating health service;

(d)the director.

172Notice of hearing of application

(1)The tribunal must give written notice of the hearing of the application to the following persons—

(a)the parties to the proceeding for the application;

(b)the administrator of the patient’s treating health service;

(c)if the patient is a forensic patient—the director;

(d)the patient’s allied person.

(2)The notice must—

(a)be in the approved form; and

(b)be given—

(i)at least 7 days before the hearing; or

(ii)if the patient agrees to a period of less than 7 days—the lesser period; and

(c)state the following information—

(i)the time and place of the hearing;

(ii)the nature of the hearing;

(iii)the patient’s right to be represented at the hearing.

173Tribunal’s powers on application

(1)In deciding the application, the tribunal must grant or refuse the application.

(2)However, the tribunal may approve that the patient move out of Queensland only if it is satisfied appropriate arrangements exist for the patient’s treatment or care at the place where the patient is to move.

(3)Also, the tribunal may impose the reasonable conditions on the approval the tribunal considers appropriate.

174Notice of decision

(1)The tribunal must give a copy of its decision to the following persons—

(a)the parties to the proceeding for the application;

(b)the patient’s allied person;

(c)the administrator of the patient’s treating health service;

(d)for a forensic patient—the director.

(2)In addition, the tribunal must give the parties a written notice stating—

(a)a party may ask the tribunal for written reasons for its decision; and

(b)a party may, within 60 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(c)how to appeal.

(3)If asked to do so by a party, the tribunal must give the party reasons for the decision.

(4)If the request is made within 7 days after receiving the notice, the tribunal must comply with the request within 21 days after receiving the request.

(5)However, a confidentiality order of the tribunal may displace the requirement to give the reasons for its decision to the patient.

(6)Despite subsections (2) to (4), the tribunal must give written reasons for the decision—

(a)for a forensic patient—to the Attorney-General and director if asked to do so by the Attorney-General or director; or

(b)for another patient—to the director if asked to do so by the director.

(7)The tribunal must give the Attorney-General or director the reasons for the decision within 21 days after receiving the request from the Attorney-General or director.

s 174 amd 2005 No. 10 s 10

175Effect of patient moving on involuntary treatment order

(1)This section applies if the patient is an involuntary patient under an involuntary treatment order.

(2)On the patient moving out of Queensland under the tribunal’s approval, the involuntary treatment order for the patient is in force only if the patient returns to Queensland and while the patient is in Queensland.

176Interstate agreements

(1)The Minister may, for the State, enter into an agreement with another State about the following—

(a)the application of mental health laws of this State or the other State;

(b)the transfer, detention and apprehension of persons in this State and the other State under mental health laws;

(c)administrative and other matters incidental to a matter mentioned in paragraph (a) or (b).

(2)The Minister must, by gazette notice, give notice of the making of the agreement and its terms.

177Involuntary treatment orders for interstate residents

An involuntary treatment order may be made for a person who is detained under this Act even if the person does not live in Queensland.

178Queensland officers may exercise powers etc. under corresponding laws

(1)A person authorised by the Minister for this section or a health practitioner, may exercise a power or perform a function conferred on him or her under a corresponding law.

(2) Subsection (1) has effect subject to the provisions of an interstate agreement about the exercise of a power or performance of a function by the person or health practitioner.

179Interstate officers may exercise powers etc. in this State

A person who is authorised to exercise a power or perform a function for treating a patient under an interstate order may exercise the power or perform the function in this State.

180Admission of persons to interstate mental health services

(1)A person who may be taken to and involuntarily detained in an authorised mental health service under chapter 2 may instead be taken to an interstate mental health service, if permitted under a corresponding law, by—

(a)a person authorised under this Act to take the person to an authorised mental health service; or

(b)a person who, under the corresponding law, is authorised to take the person to an interstate mental health service.

(2)A person exercising a power under subsection (1) may do so with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(3)Despite the absence or refusal of the person’s consent, medication may be administered to the person while being taken to the interstate mental health service.

(4) Section 26 (2) to (6) applies to the administration of the medication.

s 180 amd 2011 No. 13 s 270 sch 2 pt 2

181Transfer of involuntary patients to interstate mental health services

(1)The director or an authorised doctor for an involuntary patient’s treating health service may, by written order, transfer the patient to an interstate mental health service if—

(a)the director or doctor is satisfied the transfer is in the patient’s best interests; and

(b)the transfer is permitted under a corresponding law; and

(c)the interstate authority for the interstate mental health service agrees to the transfer.

(2)The patient may be taken to the interstate mental health service by—

(a)a person authorised under this Act to take the person to an authorised mental health service; or

(b)a person who, under the corresponding law, is authorised to take the person to an interstate mental health service.

(3)A person exercising a power under subsection (2) may do so with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(4)Despite the absence or refusal of the person’s consent, medication may be administered to the person while being taken to the interstate mental health service.

(5) Section 26 (2) to (6) applies to the administration of the medication.

(6)The patient ceases to be an involuntary patient on the patient’s detention in the interstate mental health service.

(7)Within 7 days after the order for the patient’s transfer is made, written notice of the order must be given to the tribunal—

(a)if the order is made by an authorised doctor at the patient’s treating health service—by the administrator of the health service; or

(b)if the order is made by the director—by the director.

s 181 amd 2011 No. 13 s 270 sch 2 pt 2

182Admission of interstate persons to authorised mental health services

(1)A person who may be taken to and detained in an interstate mental health service under a corresponding law may instead be taken to and detained in an authorised mental health service.

(2)The person may be taken to the authorised mental health service by—

(a)a health practitioner; or

(b)a person who, under the corresponding law, is authorised to take the person to an interstate mental health service.

(3)For subsection (2) (a), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(4)If there are documents authorising the admission and detention of the person under the corresponding law, chapter 2, part 4, applies to the person as if the documents were assessment documents made for the person.

(5)If there are no documents authorising the admission and detention of the person under the corresponding law, the person may be detained for a reasonable time to allow the person’s examination to decide whether assessment documents should be made for the person.

s 182 amd 2011 No. 13 s 270 sch 2 pt 2

183Transfer of patients to authorised mental health services

(1)A person who is involuntarily detained in an interstate mental health service under a corresponding law may be transferred to an authorised mental health service if—

(a)the administrator for the authorised mental health service agrees to the transfer; and

(b)the transfer is authorised under the corresponding law.

(2)The person may be taken to the authorised mental health service by—

(a)a health practitioner; or

(b)a person who, under the corresponding law, is authorised to take the person to an interstate mental health service.

(3)For subsection (2) (a), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

(4)Chapter 4 applies to the person as if an involuntary treatment order were made for the person by an authorised doctor who is not a psychiatrist.

(5)For subsection (4), documents authorising the person’s transfer under the corresponding law are taken to be the involuntary treatment order.

s 183 amd 2011 No. 13 s 270 sch 2 pt 2

184Apprehension of persons absent from interstate mental health services

(1)A person who is absent without leave from an interstate mental health service in a participating State and who may be apprehended under a corresponding law in the State may be apprehended in this State by—

(a)a person who is authorised to apprehend the person under the corresponding law; or

(b)a health practitioner or police officer.

(2)For subsection (1), a warrant or other document that, under the corresponding law, authorises the person’s apprehension in the participating State, authorises a police officer to exercise the powers a police officer has under a warrant for apprehension of a patient under chapter 14, part 2.

(3)If the person is apprehended under this section, the person must be taken to an interstate mental health service in the participating State or an authorised mental health service.

(4)A person exercising a power under subsection (1) or (2) may do so with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(5)Despite the absence or refusal of the person’s consent, medication may be administered to the person while being taken to the interstate mental health service or the authorised mental health service.

(6) Section 509 (2) to (6) applies to the administration of the medication.

(7)If the person is taken to an authorised mental health service—

(a)chapter 4 applies to the person as if an involuntary treatment order were made for the person by an authorised doctor who is not a psychiatrist; and

(b)for paragraph (a)—

(i)the warrant or other document authorising the person’s apprehension is taken to be the involuntary treatment order; and

(ii) section 112 (2) applies as if the order were made when the person is received at the authorised mental health service and the document authorising the patient’s apprehension is produced to a health service employee at the authorised mental health service.

s 184 amd 2005 No. 10 s 11; 2011 No. 13 s 270 sch 2 pt 2

185Apprehension of involuntary patients interstate

(1)This section applies to an involuntary patient—

(a)to whom chapter 14, part 1, applies; and

(b)who is apprehended in a participating State.

(2)The patient may be taken to an authorised mental health service by—

(a)a person who, under a corresponding law, is authorised to take the patient to an interstate mental health service; or

(b)a person authorised under this Act to take the person to an authorised mental health service.

(3)A person exercising a power under subsection (2) may do so with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(4)Despite the absence or refusal of the person’s consent, medication may be administered to the person while being taken to the authorised mental health service.

(5) Section 509 (2) to (6) applies to the administration of the medication.

s 185 amd 2011 No. 13 s 270 sch 2 pt 2

186Absence of particular patients with director’s approval

(1)This section applies to—

(a)a classified or forensic patient detained in an authorised mental health service; or

(b)a patient for whom a court has made an order under section 101 (2), 273 (1) (b) or 337 (6).

(2)The director may, by written notice, approve the patient’s absence from the health service—

(a)to receive medical, dental or optical treatment; or

(b)to appear before a court, tribunal or other body; or

(c)for another purpose the director considers to be appropriate on compassionate grounds.

(3)The notice must state the approved period of absence.

(4)The approval may be given on the conditions the director considers appropriate, including, for example, a condition that the patient is to be in the care of a stated person for the period of absence.

s 186 amd 2002 No. 23 s 3 sch

ch hdg amd 2007 No. 54 s 3 sch

187When reviews are conducted

(1)The tribunal must review the application of the treatment criteria to a patient for whom an involuntary treatment order is in force—

(a)within 6 weeks after the order is made and afterwards at intervals of not more than 6 months; and

(b)on application for the review made under section 188.

(2)However, the tribunal may dismiss an application for a review if the tribunal is satisfied the application is frivolous or vexatious.

(3)The tribunal may, on its own initiative, carry out a review of the application of the treatment criteria to the patient.

(4)The tribunal may carry out a review on an application for a review at the same time as another review for the patient but must carry out a review on the application—

(a)if it is made within the 6 week period mentioned in subsection (1) (a)—within 7 days after the application is made; or

(b)if paragraph (a) does not apply—within a reasonable time after it is made.

(5)In deciding whether to carry out reviews for the patient at the same time, the tribunal must have regard to the following—

(a)the period until the next periodic review under subsection (1) (a) is required to be carried out;

(b)whether it is in the patient’s best interests to do so.

(6)The tribunal must conduct a hearing for reviewing the application of the treatment criteria to an involuntary patient under this part.

188Application for review

(1)The application for a review must—

(a)be made in writing by—

(i)the patient; or

(ii)a person on behalf of the patient; or

(iii)the director; and

(b)be given to the tribunal.

(2)The application may be made at any time.

(3)However, for an involuntary treatment order mentioned in section 112 (1), application may be made for a review only after the order is confirmed under section 112.

189Notice of hearing for review

(1)The tribunal must give written notice of the hearing for a review to the following persons—

(a)the patient;

(b)the administrator of the patient’s treating health service;

(c)if the patient is a classified patient—the director;

(d)the patient’s allied person;

(e)if the patient is a minor—a parent of the minor or the minor’s guardian;

(f)if the tribunal reasonably believes the patient has a personal attorney—the attorney;

(g)if the tribunal reasonably believes the patient has a personal guardian—the guardian;

(h)if the review is to be carried out on an application by someone other than the patient—the applicant.

(2)The notice must—

(a)be in the approved form; and

(b)be given—

(i)at least 7 days before the hearing; or

(ii)if the patient agrees to a period of less than 7 days—the lesser period; and

(c)state the following information—

(i)the time and place of the hearing;

(ii)the nature of the hearing;

(iii)the patient’s right to be represented at the hearing.

190Matters to be considered on particular reviews

If the involuntary treatment order for the patient has been in force for more than 6 months, the tribunal must consider whether an examination and report should be obtained from a psychiatrist other than the psychiatrist responsible for the patient’s treatment.

Note—

See section 457 (Tribunal may order examination) which provides that the tribunal may order the person the subject of a proceeding to submit to an examination by a stated psychiatrist, doctor or other health practitioner.

s 190 amd 2005 No. 10 s 50 sch

191Decisions on review

(1)On the review, the tribunal must decide to confirm or revoke the involuntary treatment order for the patient.

(2)If the tribunal confirms the involuntary treatment order for the patient, the tribunal may decide to make 1 or more of the following orders—

(a)an order that the category of the order be changed;

(b)if the category of the order is in-patient—

(i)an order that the patient have limited community treatment subject to the reasonable conditions the tribunal considers appropriate; or

(ii)an order revoking an order or authorisation for limited community treatment for the patient;

(c)an order that the patient be transferred from one authorised mental health service to another authorised mental health service;

(d)an order amending or revoking a monitoring condition included in the patient’s treatment plan under section 131.

(3)However, subsection (2) (a) to (c) does not apply to a classified patient.

(4)In making a decision under subsection (1) or (2), the tribunal must have regard to the following—

(a)the patient’s mental state and psychiatric history;

(b)the patient’s social circumstances;

(c)the patient’s response to treatment and willingness to continue treatment.

s 191 amd 2013 No. 7 s 63

192Notice of decision

(1)The tribunal must give a copy of its decision on the review to the following persons—

(a)the parties to the proceeding for the review;

(b)the patient’s allied person;

(c)the administrator of the patient’s treating health service;

(d)for a classified patient—the director;

(e)if the review was carried out on application of a person not mentioned in paragraphs (a) to (d)—the applicant.

(2)In addition, the tribunal must give the parties a written notice stating—

(a)a party may ask the tribunal for written reasons for its decision; and

(b)a party may, within 60 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(c)how to appeal.

(3)If asked to do so by a party, the tribunal must give the party the reasons for the decision.

(4)If the request is made within 7 days after receiving the notice, the tribunal must comply with the request within 21 days after receiving the request.

(5)However, a confidentiality order of the tribunal may displace the requirement to give the reasons for its decision to the patient.

(6)Despite subsections (2) to (4), the tribunal must give the director the reasons for the decision within 21 days after receiving the director’s request.

s 192 amd 2005 No. 10 s 12

193Decision to be given effect

The administrator of the patient’s treating health service must ensure the tribunal’s decision is given effect.

Note—

Giving effect to the tribunal’s decision may require any 1 or more the following—

(a)changing the category of the involuntary treatment order for the patient, see section 119 (2);

(b)changing the patient’s treatment plan, see section 125 (2);

(c)authorising limited community treatment, see sections 129 and 130;

(d)transferring the patient to another authorised mental health service, see section 165 (3);

(e)requiring the patient to return to an authorised mental health service, see section 507 (1) (c).

s 193 amd 2001 No. 78 s 102 sch 2

194When reviews are conducted

(1)The tribunal must review the detention of a young patient in a high security unit for treatment or care—

(a)within 7 days after the detention starts and afterwards at intervals of not more than 3 months; and

Note—

For director’s approval or order for detention of a young patient in a high security unit, see sections 53 and 167.

(b)on application for the review made under section 195.

(2)However, the tribunal may dismiss an application for a review if the tribunal is satisfied the application is frivolous or vexatious.

(3)The tribunal may, on its own initiative, carry out a review of the detention of a young patient in a high security unit for treatment or care.

(4)The tribunal may carry out a review on an application for a review at the same time as another review for the patient but must carry out a review on the application within a reasonable time after it is made.

(5)In deciding whether to carry out reviews for the patient at the same time, the tribunal must have regard to the following—

(a)the period until the next periodic review under subsection (1) (a) is required to be carried out;

(b)whether it is in the patient’s best interests to do so.

(6)The tribunal must conduct a hearing for reviewing the detention of a young patient under this part.

195Application for review

(1)The application for a review must—

(a)be made in writing by—

(i)the patient; or

(ii)a person on behalf of the patient; and

(b)be given to the tribunal.

(2)The application may be made at any time.

196Notice of hearing for review

(1)The tribunal must give written notice of the hearing for a review to the following persons—

(a)the patient;

(b)the administrator of the patient’s treating health service;

(c)the director;

(d)the patient’s allied person;

(e)a parent of the patient or the patient’s guardian;

(f)if the review is to be carried out on application of a person not mentioned in paragraphs (a) to (e)—the applicant.

(2)The notice must—

(a)be in the approved form; and

(b)be given at least 7 days before the hearing, other than for the first review after the patient’s detention; and

(c)state the following information—

(i)the time and place of the hearing;

(ii)the nature of the hearing;

(iii)the patient’s right to be represented at the hearing.

197Decision on review

(1)On the review, the tribunal must decide that the patient—

(a)continue to be detained in the high security unit; or

(b)be transferred from the high security unit to an authorised mental health service that is not a high security unit.

(2)The tribunal must not make a decision under subsection (1) (a) unless the tribunal is satisfied it is in the patient’s best interests to do so having regard to the following—

(a)the patient’s mental state and psychiatric history;

(b)the patient’s treatment, care and security requirements;

(c)for a classified or forensic patient—the offence leading to the patient becoming a classified or forensic patient.

s 197 amd 2011 No. 13 s 270 sch 2 pt 2

198Notice of decision

(1)The tribunal must give a copy of its decision on the review to the following persons—

(a)the patient;

(b)the administrator of the patient’s treating health service;

(c)the director;

(d)the patient’s allied person;

(e)a parent of the patient or the patient’s guardian;

(f)if the review was carried out on application of a person not mentioned in paragraphs (a) to (e)—the applicant.

(2)In addition, the tribunal must give the patient a written notice stating—

(a)the patient may ask the tribunal for written reasons for its decision; and

(b)the patient may, within 60 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(c)how to appeal.

(3)If asked to do so by the patient, the tribunal must give the patient the reasons for the decision.

(4)If the request is made within 7 days after receiving the notice, the tribunal must comply with the request within 21 days after receiving the request.

(5)However, a confidentiality order of the tribunal may displace the requirement to give the reasons for its decision to the patient.

(6)If asked to do so by the director, the tribunal must give the director written reasons for the decision.

(7)The tribunal must give the director the reasons for the decision within 21 days after receiving the director’s request.

s 198 amd 2005 No. 10 s 13

199Decision to be given effect

The administrator of the patient’s treating health service must ensure the tribunal’s decision is given effect.

Note—

Giving effect to the tribunal’s decision may require either or both of the following—

(a)changing the patient’s treatment plan, see section 125 (2);

(b)transferring the patient to another authorised mental health service, see section 165 (3).

Note—

See the Forensic Disability Act, sections 131 and 139 for the application of this part for the purpose of that Act.

pt 3 note ins 2011 No. 13 s 270 sch 2 pt 2

200When reviews are conducted

(1)The tribunal must review a forensic patient’s mental condition—

(a)within 6 months after the forensic order is made for the patient and afterwards at intervals of not more than 6 months; and

(b)on application for the review made under section 201.

(2)However, the tribunal may dismiss an application for a review if the tribunal is satisfied the application is frivolous or vexatious.

(3)The tribunal may, on its own initiative, review a forensic patient’s mental condition.

(4)The tribunal may carry out a review on an application for a review at the same time as another review for the patient but must carry out a review on the application within a reasonable time after it is made.

(5)In deciding whether to carry out reviews for the patient at the same time, the tribunal must have regard to the following—

(a)the period until the next periodic review under subsection (1) (a) is required to be carried out;

(b)whether it is in the patient’s best interests to do so.

(6)The tribunal must conduct a hearing for reviewing the patient’s mental condition under this part.

(7)If a forensic order is made for a person who is already a forensic patient, reviews under subsection (1) (a) must be heard together.

201Application for review

(1)An application for a review must—

(a)be made in writing by—

(i)the patient; or

(ii)a person on behalf of the patient; or

(iii)the director; and

(b)be given to the tribunal.

(2)The application may be made at any time.

(3)An application is taken to be an application for a review of the patient’s mental condition relating to all forensic orders for the patient.

202Notice of hearing for review

(1)The tribunal must give written notice of the hearing for a review to the following persons—

(a)the parties to the proceeding for the review;

(b)the administrator of the patient’s treating health service;

(c)the director;

(d)the patient’s allied person;

(e)if the review is to be carried out on application of a person not mentioned in paragraphs (a) to (c)—the applicant.

(2)The notice must—

(a)be in the approved form; and

(b)be given—

(i)at least 7 days before the hearing; or

(ii)if the patient agrees to a period of less than 7 days—the lesser period; and

(c)state the following information—

(i)the time and place of the hearing;

(ii)the nature of the hearing;

(iii)for a party to the proceeding—the party’s right to be represented at the hearing.

203Decisions on review

(1)On the review, the tribunal must decide to confirm or revoke the forensic order for the patient.

(2)If the tribunal confirms the forensic order, the tribunal may decide to make 1 or more of the following orders—

(a)an order that the patient have limited community treatment subject to the reasonable conditions the tribunal considers appropriate;

(b)an order approving limited community treatment for the patient subject to the reasonable conditions the tribunal considers appropriate;

(c)an order revoking an order or approval for limited community treatment for the patient;

(d)an order that the patient be transferred from one authorised mental health service to another authorised mental health service;

(e)an order that the patient be transferred from an authorised mental health service to the forensic disability service;

(f)an order amending or revoking a monitoring condition included in the patient’s treatment plan under section 131.

(3)Without limiting subsection (2) (a) or (b), an order under the paragraph may be made subject to a condition that the patient must not contact a stated person.

Examples of persons a patient must not contact—

1a victim of an offence alleged to have been committed by the patient

2the spouse or a relative or dependant of the patient

(4)In deciding whether to make an order under subsection (2) (a) or (b), the tribunal must consider whether the order should be subject to a condition mentioned in subsection (3).

(5)If 2 or more forensic orders for the patient are being reviewed together, the tribunal must make the same decision for each of the orders.

(5A)For subsection (5), the matters the tribunal must have regard to in making the decision are the matters stated in this section in relation to the most recent forensic order.

(6)In making a decision under subsection (1) or (2) in relation to a patient whose most recent forensic order is not a forensic order (Mental Health Court—Disability), the tribunal must have regard to the following—

(a)the patient’s mental state and psychiatric history;

(b)each offence leading to the patient becoming a forensic patient;

(c)the patient’s social circumstances;

(d)the patient’s response to treatment and willingness to continue treatment.

(6A)In making a decision under subsection (1) or (2) in relation to a patient whose most recent forensic order is a forensic order (Mental Health Court—Disability), the tribunal must have regard to the following—

(a)the patient’s mental state;

(b)the patient’s intellectual disability;

(c)each offence leading to the patient becoming subject to the forensic order;

(d)the patient’s social circumstances;

(e)the patient’s treatment plan;

(f)the patient’s behaviour in response to that plan, including behaviour that places the patient’s health or safety or the safety of others at risk;

(g)any report by the director (forensic disability) on a review about the patient under the Forensic Disability Act, section 141.

(7)This section has effect subject to sections 203A and 204.

s 203 amd 2001 No. 78 s 110; 2007 No. 54 s 7; 2011 No. 13 s 225; 2013 No. 7 s 64

203ATribunal may order examination etc.

(1)This section applies if the patient is a special notification forensic patient.

(2)If the patient is not subject to a forensic order (Mental Health Court—Disability), the tribunal may order the patient to submit to an examination by a stated psychiatrist (the examining person) who is not an authorised psychiatrist for the patient’s treating health service.

(3)If the patient is subject to a forensic order (Mental Health Court—Disability), the tribunal may order the patient to submit to an examination by a stated person (the examining person) who—

(a)has expertise in the aetiology and behaviour of persons with an intellectual disability; and

(b)is not a health practitioner engaged in providing health services at the patient’s treating health service.

(4)If the patient is subject to 2 or more forensic orders—

(a)the tribunal may make only 1 order under this section; and

(b)the order made must be an order the tribunal may make in relation to the most recent forensic order.

(5)The order must state the matters on which the examining person must report on to the tribunal.

(6)The examining person must give a written report on the examination to the tribunal.

(7)The tribunal must not revoke the forensic order for the patient unless the tribunal has obtained a report mentioned in subsection (6) in relation to the patient.

s 203A ins 2007 No. 54 s 8

amd 2011 No. 13 s 226

204Restrictions on review decisions

(1)The tribunal must not do any of the following unless it is satisfied the patient does not represent an unacceptable risk to the safety of the patient or others, having regard to the patient’s mental illness or intellectual disability—

(a)revoke the forensic order for the patient;

(b)order or approve limited community treatment for the patient;

(c)amend or revoke a monitoring condition included in the patient’s treatment plan under section 131.

(2)The tribunal must not revoke the forensic order for the patient if the patient has moved out of Queensland under chapter 5, part 1, division 3 or section 288B, unless—

(a)2 years has elapsed after the patient’s moving out of Queensland; and

(b)it is satisfied the patient is not likely to move back to Queensland.

(3)The tribunal must not revoke the forensic order for the patient if—

(a)a jury has made a section 613 or 645 finding for the patient or the Mental Health Court has decided the patient is unfit for trial; and

(b)proceedings against the patient for the offence to which the finding or decision relates have not been discontinued under part 4 or chapter 7, part 6.

(4)The tribunal must not order or approve limited community treatment for a patient mentioned in subsection (3) unless it is satisfied there is not an unacceptable risk the patient would, if the treatment were undertaken in the community—

(a)not return to the authorised mental health service when required; or

(b)commit an offence; or

(c)endanger the safety or welfare of the patient or others.

(5)In deciding whether to make an order under section 203 (2) (e), the tribunal must have regard to the following—

(a)whether the patient has an intellectual or cognitive disability within the meaning of the Forensic Disability Act but does not require involuntary treatment for a mental illness under this Act;

(b)whether the patient is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.

(6)Also, the tribunal must not make an order for a patient under section 203 (2) (e) unless a certificate given to the tribunal under section 204A states that the forensic disability service has the capacity for the patient’s detention and care.

(7)In this section—

benefit means benefit by way of individual development and opportunities for quality of life and participation and inclusion in the community.

s 204 amd 2001 No. 78 s 111; 2005 No. 10 s 14; 2011 No. 13 s 227; 2013 No. 7 s 65

204ACertificate of forensic disability service availability

(1)This section applies for the purpose of the tribunal deciding whether to make a transfer order for a patient under section 203 (2) (e).

(2)If asked by the director (forensic disability), the chief executive (forensic disability) must give the director (forensic disability) a certificate stating whether or not the forensic disability service has the capacity for the patient’s detention and care.

(3)The director (forensic disability) may give the certificate to the tribunal.

(4)The tribunal may ask the director (forensic disability) to give the tribunal a certificate of the chief executive (forensic disability) stating whether or not the forensic disability service has the capacity for the patient’s detention and care.

(5)If the tribunal makes a request under subsection (4), the director (forensic disability) must give the certificate to the tribunal within—

(a)7 days after receiving the request; or

(b)any longer period allowed by the tribunal.

s 204A ins 2011 No. 13 s 228

205Notice of decision

(1)The tribunal must give a copy of its decision to the following persons—

(a)the parties to the proceeding for the review;

(b)the patient’s allied person;

(c)the administrator of the patient’s treating health service;

(d)the director;

Note—

For notices that must be given if chapter 7 (Examinations, references and orders for persons charged with offences), part 2 (Procedures for particular involuntary patients charged with offences) no longer applies to the patient, see section 245.

(e)if the review was carried out on application of a person not mentioned in paragraphs (a) to (d)—the applicant;

(f)if the forensic order was made with an offender reporting order under the Child Protection (Offender Reporting) Act 2004 —the commissioner of the police service.

(2)Also, the tribunal must give the parties a written notice stating—

(a)a party may ask the tribunal for written reasons for its decision; and

(b)a party may, within 60 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(c)how to appeal.

(3)If asked to do so by a party, the tribunal must give the party the reasons for the decision.

(4)If the request is made within 7 days after receiving the notice, the tribunal must comply with the request within 21 days after receiving the request.

(5)However, a confidentiality order of the tribunal may displace the requirement to give the reasons for its decision to the patient.

(6)Despite subsections (2) to (4), the tribunal must give the Attorney-General and director the reasons for the decision within 21 days after receiving a request from the Attorney-General or director.

s 205 amd 2001 No. 78 s 112; 2004 No. 52 s 95; 2005 No. 10 s 15

206Decision to be given effect

The administrator of the patient’s treating health service must ensure the tribunal’s decision is given effect.

Note—

Giving effect to the tribunal’s decision may require any 1 or more of the following—

(a)changing the patient’s treatment plan, see section 125 (2);

(b)authorising limited community treatment, see sections 129 and 130;

(c)requiring the patient to return to an authorised mental health service, see section 507 (1) (c).

207When patient ceases to be forensic patient

If the tribunal revokes the forensic order for the patient, the patient ceases to be a forensic patient.

Note—

See the Forensic Disability Act, sections 131 and 139 for the application of this part for the purpose of that Act.

pt 4 note ins 2011 No. 13 s 270 sch 2 pt 2

208Application of div 1

This division applies if—

(a)on a reference of the mental condition of a person charged with an offence (the relevant offence), the Mental Health Court decides the person is unfit for trial but the unfitness for trial is not of a permanent nature; or

(b)on the trial of a person charged with an indictable offence (also the relevant offence), a jury has made a section 613 or 645 finding and the proceedings against the person for the offence have not been discontinued or the person has not been found fit for trial.

Note—

See section 301 (Director to refer mental condition of particular persons to tribunal).

209When reviews are conducted

(1)The tribunal must review the person’s mental condition—

(a)at least once every 3 months for the year starting on the day of the court’s decision or jury’s finding; and

(b)afterwards at intervals of not more than 6 months.

(2)Also, the tribunal must review the person’s mental condition on application for the review made under section 210.

(3)However, the tribunal may dismiss the application if the tribunal is satisfied the application is frivolous or vexatious.

(4)The tribunal may, on its own initiative, review the person’s mental condition.

(5)The tribunal may carry out a review on an application for a review at the same time as another review for the patient but must carry out a review on the application within a reasonable time after it is made.

(6)In deciding whether to carry out reviews for the patient at the same time, the tribunal must have regard to the following—

(a)the period until the next periodic review under subsection (1) (b) is required to be carried out;

(b)whether it is in the patient’s best interests to do so.

(7)The tribunal must conduct a hearing for reviewing the person’s mental condition under this part.

210Application for review

(1)The application for a review must—

(a)be made in writing by—

(i)the person; or

(ii)someone else on behalf of the person; or

(iii)the director; and

(b)be given to the tribunal.

(2)The application may be made at any time.

211Notice of hearing for review

(1)The tribunal must give written notice of the hearing for a review to the following persons—

(a)the parties to the proceeding for the review;

(b)the administrator of the authorised mental health service responsible for the person’s treatment or care;

(c)the director;

(d)if the person is a forensic patient—the patient’s allied person;

(e)if the review is to be carried out on application of a person not mentioned in paragraphs (a) to (d)—the applicant.

(2)The notice must—

(a)be in the approved form; and

(b)be given—

(i)at least 7 days before the hearing; or

(ii)if the person agrees to a period of less than 7 days—the lesser period; and

(c)state the following information—

(i)the time and place of the hearing;

(ii)the nature of the hearing;

(iii)for a party to the proceeding—the party’s right to be represented at the hearing.

s 211 amd 2001 No. 78 s 113

212Decision on review

(1)On the review, the tribunal must decide whether the person is fit for trial.

(2)If, on the last review required to be conducted under section 209 (1) (a) or any subsequent review, the tribunal decides the person is unfit for trial, the tribunal must also decide whether the person is likely to be fit for trial in a reasonable time.

(3)If the tribunal decides the person is unlikely to be fit for trial in a reasonable time, it must give a written report to the Attorney-General about the person’s mental condition.

s 212 amd 2001 No. 78 s 114

213Notice of decision

(1)The tribunal must give a copy of its decision to the following persons—

(a)the parties to the proceeding;

(b)the administrator of the authorised mental health service responsible for the person’s treatment or care;

(c)the director;

(d)if the person is a forensic patient—the patient’s allied person;

(e)if the review was carried out on application of a person not mentioned in paragraphs (a) to (d)—the applicant.

(2)Also, the tribunal must give the parties a written notice stating—

(a)a party may ask the tribunal for written reasons for its decision; and

(b)a party may, within 60 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(c)how to appeal.

(3)If asked to do so by a party, the tribunal must give the party the reasons for the decision.

(4)If the request is made within 7 days after receiving the notice, the tribunal must comply with the request within 21 days after receiving the request.

(5)However, a confidentiality order of the tribunal may displace the requirement to give the reasons for its decision to the person.

(6)Despite subsections (2) to (4), the tribunal must give the Attorney-General and director the reasons for the decision within 21 days after receiving a request from the Attorney-General or director.

s 213 amd 2001 No. 78 s 115; 2005 No. 10 s 16

214Attorney-General’s powers

(1)This section applies if, on a review mentioned in section 212 (2), the tribunal decides the person is unfit for trial.

(2)The Attorney-General must, within 28 days after receiving notice of the review decision—

(a)order that proceedings against the person for the relevant offence be discontinued; or

(b)defer a decision on the matter and order that the tribunal continue to carry out reviews under section 209 (1) (b) of the person’s mental condition.

215Proceedings discontinued after particular period

(1)Proceedings against the person for the relevant offence are discontinued, at the end of the prescribed period after the court’s decision or jury’s finding, if—

(a)the Attorney-General has not ordered that proceedings against the person for the relevant offence be discontinued; or

(b)the tribunal has not decided the person is fit for trial.

(2)For subsection (1), the prescribed period is—

(a)for proceedings for an offence for which an offender is liable to life imprisonment—7 years; or

(b)for other proceedings—3 years.

(3)In calculating the prescribed period, the following periods are to be disregarded—

(a)the period between the giving of a notice under section 507 requiring the person to return to an authorised mental health service and the person’s return to the health service;

(b)the period between the revocation of an approval for absence by the person from an authorised mental health service and the person’s return to the health service.

Note—

See chapter 5 (Moving, transfer and temporary absence of patients), part 3 (Temporary absences).

216Effect of discontinuing of proceedings

(1)This section applies if—

(a)the Attorney-General has, under section 214, ordered that proceedings against the person for the relevant offence be discontinued; or

(b)under section 215, proceedings against the person for the relevant offence are discontinued.

(2)The chief executive for justice must give written notice of the order or discontinuing of proceedings to the following—

(a)the person;

(b)the registrar of the court in which the proceedings were to continue;

(c)the prosecuting authority;

(d)the tribunal;

(e)the director;

(f)if the patient is a child—the chief executive for young people.

(3)The person can not be further proceeded against for the relevant offence.

(4)However, if the person for whom proceedings are discontinued under section 214 or 215 is a forensic patient, the forensic order for the patient for the relevant offence continues in force.

s 216 amd 2005 No. 10 s 50 sch; 2011 No. 13 s 270 sch 2 pt 2

217Proceedings may be discontinued

(1)This part does not prevent—

(a)the Attorney-General at any time ordering that proceedings against the person for the relevant offence be discontinued; or

(b)the prosecution of the person for the relevant offence being discontinued at any time by the complainant or director of public prosecutions.

(2)If proceedings are discontinued under subsection (1) (a) for a forensic patient, the forensic order for the patient for the relevant offence continues in force.

(3)If the prosecution is discontinued under subsection (1) (b) for a forensic patient, the forensic order for the patient ends to the extent that the order relates to the relevant offence.

218When proceedings against person continue

(1)If, on any review of the person’s mental condition, the tribunal decides the person is fit for trial—

(a)the chief executive for justice must, immediately, give written notice of the decision to the following persons—

(i)the registrar of the court in which the proceedings are to continue;

(ii)the prosecuting authority;

(iii)the director;

(iv)if the person is a child—the chief executive for young people; and

(b)the person must be brought before the court within 7 days after the decision to be dealt with according to law.

(2)For subsection (1) (b), a health practitioner or police officer may take the person to appear before the court.

(3)A health practitioner may exercise the power under subsection (2) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

s 218 amd 2005 No. 10 s 50 sch; 2011 No. 13 s 270 sch 2 pt 2

219Effect of continuing proceedings on forensic patient

(1)This section applies if the person is a forensic patient.

(2)The patient may be detained in the treating health service until the patient is taken to appear before the court.

(3)The administrator’s custody of the patient ends when the patient appears before the court.

(4)When the administrator’s custody of the patient ends—

(a)the patient ceases to be a forensic patient; and

(b)the forensic order for the patient ends to the extent that the order relates to the relevant offence.

pt hdg ins 2001 No. 78 s 119

228AApplication of pt 5A

This part applies if, on a review of the mental condition of a person charged with a personal offence, the tribunal decides to revoke a forensic order made for the person.

s 228A ins 2001 No. 78 s 119

228BTribunal may make non-contact order

(1)Despite being satisfied the person does not represent an unacceptable risk to the safety of others, the tribunal may make a non-contact order against the person requiring any 1 or more of the following—

(a)if a direct victim of the alleged offence is alive—the person not contact the direct victim, for a stated time;

(aa)if a direct victim of the alleged offence has died as a result of the alleged offence—the person not contact a relative of the direct victim, for a stated time;

(b)the person not contact someone who was with the direct victim when the alleged offence was committed (an associate), for a stated time;

(c)the person not go to a stated place, or within a stated distance of a stated place, for a stated time.

(2)The time stated in the order must be a period starting when it is made and ending no later than 2 years after it is made.

(3)The order must state a Magistrates Court in which a copy of the order is to be filed.

(4)A non-contact order that relates to a direct victim of the alleged offence or relative or associate mentioned in subsection (1) (a), (aa) or (b) is made in favour of that person.

(5)The tribunal’s decision to make a non-contact order against the person must be made as part of a review but is separate from, and not material to, the decision to revoke the forensic order for the person.

s 228B ins 2001 No. 78 s 119

amd 2007 No. 28 s 31

228CRestrictions on making non-contact order

(1)The tribunal may make a non-contact order against the person only in favour of another person for whom a forensic information order is in force relating to the first person.

(2)The tribunal must not make a non-contact order against the person unless it is satisfied it is appropriate in all the circumstances.

(3)In deciding whether it is appropriate to make a non-contact order against the person, the tribunal must consider—

(a)the views of the following persons—

(i)if the tribunal is considering making the order in favour of a direct victim of the alleged offence—the direct victim;

(ia)if a direct victim of the alleged offence has died as a result of the alleged offence—a relative of the direct victim in whose favour the tribunal is considering making the order;

(ii)the associate in whose favour the tribunal is considering making the order;

(iii)the person; and

(b)the viability of making the order in circumstances in which contact between the person and the direct victim, associate or relative may be unavoidable; and

Example of unavoidable contact under paragraph (b)—

Contact may be unavoidable if the person and the direct victim both live in a small remote community.

(c)the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 ; and

(d)the terms of any other order relating to the person and the direct victim, associate or relative.

Examples of another order under paragraph (d)—

an order under the Family Law Act 1975 (Cwlth) or the Domestic and Family Violence Protection Act 2012

s 228C ins 2001 No. 78 s 119

amd 2007 No. 28 s 32; 2007 No. 54 s 3 sch; 2011 No. 13 s 270 sch 2 pt 2; 2012 No. 5 s 230 sch 1 pt 2

228DNon-contact order and reasons to be given to particular persons

If the tribunal decides to make a non-contact order against the person, the tribunal must—

(a)give a copy of the order to each interested person for the order and the commissioner of the police service; and

(b)give each interested person written reasons for the decision; and

(c)give the person against whom the order is made a written notice stating—

(i)the person may, within 28 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(ii)how to appeal.

s 228D ins 2001 No. 78 s 119

228EExecutive officer to file non-contact order

The executive officer must file a copy of the non-contact order, together with the tribunal’s reasons for making the order, in the Magistrates Court stated in it.

s 228E ins 2001 No. 78 s 119

228FVariation and revocation of non-contact order

(1)An interested person for the non-contact order or a person acting on behalf of the person against whom the order is made may, at any time, apply to a Magistrates Court for an order to vary or revoke the order.

(2)The application must—

(a)be in the form approved by the chief executive for justice; and

(b)state fully the grounds of the application and the facts relied on; and

(c)be filed in the court.

(3)Within 7 days after the application is filed, the registrar of the court must give a copy of the application to—

(a)if the application is made by an interested person—the other interested persons; or

(b)if paragraph (a) does not apply—the interested persons.

(4)The registrar of the court must give 7 days written notice of the hearing of the application to the applicant and the persons given a copy of the application under subsection (3).

(5)Each of the persons given notice of the hearing under subsection (4) is entitled to be heard at the hearing of the application.

(6)The court may make an order varying or revoking the non-contact order only if satisfied there has been a material change in the circumstances of an interested person that justifies the variation or revocation.

Example of a material change in the victim’s circumstances—

Because of the relocation of the victim’s workplace, the victim starts working in the building where the person against whom the order is made works.

(7)In deciding whether to vary or revoke the non-contact order, the court must consider the reasons for the decision to make the order.

(8)The registrar of the court must give a copy of the order varying or revoking the non-contact order to the following persons—

(a)the interested persons for the non-contact order and any other person to whom a varying order relates;

(b)the commissioner of the police service.

s 228F ins 2001 No. 78 s 119

228GOffence to contravene requirement of non-contact order

(1)The person against whom a non-contact order is made must not contravene a requirement of the order.

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(2)A Magistrates Court that convicts a person of an offence against subsection (1) may, in addition to or instead of sentencing the person for the offence, make an order varying the non-contact order.

(3)If a court acts under subsection (2), the registrar of the court must give a copy of the court’s order to the following persons—

(a)the interested persons for the non-contact order and any other person to whom the varying order relates;

(b)the commissioner of the police service.

s 228G ins 2001 No. 78 s 119

229Application to perform electroconvulsive therapy

(1)A psychiatrist may apply to the tribunal for approval to administer electroconvulsive therapy on a person if the psychiatrist is satisfied—

(a)electroconvulsive therapy is the most clinically appropriate treatment alternative for the person having regard to the person’s clinical condition and treatment history; and

(b)the person is incapable of giving informed consent to the treatment.

Note—

For requirements of informed consent, see chapter 4 (Treatment and care of patients), part 3 (Regulated and prohibited treatments), division 1 (Informed consent).

(2)The application must be in the approved form.

(3)On making the application, the psychiatrist must tell the following about the application—

(a)if the person is an involuntary patient—the patient and the patient’s allied person;

(b)otherwise—the person.

s 229 amd 2001 No. 78 s 102 sch 2

230Application to perform psychosurgery

(1)A psychiatrist may apply to the tribunal for approval to perform psychosurgery on a person if the psychiatrist is satisfied the person has given informed consent to the psychosurgery.

(2)The application must be in the approved form.

231Time for deciding application

(1)The tribunal must decide a treatment application within a reasonable time after it is made.

(2)However, if the application is for approval to perform electroconvulsive therapy and a certificate is given under section 140, the tribunal must decide the application within 5 days after it is made.

232Notice of hearing of application

(1)The tribunal must give written notice of the hearing of the treatment application.

(2)For a notice of a hearing of a treatment application for approval to administer electroconvulsive therapy, the notice must be given to the following persons—

(a)the person the subject of the application;

(b)if the person is an involuntary patient—the patient’s allied person;

(c)if the person is a minor—a parent of the minor or the minor’s guardian;

(d)if the tribunal reasonably believes the person has a personal attorney—the attorney;

(e)if the tribunal reasonably believes the person has a personal guardian—the guardian;

(f)the administrator of the authorised mental health service identified in the application as the service in which the electroconvulsive therapy is to be administered;

(g)the applicant.

(3)For a notice of a hearing of a treatment application for approval to perform psychosurgery, the notice must be given to—

(a)the person the subject of the application; and

(b)the applicant.

(4)The notice must—

(a)be in the approved form; and

(b)be given—

(i)for an application for electroconvulsive therapy—at least 2 days before the hearing; or

(ii)for another application for psychosurgery—at least 7 days before the hearing; and

(c)state the following information—

(i)the time and place of the hearing;

(ii)the nature of the hearing;

(iii)for a party to the proceeding—the party’s right to be represented at the hearing.

s 232 amd 2001 No. 78 s 120

233Decision on application

(1)In deciding a treatment application, the tribunal must give, or refuse to give, approval.

(2)The tribunal must not approve the administering of electroconvulsive therapy to a person unless the tribunal is satisfied—

(a)the person does not have the capacity to give informed consent to the administering of electroconvulsive therapy; and

(b)electroconvulsive therapy is the most appropriate treatment in the circumstances having regard to the person’s clinical condition and treatment history.

(3)If the tribunal decides to approve the administering of electroconvulsive therapy, the decision must state the number of treatments that may be given in a stated period.

(4)The tribunal must not approve the performing of psychosurgery on a person unless the tribunal is satisfied—

(a)the person has the capacity to give, and has given, informed consent to the performing of psychosurgery; and

(b)psychosurgery has clinical merit and is appropriate in the circumstances; and

(c)every available alternative to psychosurgery that could reasonably be regarded as likely to produce a sufficient and lasting benefit has been satisfactorily given without a sufficient and lasting benefit resulting; and

(d)the psychosurgery is to be performed by a suitably qualified person; and

(e)the psychosurgery is to be performed on the person at an authorised mental health service.

s 233 amd 2001 No. 78 s 102 sch 2

234Notice of decision

(1)The tribunal must give a copy of its decision to—

(a)the parties to the proceeding; and

(b)for an application for approval to administer electroconvulsive therapy—

(i)the administrator of the authorised mental health service identified in the application as the service in which the electroconvulsive therapy is to be administered; and

(ii)if the person the subject of the application is an involuntary patient, the person’s allied person.

(2)In addition, the tribunal must give the parties a written notice stating—

(a)a party may within 7 days after receiving the notice, ask the tribunal for written reasons for its decision; and

(b)a party may, within 60 days after receiving the notice, appeal to the Mental Health Court against the decision; and

(c)how to appeal.

(3)If, within 7 days after receiving the notice, a party asks the tribunal for written reasons for its decision, the tribunal must give the person the reasons for the decision within 21 days after receiving the request.

(4)However, a confidentiality order of the tribunal may displace the requirement to give the reasons for its decision to the person the subject of the application.

s 234 amd 2001 No. 78 s 121; 2005 No. 10 s 18

Note—

See the Forensic Disability Act, sections 133 and 139 for the application of this part for the purpose of that Act.

ch 7 note ins 2011 No. 13 s 270 sch 2 pt 2

235Definitions for ch 7

In this chapter—

offence does not include an offence against a Commonwealth law.

original psychiatrist’s report see section 239.

s 235 def original psychiatrist’s report ins 2007 No. 54 s 10

235AReferences to director of public prosecutions

A reference in this chapter to the director of public prosecutions includes a person who is authorised in writing by the director of public prosecutions to exercise the director of public prosecutions’ powers under this chapter.

s 235A ins 2007 No. 54 s 11

236Application of pt 2

(1)This part applies if—

(a)a person is charged with a simple or indictable offence; and

(b)an involuntary treatment or forensic order is made for the person.

(2)For subsection (1), it is immaterial which happens first.

(3)However for subsection (1) (b), if the involuntary treatment order for the person was made by an authorised doctor who is not a psychiatrist, this part does not apply unless the order has been confirmed by a psychiatrist.

237Notice of application of part

(1)If the administrator of the patient’s treating health service becomes aware that this part applies, or may apply, to the patient, the administrator must immediately tell the director.

(2)If the director is satisfied that this part applies to the patient, the director must immediately give written notice of the application of the part to the following persons—

(a)the administrator;

(b)the chief executive for justice;

(c)if the patient is a forensic patient—the tribunal.

(3)Immediately after receiving the director’s notice, the administrator must tell the patient of the application of the part.

(4)The chief executive for justice must give written notice to the following persons of the application of the part to the patient—

(a)the registrar of the court before which the patient is to appear for the offence;

(b)the prosecuting authority;

(c)if the patient is a child—the chief executive for young people.

s 237 amd 2001 No. 78 s 122; 2005 No. 10 s 50 sch; 2011 No. 13 s 270 sch 2 pt 2

237ACopies of particular documents may be requested from prosecuting authority

(1)At any time after receiving a notice under section 237 (2), the administrator may ask the prosecuting authority to give the administrator copies of the documents relating to the offence mentioned in the schedule, definition brief of evidence, paragraph (a)(i), (ii), (iii), (v), (vi) and (vii).

(2)The prosecuting authority must as soon as practicable comply with the request.

(3) Subsection (2) does not apply to information contained in a document if the prosecuting authority reasonably considers that—

(a)giving the information could reasonably be expected to—

(i)prejudice the investigation of a contravention or possible contravention of a law in a particular case; or

(ii)prejudice an investigation under the Coroners Act 2003 ; or

(iii)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or

(iv)endanger a person’s life or physical safety; or

(v)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and

(b)it would not be in the public interest to give the information.

(4)Also, subsection (2) does not apply to—

(a)information, contained in a document, that is sensitive evidence; or

(b)information, contained in a document, that another Act or law would prevent the prosecution from giving to an accused person, or a lawyer acting for an accused person, during a proceeding for an offence; or

(c)information, contained in a document, that—

(i)identifies witnesses to the alleged commission of the offence; or

(ii)consists of contact details for the witnesses.

(5)The duty imposed on the prosecuting authority to comply with the request applies only to documents in the possession of the prosecuting authority or to which the prosecuting authority has access.

(6)In complying with the request, the prosecuting authority may obliterate from a copy of a document given to the administrator any information mentioned in subsection (3) or (4).

Example—

If a document includes the name of a witness to the alleged commission of the offence, or information from which the witness could be identified, the prosecuting authority may obliterate the name or information from a copy of the document given to the administrator.

(7)In this section—

sensitive evidence see the Criminal Code, section 590AF.

s 237A ins 2007 No. 54 s 12

amd 2011 No. 13 s 270 sch 2 pt 2

238Examination of patient

(1)The administrator of the patient’s treating health service must arrange for the patient to be examined by a psychiatrist as soon as practicable after the administrator receives the director’s notice under section 237 (2).

(2)In making the examination, the psychiatrist must have regard to—

(a)the patient’s mental condition; and

(b)the relationship, if any, between the patient’s mental condition and the alleged offence and, in particular, the patient’s mental capacity when the alleged offence was committed having regard to the Criminal Code, section 27; and

(c)the likely duration of the patient’s mental condition and the likely outcome of the patient’s treatment or care; and

(d)the patient’s fitness for trial; and

(e)anything else the psychiatrist considers relevant.

(3)The psychiatrist must give the administrator of the health service a report on the examination.

s 238 amd 2011 No. 13 s 270 sch 2 pt 2

239Administrator to give report to director

Within 21 days after the administrator receives the director’s notice under section 237 (2), the administrator of the treating health service must give to the director the psychiatrist’s report (the original psychiatrist’s report) on the examination.

s 239 amd 2007 No. 54 s 13

239AObtaining another psychiatrist’s report

After considering the original psychiatrist’s report, the director may arrange for the patient to be examined by another psychiatrist, and obtain a report from the other psychiatrist on the examination.

s 239A ins 2007 No. 54 s 14

240Director to refer patient’s mental condition to Mental Health Court or director of public prosecutions

(1)On consideration of the information available to the director, including the original psychiatrist’s report and any report obtained under section 239A in relation to the patient, the director must—

(a)refer the matter of the patient’s mental condition relating to the offence with which the patient is charged to the Mental Health Court or the director of public prosecutions; and

Note—

See parts 3 (Procedure on reference to director of public prosecutions) and 6 (Inquiries on references to Mental Health Court).

(b)if the reference is to the Mental Health Court—give written notice of the reference to the director of public prosecutions.

(2)The director must comply with subsection (1) by the later of the following—

(a)14 days after receiving the original psychiatrist’s report;

(b)if a report is obtained under section 239A in relation to the patient—14 days after receiving the report.

Note—

This part ceases to apply to the patient if the involuntary treatment order for the patient is revoked under section 121, 122 or 191, the patient ceases, under section 207, to be a forensic patient or the prosecution of the patient for the offence is discontinued.

(3)However, the director must not refer the matter to the Mental Health Court if the patient is charged only with a simple offence.

(4)If the patient is charged with an indictable offence, the director may refer the matter to the director of public prosecutions only—

(a)if the director (of mental health) is satisfied the offence is not of a serious nature, having regard to any damage, injury or loss caused; or

(b)if the director (of mental health) is satisfied the offence is of a serious nature, having regard to any damage, injury or loss caused, and reasonably believes the patient—

(i)is fit for trial; and

(ii)was not of unsound mind when the alleged offence was allegedly committed.

s 240 amd 2007 No. 54 s 15

241Director may defer reference

(1)Despite section 240, if the director reasonably believes the patient is unfit for trial but is likely to be fit for trial in less than 2 months, the director may defer referring the matter for the period that ends 2 months after the decision to defer.

(1A)If, before the end of the period mentioned in subsection (1), the director still reasonably believes the patient is unfit for trial but is likely to be fit for trial in less than 2 months, the director may again defer referring the matter for the period that ends 2 months after making this decision to defer.

(2)If the director defers a decision on the matter, the director must give written notice of the decision to the director of public prosecutions.

(3)The director must, under section 240, refer the matter of the patient’s mental condition to the Mental Health Court or the director of public prosecutions within the deferment period mentioned in subsection (1) or (1A).

s 241 amd 2007 No. 54 s 16

242Reference to Mental Health Court or director of public prosecutions

(1)A reference is made by—

(a)for a reference to the Mental Health Court—filing notice in the approved form in the registry; or

(b)for a reference to the director of public prosecutions—giving written notice to the director of public prosecutions.

(2)The notice must be accompanied by—

(a)a copy of the original psychiatrist’s report; and

(b)if a report is obtained under section 239A in relation to the patient—a copy of the report.

(2A)If the reference is to the director of public prosecutions, the notice must also be accompanied by the assessment of the matter by the director (of mental health), including any recommendation of the director (of mental health).

(3)The director must give written notice of the reference to the administrator of the patient’s treating health service.

(4)The administrator must give written notice of the reference to the patient and the patient’s allied person.

s 242 amd 2007 No. 54 s 17

243Suspension of proceedings

(1)On the application of this part to the patient, the proceedings for the offence are suspended until—

(a)the director of public prosecutions has made a decision on a reference under this part that the proceedings continue or be discontinued; or

(b)the Mental Health Court has made a decision on a reference under this part; or

(c)the director has given notice to the chief executive for justice that this part no longer applies to the patient.

(2) Subsection (1) (c) does not apply if a reference relating to the patient has been made under part 4.

s 243 amd 2007 No. 54 s 3 sch

244Bail, remand and discontinuance of proceedings etc.

This part does not prevent—

(a)a court making an order granting the patient bail under the Bail Act 1980 ; or

(b)a court remanding the patient in custody in relation to proceedings for an offence; or

(c)a court adjourning the proceedings for an offence until a stated date; or

(d)the prosecution of the patient for the offence mentioned in section 236 (1) (a) being discontinued at any time by the complainant or director of public prosecutions.

s 244 amd 2007 No. 37 s 120

245Notice if part no longer applies in particular circumstances

(1)On receiving 1 of the following notices, the director must give written notice to the chief executive for justice that this part no longer applies to a patient—

(a)a notice, under section 123 or 192, of the revocation of the involuntary treatment order for the patient;

(b)a notice, under section 205, of the revocation of the forensic order for the patient.

(2)The chief executive for justice must give written notice to the following persons this part no longer applies to the patient—

(a)the registrar of the court before which the patient is to appear for the offence;

(b)the prosecuting authority;

(c)if the patient is a child—the chief executive for young people.

s 245 amd 2005 No. 10 s 50 sch; 2011 No. 13 s 270 sch 2 pt 2

245ANotice if part no longer applies to forensic patient

If the director becomes aware that this part no longer applies to a forensic patient because the patient is not charged with a simple or indictable offence, the director must give written notice of the fact to the tribunal.

s 245A ins 2001 No. 78 s 123

pt hdg amd 2007 No. 54 s 3 sch

245BDefinition for pt 3

In this part—

psychiatrist’s report means—

(a)the original psychiatrist’s report; and

(b)if a report is obtained under section 239A in relation to the patient—the report.

s 245B ins 2007 No. 54 s 18

246Application of pt 3

This part applies if, under section 240, the director refers the matter of the patient’s mental condition relating to an offence to the director of public prosecutions.

s 246 amd 2007 No. 54 s 3 sch

247Director of public prosecutions’ powers on reference

(1)The director of public prosecutions must have regard to the psychiatrist’s report, the assessment of the matter mentioned in section 242 (2A) and the matters mentioned in subsection (4) and decide that—

(a)proceedings against the patient for the offence are to continue according to law; or

(b)proceedings against the patient for the offence are to be discontinued; or

(c)the matter of the patient’s mental condition is to be referred to the Mental Health Court.

Note—

See part 6 (Inquiries on references to Mental Health Court).

(2)However, the director of public prosecutions must not refer the matter to the Mental Health Court if the patient is charged only with a simple offence.

(3)The director of public prosecutions must make a decision under subsection (1) within 28 days after receiving the reference.

(4)For subsection (1), the director of public prosecutions must have regard to the following—

(a)the nature of the offence, including, whether any harm was done to a victim or any damage, injury or loss was caused;

(b)information available about the patient’s mental condition when the offence was committed;

(c)information available about the patient’s current mental condition, and, in particular, the patient’s fitness for trial;

(d)information available about the likely effect of a continuation of proceedings on the patient’s mental condition.

(5)However, the director of public prosecutions must not make a decision under subsection (1) (a) if the director, in the notice given to the director of public prosecutions under section 242 (1) (b), states the patient is unfit for trial.

(6)The director of public prosecutions may make a decision under subsection (1) (a) or (b) regardless of whether an involuntary treatment or forensic order is in force for the patient.

s 247 amd 2001 No. 78 s 123A; 2007 No. 54 s 19

248Notice of decision to director and tribunal

The director of public prosecutions must give written notice of the director of public prosecutions’ decision on the reference to the director and tribunal.

s 248 amd 2001 No. 78 s 124 ; 2007 No. 54 s 3 sch

249How reference to Mental Health Court is made

(1)The reference of the patient’s mental condition to the Mental Health Court is made by filing notice in the approved form in the registry.

(2)The notice must be accompanied by a copy of the psychiatrist’s report.

s 249 amd 2007 No. 54 s 20

250Effect of decision to continue proceedings

(1)If, under section 247 (1) (a), the director of public prosecutions decides the proceedings are to continue, the chief executive for justice must give written notice to—

(a)the registrar of the court in which the proceedings for the offence are to continue; and

(b)any complainant; and

(c)if the patient is a child—the chief executive for young people.

(2)The complainant or director of public prosecutions must give written notice to the patient that the proceedings are to continue.

(3)The notice under subsection (2) must be served personally unless the patient is in lawful custody other than in an authorised mental health service.

(4)The court may issue a warrant for the patient’s arrest to be brought before the court to be dealt with according to law if it is satisfied—

(a)the complainant or director of public prosecutions has taken reasonable steps, but has been unable, to serve the notice on the patient; and

(b)the patient has not appeared before the court when proceedings against the patient for the offence were to be continued.

(5)On the proceedings being resumed, any evidence previously given must be disregarded and the court must hear all evidence afresh.

s 250 amd 2003 No. 9 s 67 sch; 2005 No. 10 s 50 sch; 2007 No. 54 s 3 sch

251Effect on proceedings of decision to discontinue proceedings

If, under section 247 (1) (b), the director of public prosecutions decides proceedings against the patient for the offence are to be discontinued, the charge against the person for the act or omission constituting the offence is dismissed.

s 251 amd 2007 No. 54 s 3 sch

252Notice of decision to discontinue proceedings

If the director of public prosecutions decides the proceedings against the patient for the offence are to be discontinued, the chief executive for justice must give written notice of the decision to—

(a)the registrar of the court in which the proceedings would have continued; and

(b)the patient; and

(c)the patient’s allied person; and

(d)if the patient is a child, the chief executive for young people.

s 252 amd 2001 No. 78 s 125; 2005 No. 10 s 50 sch; 2007 No. 54 s 3 sch

252AContinuation of proceedings

(1)If the patient is a classified patient and, under section 247 (1), the director of public prosecutions decides proceedings against the patient for the offence are to be continued, the patient must be brought before the court in which the proceedings for the offence are to continue within 7 days after the decision to be dealt with according to law.

(2)For subsection (1), a health practitioner or police officer may take the person to appear before the court.

(3)A health practitioner may exercise the power under subsection (2) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(4)The patient may be detained in the patient’s treating health service until the patient is taken to appear before the court.

(5)The custody of the patient by the administrator of the health service ends when the patient appears before the court.

s 252A ins 2007 No. 54 s 21

amd 2011 No. 13 s 270 sch 2 pt 2

253When patient ceases to be classified patient

(1)If the patient is a classified patient and, under section 247 (1), the director of public prosecutions decides proceedings against the patient for the offence are to be discontinued, the patient ceases to be a classified patient.

Note—

For what happens on a patient ceasing to be a classified patient, see chapter 3, part 4, division 5.

(1A)If the patient is a classified patient and, under section 247 (1), the director of public prosecutions decides proceedings against the patient for the offence are to be continued, the patient ceases to be a classified patient when the patient appears before the court in which the proceedings for the offence are to continue.

(2)However, subsections (1) and (1A) do not apply if—

(a)the patient—

(i)is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3); or

(ii)is serving a sentence of imprisonment or period of detention under a court order; or

(b)the patient is awaiting the start or continuation of proceedings for an offence against a Commonwealth law.

(3)Also, the patient may continue to be an involuntary patient under another provision of this Act.

s 253 amd 2006 No. 46 s 127; 2007 No. 54 ss 22, 3 sch

254Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 253, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

255Prosecution for offence may be discontinued

This part does not prevent the complainant or director of public prosecutions from discontinuing the prosecution of the patient for the offence.

Note—

For a classified patient, see section 78 (When patient ceases to be classified patient).

256Application of pt 4

This part applies if there is reasonable cause to believe a person alleged to have committed an indictable offence—

(a)is mentally ill or was mentally ill when the alleged offence was committed; or

(b)has an intellectual disability of a degree that issues of unsoundness of mind, diminished responsibility or fitness for trial should be considered by the Mental Health Court.

257Reference to Mental Health Court

(1)The matter of the person’s mental condition relating to the offence may be referred to the Mental Health Court by—

(a)the person or the person’s legal representative; or

(b)the Attorney-General; or

(c)the director of public prosecutions; or

(d)if the person is receiving treatment for mental illness—the director; or

(e)if the person is receiving care under this Act for an intellectual disability—the director.

Note—

See part 6 (Inquiries on references to Mental Health Court).

(2)However, the director may make a reference for a person who is not under an involuntary treatment or forensic order only if—

(a)the person agrees to the reference; or

(b)the director declares, in the reference, the director is satisfied the person does not have the capacity to give agreement to the reference.

(3)A reference made under this section may include a reference of the person’s mental condition relating to a simple offence alleged to have been committed by the person.

s 257 amd 2011 No. 13 s 229

258How reference to Mental Health Court is made

(1)The reference is made by filing notice in the approved form in the registry.

(2)The notice must be accompanied by a copy of any expert’s report on the expert’s examination of the person.

259Suspension of proceedings

On the reference being made, proceedings for the offence alleged to have been committed by the person are suspended until the Mental Health Court has made a decision on the reference.

260Bail, remand and discontinuance of proceedings etc.

This part does not prevent—

(a)a court making an order granting or refusing the person bail under the Bail Act 1980 ; or

(b)a court remanding the person in custody in relation to proceedings for an offence; or

(c)a court adjourning the proceedings for an offence until a stated date; or

(d)the prosecution of the person for any offence being discontinued at any time by the complainant or director of public prosecutions.

Note—

For a classified patient, see section 78 (When patient ceases to be classified patient).

s 260 amd 2007 No. 37 s 121

261Withdrawal of reference

(1)At any time before the Mental Health Court decides a reference, an application may be made to the court to withdraw the reference by—

(a)the person who made the reference; or

(b)if the person the subject of the reference is not subject to an involuntary treatment or forensic order—the person or the person’s legal representative.

(2)The application must be made by—

(a)filing notice with the registrar; or

(b)by oral submission at the hearing of the reference.

262Notices if application to withdraw filed

(1)This section applies if the application to withdraw the reference is made by filing a notice under section 261 (2) (a).

(2)Within 7 days after the notice is filed, the registrar must give written notice of the application to the other parties to the proceeding.

(3)The registrar must give 7 days written notice of the hearing of the application to the parties to the proceeding.

(4)The notice of the hearing must state the following information—

(a)the time and place of the hearing;

(b)the nature of the hearing;

(c)the parties’ rights to be represented at the hearing.

263Court’s powers on deciding application

(1)In deciding an application, the Mental Health Court may grant or refuse it.

(2)However, the court must not refuse the application unless the withdrawal of the reference is contrary to the interests of justice.

264Notices of reference

(1)On reference of a person’s mental condition relating to an offence to the Mental Health Court, the registrar must give written notice of the reference to—

(a)the registrar of the court before which the person is to appear for the offence; and

(b)the prosecuting authority.

Note—

For who may make the reference, see sections 62, 240, 247 and 257.

(1A)The director may give written notice of the reference to a victim of the alleged offence to which the reference relates.

(2)Within 7 days after the reference is made, the registrar must give written notice of the reference to the other parties to the proceeding for the reference.

s 264 amd 2007 No. 54 s 23; 2011 No. 13 s 270 sch 2 pt 2

265Documents to be disclosed

(1)Each party to the proceeding must give the registrar a copy of any expert’s report the party has relating to the matters to be decided by the Mental Health Court.

(2) Subsection (1) applies even if giving the report would disclose matter detrimental to the case of the person the subject of the reference.

266Notice of hearing

(1)The registrar must give 7 days written notice of the hearing of the reference to the following persons—

(a)the parties to the proceeding;

(b)if the person the subject of the reference is an involuntary patient—the administrator of the patient’s treating health service;

(c)if the person the subject of the reference is in other lawful custody—the person’s custodian.

(2)The notice of the hearing must state the following information—

(a)the time and place of the hearing;

(b)the nature of the hearing;

(c)the parties’ rights to be represented at the hearing.

267Mental Health Court to decide unsoundness of mind and diminished responsibility

(1)On the hearing of the reference, the Mental Health Court must—

(a)decide whether the person the subject of the reference was of unsound mind when the alleged offence was committed; and

(b)if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the alleged offence was committed—decide whether the person was of diminished responsibility when the alleged offence was committed.

Note—

For constitution of Mental Health Court, see section 382.

(2)This section has effect subject to sections 268 and 269.

268Reasonable doubt person committed offence

(1)The Mental Health Court must not make a decision under section 267 (1) (a) or (b) if the court is satisfied there is reasonable doubt the person committed the alleged offence (the disputed offence).

(2)However, the court may make a decision under section 267 (1) (a) or (b) if the doubt the person committed the disputed offence exists only as a consequence of the person’s mental condition.

(3)If elements of the disputed offence are elements of another offence (the alternative offence), subsection (1) does not prevent the court from making a decision under section 267 (1) (a) for the alternative offence.

Example for application of subsection (3)—

If the disputed offence is attempted murder, the court may make a decision in relation to the alternative offence of grievous bodily harm if the alternative offence is not disputed.

(4)If the court decides the person was of unsound mind when the alternative offence was committed proceedings against the person for the disputed offence are discontinued.

269Dispute relating to substantially material fact

(1)The Mental Health Court must not make a decision under section 267 (1) (a) or (b) if the court is satisfied a fact that is substantially material to the opinion of an expert witness is so in dispute it would be unsafe to make the decision.

(2)Without limiting subsection (1), a substantially material fact may be—

(a)something that happened before, at the same time as, or after the alleged offence was committed; or

(b)something about the person’s past or present medical or psychiatric treatment.

270When Mental Health Court must decide fitness for trial

(1)The Mental Health Court must decide whether the person is fit for trial if—

(a)the court decides the person was not of unsound mind; or

(b)under section 268 or 269, the court must not decide whether the person was of unsound mind when the alleged offence was committed.

(2) Subsection (1) does not apply if, under section 268 (4), proceedings against the person for the alleged offence are discontinued.

271Mental Health Court to decide whether unfitness for trial is permanent

If the Mental Health Court decides the person is unfit for trial, the court must also decide whether the unfitness for trial is of a permanent nature.

272When Mental Health Court to order proceedings to continue

If the Mental Health Court decides a person alleged to have committed an offence is fit for trial, the court must order that proceedings against the person for the offence be continued according to law.

273Orders about custody

(1)If the Mental Health Court orders proceedings against the person for the offence continue, the court may order—

(a)the person be remanded in custody or bail be granted or enlarged under the Bail Act 1980 for the person; or

(b)the person be detained in a stated authorised mental health service until—

(i)the person is granted bail under the Bail Act 1980 ; or

(ii)the person is brought before a court for continuing the proceedings.

(2)For subsection (1)—

(a)a police officer, correctional officer or detention centre officer may take the person to a place of custody; or

(b)a police officer, correctional officer, health practitioner or detention centre officer may take the person to the authorised mental health service stated in the order.

(3)A correctional officer, health practitioner or detention centre officer may exercise the power under subsection (2) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

s 273 amd 2011 No. 13 s 270 sch 2 pt 2

274Application of sdiv 2

This subdivision applies if, under section 273 (1) (b), the Mental Health Court orders the detention of a patient in an authorised mental health service.

275Mental Health Court may approve limited community treatment

(1)The Mental Health Court may, under the order, approve limited community treatment for the patient.

(2)However, the Mental Health Court must not approve limited community treatment unless it is satisfied the patient does not represent an unacceptable risk to the safety of the patient or others, having regard to the patient’s mental illness or intellectual disability.

s 275 sub 2001 No. 78 s 126

276Notice of order

The registrar must give written notice of the court’s order to the director.

277Detention under order

The patient may be detained under the court’s order in the patient’s treating health service.

278Treatment plan for patient

An authorised doctor for the patient’s treating health service must—

(a)ensure a treatment plan is prepared for the patient; and

(b)talk to the patient about the patient’s treatment or care under the treatment plan.

Note—

See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the client understands things told or explained to the patient.

s 278 amd 2011 No. 13 s 270 sch 2 pt 2

279Treatment or care under treatment plan

The administrator of the patient’s treating health service must ensure the patient is treated or cared for as required under the patient’s treatment plan.

280Proceedings stayed—not permanently unfit for trial

If the Mental Health Court decides a person charged with an offence is unfit for trial but the unfitness for trial is not of a permanent nature, proceedings for the offence are stayed until, on a review, the tribunal decides the person is fit for trial.

Note—

See chapter 6 (Tribunal reviews and treatment applications), part 4 (Reviews by tribunal of mental condition of persons to decide fitness for trial).

281Proceedings discontinued—unsound mind

(1)If the Mental Health Court decides a person charged with an offence was of unsound mind when the alleged offence was committed—

(a)proceedings against the person for the offence are discontinued; and

(b)further proceedings must not be taken against the person for the act or omission constituting the offence.

(2) Subsection (1) is subject to the person exercising the person’s right under part 8 to elect to be brought to trial for the alleged offence.

282Particular proceedings discontinued—diminished responsibility

If the Mental Health Court decides a person charged with the offence of murder was of diminished responsibility when the alleged offence was committed—

(a)proceedings against the person for the offence of murder are discontinued; but

(b)proceedings may be continued against the person for another offence constituted by the act or omission to which the proceedings for the offence of murder relate.

283Proceedings discontinued—permanently unfit for trial

If the Mental Health Court decides a person charged with an offence is unfit for trial and the unfitness for trial is of a permanent nature—

(a)proceedings against the person for the offence are discontinued; and

(b)further proceedings must not be taken against the person for the act or omission constituting the offence.

div hdg amd 2007 No. 28 s 33

284Submission and consideration of material from victim or concerned person etc.

(1)In making a decision on a reference, the Mental Health Court may take into account material submitted by a victim of the alleged offence to which the reference relates or another person who is not a party to the hearing of the reference (concerned person) if the material is sworn.

(1A)The purpose of submitting the material is to help the court in making a decision on the reference, including, for example, deciding—

(a)whether the person to whom the reference relates was of unsound mind when the alleged offence was allegedly committed; or

(b)whether the person to whom the reference relates is unfit for trial; or

(c)whether to make a forensic order; or

(d)whether to order, approve or revoke limited community treatment; or

(e)what conditions the court should impose on an order or approval for limited community treatment.

(1B)The material may include the views of the person submitting the material about—

(a)the behaviour of the person to whom the reference relates and the impact of the behaviour on the person submitting the material; or

(b)the risk the person submitting the material believes the person to whom the reference relates represents to the person submitting the material or another person; or

(c)any other matter relevant to the decision of the court on the reference.

(1C)If the court takes the material into account, it may place the weight it considers appropriate on the material.

(2)Also, for a decision about the making of a non-contact order in favour of a person mentioned in section 313C (2), the court must receive in evidence material giving the person’s views as required under the section.

(3)The material must be submitted to the court by a party to the proceeding.

(4)For subsection (2), the director of public prosecutions must submit the material mentioned in the subsection.

(5)The person submitting the material under subsection (1) does not have a right of appearance before the court unless otherwise ordered by the court.

s 284 amd 2001 No. 78 s 127; 2007 No. 28 s 34

285Reasons for decision about material submitted by victim or concerned person

(1)This section applies if, under section 284 (1), a victim of the alleged offence to which the reference relates or a concerned person submits material to the Mental Health Court.

(2)The court must, as soon as practicable after making its decision on the reference, give the person who submitted the material and persons who were parties to the hearing of the reference—

(a)reasons for—

(i)taking the material into account; or

(ii)refusing to take the material into account; and

(b)if the material was taken into account by the court—a statement about how it was taken into account.

(3)However, a confidentiality order of the court may displace the requirement to give the reasons or statement to the person to whom the reference relates.

s 285 sub 2007 No. 28 s 35

286Notices of decisions and orders

(1)The registrar must give a copy of the Mental Health Court’s decision on a reference and if relevant, the order to continue proceedings against the person for the offence, to the following persons—

(a)the parties to the proceeding for the reference;

(b)the Attorney-General;

(c)the chief executive for justice;

(d)if an involuntary treatment or forensic order is in force for the person—the tribunal;

(e)if the person the subject of the reference is an involuntary patient—the administrator of the patient’s treating health service;

(f)if the person the subject of the reference is in other lawful custody—the person’s custodian.

(2)The chief executive for justice must give written notice of the decision and order to—

(a)the registrar of the court in which the proceedings for the offence are to continue or would have continued; and

(b)if the person is a child—the chief executive for young people.

s 286 amd 2001 No. 78 s 128; 2005 No. 10 s 50 sch

286ANotice about material submitted by victim or concerned person

(1)This section applies if, under section 284 (1), a victim of an alleged offence to which a reference relates or a concerned person submits material to the Mental Health Court.

(2)Subject to subsection (3), the registrar may after the court makes its decision on the reference give a copy of the material to—

(a)the administrator of the authorised mental health service responsible for the treatment or care of the person to whom the reference relates; or

(b)the tribunal.

(3)The court may order that a copy of the material not be given under subsection (2).

(4)If the court makes an order under subsection (3), the court must in its decision on the reference give reasons for making the order.

s 286A ins 2007 No. 28 s 36

amd 2011 No. 13 s 270 sch 2 pt 2

287When person ceases to be classified patient

(1)This section applies if the person the subject of the reference is a classified patient.

(2)On a decision on the reference, the patient ceases to be a classified patient unless—

(a)the patient—

(i)is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3); or

(ii)is serving a sentence of imprisonment or period of detention under a court order; or

(b)the patient is awaiting the start or continuation of proceedings for an offence against a Commonwealth law.

Note—

For what happens on a patient ceasing to be a classified patient, see chapter 3, part 4, division 5.

(3)However, the patient may continue to be an involuntary patient under another provision of this Act.

s 287 amd 2006 No. 46 s 128