Mental Health Act 2000 An Act about treating and protecting people who have mental illnesses, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Mental Health Act 2000 . 2 Commencement (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. 3 Act 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. Part 2 Purpose and application of Act 4 Purpose 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 5 How 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 6 Application 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. 7 Attachment—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. Part 3 Principles for administration of Act 8 General 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 9 Principles 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 Part 4 Interpretation Division 1 Dictionary and notes in text 10 Definitions The dictionary in the schedule defines particular words used in this Act. s 10 amd 2011 No. 13 s 270 sch 2 pt 2 11 Notes in text A note in the text of this Act is part of the Act. Division 2 Key definitions 12 What 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;

(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)—

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

2 A 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. 13 What 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;

(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. 14 What 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;

(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). Chapter 2 Involuntary assessment Part 1 Interpretation 15 Definition 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.

Part 2 Requirements for involuntary assessment Division 1 Preliminary 16 Assessment 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. Division 2 Request for assessment 17 Who 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

18 Making request for assessment A request for assessment must be in the approved form. Division 3 Recommendation for assessment 19 Who 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. 20 Making 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

(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. 21 How long recommendation for assessment is in force A recommendation for assessment is in force for 7 days after it is made. Division 4 Miscellaneous provisions 22 When 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. 23 Assessment documents must be made by different persons A request and recommendation for assessment must be made by different persons. 24 Person 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. Part 3 Procedures leading to involuntary assessment Division 1 Provisions about taking persons to authorised mental health services for involuntary assessment 25 Taking 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 .

(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 26 Administration 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 Division 2 Justices examination orders 27 Application 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 28 Making 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

(2) The order must be in the approved form. s 28 amd 2001 No. 78 s 102 sch 2 29 Procedures 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 30 Effect 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) 31 Duration 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. 32 Notifications 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.

Division 3 Emergency examination orders Subdivision 1 Emergency examination orders by police officers and ambulance officers 33 Application 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.

34 Taking 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. 35 Making 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. 36 Detention 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). Subdivision 2 Emergency examination orders by psychiatrists 37 Application 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.

38 Making 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. 39 Taking 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). 40 Detention 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). Subdivision 3 General 41 Procedure 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.

Part 4 Detention as involuntary patient for involuntary assessment Division 1 Preliminary 42 Application of pt 4 This part applies to a person for whom assessment documents are in force. 43 Purpose of pt 4 The purpose of this part is to provide for the person’s detention for assessment in an authorised mental health service. Division 2 Involuntary assessment 44 Detention 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 45 Patient 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;

(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.

46 Initial 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. 47 Extension 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. 48 When 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. Chapter 3 Persons before a court or in custody requiring assessment or detention Part 1 Requirements for assessment Division 1 Preliminary 49 Assessment 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

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

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

Division 2 Recommendations for assessment 50 Who 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. 51 Making 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

(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.

54 When 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.

55 When 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).

56 How long agreement for assessment is in force An agreement for assessment is in force for 7 days after it is made. Part 2 Persons having a mental illness before court Division 1 Court assessment orders 57 Application of div 1 This division applies to a person charged with a simple or indictable offence who is before a court. 58 Court 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 59 Court’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.

Division 2 Orders by Supreme and District Courts if person pleads guilty to indictable offence 60 Definition for div 2 In this division— offence does not include an offence against a Commonwealth law. 61 Application 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.

62 Supreme 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).

(3) If the court remands the person in custody, it may also make a court assessment order for the person. 63 How 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. Part 3 Persons having a mental illness in lawful custody 64 Application 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

(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 65 Custodian’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. 66 Making 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. Part 4 Detention as classified patient on completion of assessment documents Division 1 Preliminary 67 Application of pt 4 This part applies to a person for whom a court assessment order or custodian’s assessment authority is in force. Division 2 Provisions about taking person to, and detaining person in, authorised mental health service 68 Taking 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 69 Classified 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 70 Giving 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

(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;

(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 Division 3 Assessment and treatment as classified patient 71 Initial 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. 72 Treatment 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 73 Regular 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 74 Authorised 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. Division 4 Provisions about legal proceedings 75 Suspension 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. 76 What 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. 77 Bail, 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

(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 78 When 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 79 Notice 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;

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

Division 5 What happens on patient ceasing to be classified patient 80 Application of div 5 This division applies if, under section 78, 99, 253 or 287, a patient ceases to be a classified patient. 81 Release 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.

82 Continued 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.

Part 5 Return of classified patients to court or custody Division 1 Preliminary 83 Application 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. 84 Notice 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. Division 2 Patients under court assessment orders 85 Application 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.

86 Notices 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;

s 86 amd 2005 No. 10 s 50 sch 87 Taking 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). Division 3 Patients under custodian’s assessment authorities 88 Application 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.

89 Director 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. 90 When 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

(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 90A Giving 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;

s 90A ins 2005 No. 10 s 9 amd 2009 No. 34 s 45 (1) sch pt 1 amdt 25 91 When 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;

s 91 amd 2005 No. 10 s 50 sch 92 Taking 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). Division 4 Miscellaneous provisions 93 When 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. 94 When 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. 95 Notice 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.

Part 6 Procedures following end of sentence or parole 96 Application 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. 97 Chapter does not affect parole Nothing in this chapter prevents the classified patient from being paroled. 98 Administrator 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. 99 When 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 125 100 Notice 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;

Part 6A Procedures following end of lawful custody without charge pt 6A (ss 100A–100D) ins 2006 No. 46 s 126 100A Application 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 100B Administrator 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 100C When 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 100D Notice 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;

pt 6A (ss 100A–100D) ins 2006 No. 46 s 126 Part 7 Detention in authorised mental health service during trial 101 Court 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. 102 Who 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. 103 When 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.

104 When 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.

105 How long agreement for detention is in force An agreement for detention for a person is in force for 7 days after it is made. 106 Taking 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 2 107 Detention 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. Chapter 4 Treatment and care of patients ch hdg sub 2011 No. 13 s 270 sch 2 pt 2 Part 1 Involuntary treatment orders Division 1 Making and effect of involuntary treatment orders 108 Making 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. 109 Category 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. 110 Treatment plan for patient The authorised doctor must ensure a treatment plan is prepared for the patient. 111 Authorised 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—

1 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.

2 For 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 2 112 Second 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 2 113 Notice 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

(2) Subsection (1) applies to an involuntary treatment order to which section 112 applies only if the order is confirmed under the section. 114 Detention 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. 115 Treatment under treatment plan The administrator of the treating health service must ensure the patient is treated as required under the patient’s treatment plan. 116 Regular 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 2 117 Noncompliance 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 2 118 Duration 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

(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 Division 2 Changing category of involuntary treatment orders 119 Change 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—

(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 2 120 Notice 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;

(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). Division 3 Revoking involuntary treatment orders 121 Revocation 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. 122 Revocation 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. 123 Notice 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;

(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.

Part 2 Treatment plans Division 1 Preparing and changing treatment plans 124 Preparing 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

(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 214 125 Change 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.

(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 129 Authorising 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;

(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;

(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 6 130 Limited 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. 131 What 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

(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 131A Director 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;

(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 131B Confidentiality 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 62 132 Particular 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. Part 3 Regulated and prohibited treatments pt hdg amd 2011 No. 13 s 270 sch 2 pt 2 Division 1 Informed consent 133 Requirements 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. 134 Capacity to give informed consent The person must have capacity to give informed consent. 135 Consent to be written Informed consent must be in writing signed by the person. 136 Consent 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.

137 Explanation 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

Division 2 Electroconvulsive therapy 138 Offence 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. 139 Performance 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 106 140 Performance 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. Division 3 Other treatments div hdg (prev ch 4, pt 3, div 5 hdg) renum 2011 No. 13 s 270 sch 2 pt 2 161 Psychosurgery (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.

162 Prohibited 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. Chapter 4A Restraint and seclusion of patients ch hdg ins 2011 No. 13 s 270 sch 2 pt 2 Part 1 Restraint pt hdg (prev ch 4, pt 3, div 3 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162A Meaning 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 162B Approval 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 162C Offence 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 162D Doctor 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 162E How 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;

(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 162F Use 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 162G Obligations 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

(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 162H Removal 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 162I Administrator 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 Part 2 Seclusion pt hdg (prev ch 4, pt 3, div 4 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 Division 1 Interpretation div hdg (prev ch 4, pt 3, div 4, sdiv 1 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162J Meaning 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 Division 2 Prohibition of seclusion div hdg (prev ch 4, pt 3, div 4, sdiv 2 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162K Offence 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 Division 3 Authorisation of seclusion div hdg (prev ch 4, pt 3, div 4, sdiv 3 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162L Who 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 162M When 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 162N Patient’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 Division 4 Provisions about seclusion authorised by doctor div hdg (prev ch 4, pt 3, div 4, sdiv 4 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162O Seclusion 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

(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 162P Observation 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 162Q When 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 Division 5 Provisions about seclusion authorised by senior registered nurse div hdg (prev ch 4, pt 3, div 4, sdiv 5 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162R Seclusion 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 162S Observation 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 Division 6 General provisions about seclusion div hdg (prev ch 4, pt 3, div 4, sdiv 6 hdg) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162T Nurse 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

s 162T (prev s 158) reloc and renum 2011 No. 13 s 270 sch 2 pt 2 162U Use 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 162V Ending 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 162W Administrator 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 Chapter 5 Moving, transfer and temporary absence of patients Part 1 Moving and transfer of patients Division 1 Moving patients within authorised mental health services 163 Involuntary 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 2 164 Administration of medication while being moved in an authorised mental health service s 164 om 2011 No. 13 s 223 Division 2 Transfers between authorised mental health services 165 Transfer 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. 166 Transfer 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 167 Transfers 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 2 168 Taking 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 2 169 Notice 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 Division 2A Transfers from authorised mental health service to forensic disability service div hdg ins 2011 No. 13 s 224 Subdivision 1 Transfer order by director sdiv 1 (ss 169A–169C) ins 2011 No. 13 s 224 169A Transfer 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 169B Director 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 169C Administrator 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 Subdivision 2 Application to tribunal for transfer order 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 169D Application 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 169E Notice 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);

(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

(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 169F Deciding 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 169G Decision 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 169H Certificate 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 169I Notice 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;

(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

(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 Subdivision 3 Taking patient to forensic disability service etc. sdiv 3 (ss 169J–169K) ins 2011 No. 13 s 224 169J Taking 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—

1 See the definition transfer order in the schedule.

2 For 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 169K Giving 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;

(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 Subdivision 4 Continuation of forensic order and particular procedures for patient transferred to forensic disability service sdiv 4 (ss 169L–169M) ins 2011 No. 13 s 224 169L Continuation 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 169M Continuation 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 Division 2B Administration of medication for particular purposes div 2B (s 169N) ins 2011 No. 13 s 224 169N Administration 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 Division 3 Moving and transfer of patients out of Queensland 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 Subdivision 1 Interpretation 170 Application 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.

Subdivision 2 Moving of patients out of Queensland 171 Application 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;

(d) the director.

172 Notice 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;

(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

(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.

173 Tribunal’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. 174 Notice 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;

(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

(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 10 175 Effect 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. Part 2 Interstate application of mental health laws Division 1 Preliminary 176 Interstate 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;

(2) The Minister must, by gazette notice, give notice of the making of the agreement and its terms. Division 2 Making involuntary treatment orders and exercise of powers 177 Involuntary 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. 178 Queensland 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. 179 Interstate 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. Division 3 Interstate admissions and transfers of persons and patients 180 Admission 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 2 181 Transfer 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

(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 2 182 Admission 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 2 183 Transfer 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 Division 4 Apprehension and return of persons 184 Apprehension 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 2 185 Apprehension 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 Part 3 Temporary absences 186 Absence 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

(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 Chapter 6 Tribunal reviews and treatment applications ch hdg amd 2007 No. 54 s 3 sch Part 1 Reviews by tribunal for patients under involuntary treatment orders 187 When 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.

(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. 188 Application 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. 189 Notice 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;

(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

(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.

190 Matters 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 191 Decisions 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;

s 191 amd 2013 No. 7 s 63 192 Notice 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;

(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

(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 12 193 Decision 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);

(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 Part 2 Reviews by tribunal for young patients detained in high security units 194 When 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. 195 Application 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. 196 Notice 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;

(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

(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.

197 Decision 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;

s 197 amd 2011 No. 13 s 270 sch 2 pt 2 198 Notice 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;

(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

(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 13 199 Decision 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).

Part 3 Reviews by tribunal for forensic patients 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 2 200 When 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. 201 Application 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. 202 Notice 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;

(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

(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.

203 Decisions 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;

(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—

1 a victim of an offence alleged to have been committed by the patient

2 the 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;

(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;

(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 203A Tribunal 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 226 204 Restrictions 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;

(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

(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 204A Certificate 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 228 205 Notice 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;

(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

(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 15 206 Decision 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;

207 When patient ceases to be forensic patient If the tribunal revokes the forensic order for the patient, the patient ceases to be a forensic patient. Part 4 Reviews by tribunal of mental condition of persons to decide fitness for trial 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 Division 1 Conduct of reviews 208 Application 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). 209 When 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. 210 Application 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. 211 Notice 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;

(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

(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 113 212 Decision 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 114 213 Notice 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;

(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

(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 Division 2 Procedures following reviews 214 Attorney-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.

215 Proceedings 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).

216 Effect 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;

(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 2 217 Proceedings 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. 218 When 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 2 219 Effect 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.

220 Patients to whom pt 5 applies s 220 amd 2001 No. 78 s 116 om 2007 No. 54 s 9 221 Tribunal may make notification order s 221 om 2007 No. 54 s 9 222 Deciding application s 222 om 2007 No. 54 s 9 223 Restriction on making notification order s 223 amd 2001 No. 78 s 117; 2007 No. 28 s 30 om 2007 No. 54 s 9 224 Matters to be considered by tribunal in making notification order s 224 amd 2001 No. 78 s 102 sch 2 om 2007 No. 54 s 9 225 Order may impose conditions s 225 om 2007 No. 54 s 9 226 Notice of order or decision to refuse s 226 amd 2001 No. 78 s 118; 2005 No. 10 s 17 om 2007 No. 54 s 9 227 Executive officer to give notices under order s 227 om 2007 No. 54 s 9 Part 5 NOTIFICATION ORDERS pt hdg om 2007 No. 54 s 9 Division 1 Interpretation div hdg om 2007 No. 54 s 9 Division 2 Making of notification orders div hdg om 2007 No. 54 s 9 Division 3 Variation and revocation div 3 (s 228) om 2007 No. 54 s 9 228 div 3 (s 228) om 2007 No. 54 s 9 Part 5A Non-contact orders pt hdg ins 2001 No. 78 s 119 228A Application 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 228B Tribunal 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;

(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 228C Restrictions 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.

(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 228D Non-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

(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 228E Executive 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 228F Variation 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

(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 228G Offence 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 Part 6 Treatment applications 229 Application 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 2 230 Application 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. 231 Time 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. 232 Notice 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;

(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

(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 120 233 Decision 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 2 234 Notice 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

(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 Chapter 7 Examinations, references and orders for persons charged with offences 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 Part 1 Interpretation 235 Definitions 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 235A References 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 Part 2 Procedures for particular involuntary patients charged with offences Division 1 Preliminary 236 Application 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. 237 Notice 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;

(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;

s 237 amd 2001 No. 78 s 122; 2005 No. 10 s 50 sch; 2011 No. 13 s 270 sch 2 pt 2 237A Copies 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

(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 Division 2 Examination of patient and procedures following examination 238 Examination 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

(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 2 239 Administrator 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 239A Obtaining 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 14 240 Director 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 15 241 Director 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 16 242 Reference 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 Division 3 Miscellaneous 243 Suspension 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

(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 244 Bail, 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

(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 120 245 Notice 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;

s 245 amd 2005 No. 10 s 50 sch; 2011 No. 13 s 270 sch 2 pt 2 245A Notice 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 Part 3 Procedure on reference to director of public prosecutions pt hdg amd 2007 No. 54 s 3 sch 245B Definition 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 18 246 Application 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 247 Director 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 19 248 Notice 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 249 How 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 20 250 Effect 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

(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 251 Effect 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 252 Notice 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

(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 252A Continuation 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 2 253 When 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 254 Notice 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;

255 Prosecution 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). Part 4 References to Mental Health Court generally 256 Application 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.

257 Reference 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

(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 229 258 How 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. 259 Suspension 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. 260 Bail, 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

(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 Part 5 Withdrawal of references to Mental Health Court 261 Withdrawal 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.

262 Notices 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;

263 Court’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. Part 6 Inquiries on references to Mental Health Court Division 1 Preliminary 264 Notices 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 2 265 Documents 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. 266 Notice 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;

(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;

Division 2 Hearing of reference by Mental Health Court 267 Mental 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. 268 Reasonable 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. 269 Dispute 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.

270 When 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. 271 Mental 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. Division 3 Provisions about continuing proceedings Subdivision 1 Orders about continuing proceedings and custody 272 When 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. 273 Orders 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 Subdivision 2 Detention in authorised mental health service 274 Application 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. 275 Mental 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 126 276 Notice of order The registrar must give written notice of the court’s order to the director. 277 Detention under order The patient may be detained under the court’s order in the patient’s treating health service. 278 Treatment 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.

(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. 282 Particular 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.

283 Proceedings 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.

Division 6 Material submitted by victims or concerned persons etc. div hdg amd 2007 No. 28 s 33 284 Submission 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

(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

(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 34 285 Reasons 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 Division 7 Miscellaneous provisions 286 Notices 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;

(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 286A Notice 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 2 287 When 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 Part 7 Forensic patients Division 1 Forensic orders by Mental Health Court 288 Mental Health Court may make forensic order (1) This section applies if, on a reference, the Mental Health Court decides a person charged with an indictable offence—

(a) was of unsound mind when the alleged offence was committed; or

(b) is unfit for trial for the alleged offence and the unfitness for trial is of a permanent nature; or

(2) The court may make an order in accordance with this division (a forensic order (Mental Health Court) or a forensic order (Mental Health Court—Disability)) for a person mentioned in subsection (1) (a) or (b) that the person be detained for involuntary treatment or care. (3) The court must make an order in accordance with this division (also a forensic order (Mental Health Court) or a forensic order (Mental Health Court—Disability)) for a person mentioned in subsection (1) (c) that the person be detained for involuntary treatment or care. (4) In deciding whether to make an order under subsection (2), the court must have regard to the following—

(a) the seriousness of the offence;

(b) the person’s treatment or care needs;

(5) After deciding to make an order under subsection (2), or for the purpose of making an order as required under subsection (3), the court must consider whether the person’s unsoundness of mind or unfitness for trial is a consequence of an intellectual disability. (6) If the court does not consider the person’s unsoundness of mind or unfitness for trial is a consequence of an intellectual disability, the order—

(a) must be a forensic order (Mental Health Court); and

(b) must state that the person is to be detained in a stated authorised mental health service for involuntary treatment or care.

(7) If the court considers the person’s unsoundness of mind or unfitness for trial is a consequence of an intellectual disability, the order—

(a) must be a forensic order (Mental Health Court—Disability); and

(b) subject to subsections (8) and (9), must state which of the following services the person is to be detained in for care—

(i) the forensic disability service;

(ii) a stated authorised mental health service.

(8) In deciding whether a forensic order (Mental Health Court—Disability) is to state that the person is to be detained in the forensic disability service for care, the court must have regard to the following—

(a) whether the person 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 person is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.

(9) A forensic order (Mental Health Court—Disability), must not state that the person to whom the order relates be detained in the forensic disability service for care unless a certificate given to the court under section 288AA states that the forensic disability service has the capacity for the person’s detention and care. (10) To remove any doubt, it is declared that the court is not required to have regard to the matters mentioned in subsection (8) (a) and (b), or a certificate given to the court under section 288AA, in deciding whether to make an order under subsection (2). (11) A forensic order (Mental Health Court) or a forensic order (Mental Health Court—Disability) must be in the approved form. (12) 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 288 amd 2004 No. 52 s 96 sub 2011 No. 13 s 230 288AA Certificate of forensic disability service availability (1) This section applies for the purpose of the Mental Health Court deciding whether a forensic order (Mental Health Court—Disability) is to state that the person to whom the order relates is to be detained in the forensic disability service for care. (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 person’s detention and care. (3) The director (forensic disability) may give the certificate to the court. (4) The court may ask the director (forensic disability) to give the court a certificate of the chief executive (forensic disability) stating whether or not the forensic disability service has the capacity for the person’s detention and care. (5) If the court makes a request under subsection (4), the director (forensic disability) must give the certificate to the court within—

(a) 7 days after receiving the request; or

(b) any longer period allowed by the court.

s 288AA ins 2011 No. 13 s 230 288A Effect of new forensic order on existing forensic order (1) This section applies if—

(a) the Mental Health Court makes a forensic order for a patient; and

(b) a forensic order is already in force for the patient.

(2) If there is any inconsistency between the new forensic order and the old forensic order to the extent of—

(a) any limited community treatment ordered or approved under the orders; or

(b) the place of detention under the orders;

the new forensic order prevails over the old forensic order to the extent of the inconsistency. s 288A ins 2005 No. 10 s 19 amd 2011 No. 13 s 231 288B Mental Health Court may approve interstate move of patient (1) If the Mental Health Court is making a forensic order mentioned in section 288 (2) for a patient, the court may, under the order, approve that the patient move out of Queensland. (2) However, the court 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 court may impose the reasonable conditions on the approval the court considers appropriate. s 288B ins 2005 No. 10 s 19 289 Mental Health Court may order, approve or revoke limited community treatment (1) The Mental Health Court may, under the forensic order for the patient, decide to do any 1 or more of the following—

(a) order that the patient have limited community treatment subject to the reasonable conditions the court considers appropriate;

(b) approve limited community treatment for the patient subject to the reasonable conditions the court considers appropriate;

(2) Without limiting subsection (1) (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—

1 a victim of an offence alleged to have been committed by the patient

2 the spouse or a relative or dependant of the patient

(3) In deciding whether to make an order under subsection (1) (a) or (b), the court must consider whether the order should be subject to a condition mentioned in subsection (2). (4) However, the court must not order or 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. (5) Also, the court must not order or approve limited community treatment for a patient mentioned in section 288 (1) (c) 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

(6) In deciding whether to order or approve limited community treatment for a patient, the court must have regard to the following—

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

(b) the offence leading to the making of the forensic order for the patient;

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

s 289 amd 2001 No. 78 s 129; 2005 No. 10 s 20; 2011 No. 13 s 270 sch 2 pt 2 290 Effect of forensic order on involuntary treatment order On the making of the forensic order for the patient, any involuntary treatment order in force for the patient before the making of the forensic order ends. 291 Registrar to give notice of order The registrar must give written notice of the forensic order to the following—

(a) the parties to the proceeding for the reference;

(b) the Attorney-General;

(d) the tribunal;

(e) the administrator of the authorised mental health service stated in the order;

(f) if, before the making of the order, the patient was in other lawful custody—the patient’s custodian;

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

s 291 amd 2005 No. 10 s 50 sch 292 Taking patient to authorised mental health service (1) A police officer, correctional officer, health practitioner or detention centre officer may take the patient to the authorised mental health service stated in the forensic order for the patient. (2) A correctional officer, health practitioner 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 292 amd 2011 No. 13 s 270 sch 2 pt 2 293 Detention under order The patient may be detained in the authorised mental health service stated in the forensic order for the patient until the patient ceases to be a forensic patient. Note— See sections 207 (When patient ceases to be forensic patient) and 219 (Effect of continuing proceedings on forensic patient). 294 Order to be given effect The administrator of the patient’s treating health service must ensure the forensic order for the patient is given effect. Note— Giving effect to the order 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;

295 Administrator to give notice of order to patient’s allied person s 295 om 2011 No. 13 s 270 sch 2 pt 2 296 Treatment plan for patient s 296 om 2011 No. 13 s 270 sch 2 pt 2 297 Treatment or care under treatment plan s 297 om 2011 No. 13 s 270 sch 2 pt 2 298 Regular assessments of patient s 298 om 2011 No. 13 s 270 sch 2 pt 2 Division 2 Forensic orders following jury findings Subdivision 1 Preliminary 299 Application of div 2 This division applies if, on the trial of a person charged with an indictable offence—

(a) a jury has—

(i) under the Criminal Code, section 613, found the person not capable of understanding the proceedings at the trial for the reason that the person is of unsound mind (a section 613 finding); or

(ii) under the Criminal Code, section 645, found the person is not of sound mind (a section 645 finding); or

(iii) under the Criminal Code, section 647, found the person not guilty of the offence on account of the person being of unsound mind when the act or omission alleged to constitute the offence occurred (a section 647 finding); and

(b) a court has, under the relevant section of the Criminal Code—

(i) made an order (a forensic order (Criminal Code)) in relation to the person being kept in custody in an authorised mental health service; or

(ii) made an order (a custody order) in relation to the person being kept in custody in another place.

Subdivision 2 Notices of orders and references 300 Registrar of court to give notice of order Within 7 days after a forensic order (Criminal Code) or custody order is made, the registrar of the court that made the order must give notice of the order in the approved form to the chief executive for justice and the director. 301 Director to refer mental condition of particular persons to tribunal (1) Immediately after receiving the registrar’s notice, the director must refer the matter of the person’s mental condition to the tribunal. (2) However, this section does not apply to a person for whom a court has made a custody order following a section 647 finding. s 301 sub 2001 No. 78 s 130 Subdivision 3 Forensic orders by Minister 302 Minister may make forensic order for persons subject to custody order (1) This section applies to a person for whom a court has made a custody order. (2) If the Minister is satisfied it is necessary for the proper treatment or care of the person, the Minister may, by written order (a forensic order (Minister)), direct the person be admitted to, and detained in—

(a) a stated high security unit; or

(b) if the Minister is satisfied the person can be safely detained in an authorised mental health service that is not a high security unit—a stated authorised mental health service.

(3) A forensic order (Minister) must be in the approved form. 303 Effect of forensic order (Minister) On the making of the forensic order, the patient may be admitted to, and detained in, the patient’s treating health service for involuntary treatment or care until the patient ceases to be a forensic patient. Note— See sections 207 (When patient ceases to be forensic patient) and 219 (Effect of continuing proceedings on forensic patient). 304 Notice of forensic order (Minister) The Minister must give written notice of the making of the forensic order to the tribunal. 305 Taking patient to authorised mental health service (1) A police officer, correctional officer or detention centre officer may take the patient from the place of custody to the treating health service. (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 305 amd 2011 No. 13 s 270 sch 2 pt 2 Subdivision 4 Miscellaneous provisions sdiv hdg om 2011 No. 13 s 232 Division 3 Miscellaneous div hdg ins 2011 No. 13 s 232 Subdivision 1 General sdiv hdg ins 2011 No. 13 s 232 305A Meaning of special notification forensic patient A forensic patient is a special notification forensic patient if the offence leading to the making of the forensic order for the patient is an offence against one of the following provisions of the Criminal Code—

• section 300

• section 306

• section 328A (4), but only if the commission of the offence involved the death of another person

• section 349

• section 351.

s 305A ins 2007 No. 54 s 24 306 Administrator to give notice of forensic order to patient’s allied person The administrator of the patient’s treating health service must give notice of the following to the patient’s allied person—

(a) the making of the forensic order for the patient;

(b) any change to the forensic order under section 607.

s 306 amd 2011 No. 13 s 233 307 Treatment plan for patient An authorised doctor for the 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.

(a) the care of a patient subject to a forensic order (Mental Health Court—Disability) for the patient’s detention in an authorised mental health service; and

(b) the treatment and care of a special notification forensic patient in an authorised mental health service.

(3) The director must consult with the director (forensic disability) in preparing policies and practice guidelines mentioned in subsection (2) (a). (4) Failure to comply with subsection (3) does not affect the validity of the policy or practice guideline. (5) The director may amend the policies and practice guidelines issued or amended under this section. (6) If a policy or practice guideline is inconsistent with this Act, the policy or practice guideline is invalid to the extent of the inconsistency. s 309A ins 2007 No. 54 s 25 amd 2011 No. 13 s 234 Subdivision 2 Temporary detention of particular forensic disability clients sdiv 2 (ss 309B–309C) ins 2011 No. 13 s 235 309B Temporary detention in authorised mental health service (1) This section applies if a forensic disability client (the client) is taken to an authorised mental health service under the Forensic Disability Act, section 113 (2) (b) or (4). (2) The client may be detained in the health service for the period agreed between the director and the director (forensic disability). (3) Subject to subsection (4), the period agreed must not be more than 3 days. (4) The director and the director (forensic disability) may agree that the client be detained in the health service for longer than 3 days if—

(a) both the director and the director (forensic disability) are satisfied it is in the client’s best interests to do so having regard to the client’s health and safety; and

(b) the director (forensic disability) has given the director written notice detailing the arrangements for returning to the forensic disability service, before or at the end of the longer period, the responsibility for the client’s care.

(5) The director must give written notice of an agreement mentioned in subsection (2) or (4) to the administrator of the health service. sdiv 2 (ss 309B–309C) ins 2011 No. 13 s 235 309C Application of existing forensic order (1) While a forensic disability client is detained in an authorised mental health service under section 309B (2)—

(a) the client’s applicable forensic order applies as if it were an order for the client’s detention in the health service for care; and

(b) the applicable forensic order and this Act are to be read with the changes necessary for the client’s detention and care in the health service; and

(2) Also, while the client is detained in an authorised mental health service under section 309B (2), any authorisation under the Forensic Disability Act, section 20, or any order or approval of the tribunal or Mental Health Court, that is in force for limited community treatment for the client continues as if the authorisation, order or approval were given or made for the client, as a patient, under this Act. (3) Without limiting subsection (1) or (2), for the purpose of giving effect to the applicable forensic order or authorisation, order or approval mentioned in subsection (2) while the client is detained in the health service, a person may exercise a power, and has the obligations, under this Act in relation to the client as if the client were a forensic patient. (4) At the end of the client’s period of detention in the health service under section 309B (2)—

(a) the Forensic Disability Act applies to the client; and

(b) the client—

(i) is to be detained in the forensic disability service under the applicable forensic order; or

(ii) may undertake any limited community treatment under an authorisation that is in force for the client under the Forensic Disability Act, section 20 or an order of the tribunal or Mental Health Court that is in force for the client.

(5) However, subsection (4) does not apply if the client is transferred to an authorised mental health service under the Forensic Disability Act, section 34. (6) In this section— applicable forensic order means the client’s applicable forensic order within the meaning of the Forensic Disability Act. sdiv 2 (ss 309B–309C) ins 2011 No. 13 s 235 Part 8 Right to trial retained 310 Application of pt 8 This part applies if the Mental Health Court decides a person charged with an offence was of unsound mind when the offence was committed. 311 Person may elect to go to trial (1) Despite the court’s decision, the person may elect to be brought to trial for the offence. (2) The election must be made by giving the Attorney-General a notice in the approved form within 28 days after the person receives written notice of the court’s decision. 312 Attorney-General’s powers on election to go to trial The Attorney-General must ensure proceedings against the person for the offence are continued according to law within 28 days after receiving the patient’s election to go to trial. 313 Effect of election to go to trial when proceedings continued A forensic order for the patient continues in force until a decision is made on the proceedings against the person for the offence. Part 8A Non-contact orders pt hdg ins 2001 No. 78 s 131 313A Application of pt 8A This part applies if, on a reference, the Mental Health Court—

(a) decides a person charged with a personal offence—

(i) was of unsound mind when the alleged offence was committed; or

(ii) is unfit for trial for the alleged offence and the unfitness for trial is of a permanent nature; and

(b) does not make a forensic order for the person.

Note— The court must have regard to the matters mentioned in section 288 (4) in deciding whether to make a forensic order for the person. s 313A ins 2001 No. 78 s 131 amd 2011 No. 13 s 270 sch 2 pt 2 313B Mental Health Court may make non-contact order (1) The Mental Health Court 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;

(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 court’s decision to make a non-contact order against the person must be made as part of the reference but is separate from, and not material to, the decision whether to make a forensic order for the person. s 313B ins 2001 No. 78 s 131 amd 2007 No. 28 s 37 313C Restrictions on making non-contact order (1) The Mental Health Court must not make a non-contact order against the person unless it is satisfied it is appropriate in all the circumstances. (2) In deciding whether it is appropriate to make a non-contact order against the person, the court must consider—

(a) the views of the following persons—

(i) if the court 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 court is considering making the order;

(ii) the associate in whose favour the court is considering making the order;

(iii) the person; and

s 313C ins 2001 No. 78 s 131 amd 2007 No. 28 s 38; 2012 No. 5 s 230 sch 1 pt 2 313D Non-contact order and reasons to be given to particular persons If the Mental Health Court decides to make a non-contact order against the person, the registrar of the court must give—

(a) a copy of the order, and written reasons for making the order, to the interested persons for the order; and

(b) a copy of the order to the commissioner of the police service.

s 313D ins 2001 No. 78 s 131 313E Registrar to file non-contact order The registrar must file a copy of the non-contact order, together with the Mental Health Court’s reasons for making the order, in the Magistrates Court stated in it. s 313E ins 2001 No. 78 s 131 313F Variation 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

(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 making 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 313F ins 2001 No. 78 s 131 313G Offence 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 313G ins 2001 No. 78 s 131 Part 9 Admissibility and use of evidence 314 Definition for pt 9 In this part— expert’s report includes a clinical record relevant to a person’s mental condition. 315 Admissibility of expert’s report at trial An expert’s report received in evidence by the Mental Health Court on a reference is admissible at the trial of the person for an alleged offence only—

(a) for deciding whether—

(i) the person is wanting of understanding, for the application of the Criminal Code, section 613; or

(ii) the person is not of sound mind, for the application of the Criminal Code, section 645; or

(iii) the person was of unsound mind or diminished responsibility, when the alleged offence was committed; or

(iv) the person should be detained in an authorised mental health service under a forensic order (Criminal Code); or

(v) a court assessment order should be made for the person; or

(b) for sentencing the person.

316 Particular statements not admissible in any proceeding (1) A statement made by the person the subject of a reference at the hearing of the reference is not admissible in evidence in any civil or criminal proceeding against the person. (2) Subsection (1) applies to statements made orally or in writing and whether under oath or otherwise. (3) However, subsection (1) does not apply to a proceeding for contempt of the Mental Health Court or an offence against the Criminal Code, chapter 16. 317 Mental condition may be raised, but court’s decision not admissible, at trial (1) A decision by the Mental Health Court on a reference of a person’s mental condition does not prevent the person from raising the person’s mental condition at the person’s trial for the alleged offence the subject of the reference. (2) If the issue of the person’s mental condition is raised at the person’s trial, the Mental Health Court’s decision is not admissible in evidence. 318 Use of expert’s report received by Mental Health Court (1) An expert’s report received in evidence by the Mental Health Court on a reference of a person’s mental condition may be given to—

(a) the administrator of the authorised mental health service responsible for the treatment or care of the person; or

(b) the tribunal for conducting a review or making a forensic information order.

(2) The report may be given to, and used by, another person only with the leave of the court. (3) The court may grant the leave subject to the conditions it considers appropriate. s 318 amd 2007 No. 54 s 3 sch; 2011 No. 13 s 270 sch 2 pt 2 Chapter 7A Classified patient information orders and forensic information orders ch hdg ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 Part 1 Classified patient information orders pt hdg ins 2007 No. 54 s 27 Division 1 Interpretation div 1 (ss 318A–318B) ins 2007 No. 54 s 27 318A Definitions for pt 1 In this part— applicant’s nominee see section 318C (4). classified patient information see section 318C (1). div 1 (ss 318A–318B) ins 2007 No. 54 s 27 318B Reference to person for whom a classified patient information order is made In this part, a reference to a person for whom a classified patient information order is made is a reference to a person who has successfully applied under section 318C (1) for the order. div 1 (ss 318A–318B) ins 2007 No. 54 s 27 Division 2 Making of classified patient information orders div 2 (ss 318C–318H) ins 2007 No. 54 s 27 318C Director may make classified patient information order (1) Subject to this division, the director may, on application made to the director by an eligible person, make an order (a classified patient information order) about a classified patient that the eligible person may be given notice of any of the following information (the classified patient information)—

(a) the fact that the patient is detained in an authorised mental health service as a classified patient;

(b) the fact that an approval has been given, under section 129 (2) (b), for limited community treatment for the patient;

(i) the applicant; or

(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient—the direct victim;

(d) the fact that the approval mentioned in paragraph (b) has been withdrawn under section 129 (6);

(e) the fact that the patient is absent without approval, or is no longer absent without approval, under this or another Act, if the fact of the absence is relevant to—

(i) the applicant; or

(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient—the direct victim;

(f) the fact that the patient has ceased to be a classified patient, the reason for the cessation, and the date of the cessation;

(g) the fact that the patient has been transferred from one authorised mental health service to another authorised mental health service under section 166, and the date of the transfer.

(2) If a classified patient information order is made about the classified patient, the classified patient information given under subsection (1) to the person for whom the order is made must not include any of the following information—

(a) the name or address of the in-patient facility at which the patient is being detained under this Act;

(b) if an approval has been given, under section 129 (2) (b), for limited community treatment for the patient and, under the approval, the patient is residing at a place other than the patient’s treating health service—the name or address of the place, or the name or contact details of any other person residing at the place;

(d) information about the treatment or care of the patient at the patient’s treating health service.

(3) The application must—

(a) be made in the approved form; and

(b) be accompanied by a declaration signed by the applicant stating that the applicant will not disclose, for public dissemination, any classified patient information relating to the classified patient disclosed to the applicant under this part.

(4) The application may be accompanied by a document nominating a person (the applicant’s nominee) to receive the classified patient information for the applicant. (5) For a nomination under subsection (4) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any classified patient information relating to the classified patient disclosed to the nominee under this part. (6) In this section— eligible person means—

(a) a direct victim of an alleged offence allegedly committed by the classified patient; or

(b) if a direct victim of an alleged offence allegedly committed by the classified patient is a minor or has a legal incapacity—the direct victim’s parent or guardian; or

(c) if a direct victim of an alleged offence allegedly committed by the classified patient has died as a result of the offence—an immediate family member of the direct victim; or

(d) a person who, immediately before the patient becoming a classified patient, was an eligible person in relation to the patient under the Corrective Services Act 2006 .

div 2 (ss 318C–318H) ins 2007 No. 54 s 27 318D Application by minor (1) Subject to section 318E, if the application is made by a minor, the director may make a classified patient information order about the classified patient if the director reasonably believes it is in the minor’s best interests for the order to be made. (2) The director must consult with a parent or guardian of the minor in deciding what is in the minor’s best interests. (3) Subsection (2) does not apply if—

(a) the director is satisfied it would be inappropriate in all the circumstances to consult with a parent or guardian of the minor; or

(b) the applicant has made the application on behalf of a child of the applicant.

div 2 (ss 318C–318H) ins 2007 No. 54 s 27 318E Restriction on making classified patient information order The director must refuse to grant the application if the director reasonably believes disclosure of classified patient information to the applicant or applicant’s nominee is likely to—

(a) cause serious harm to the classified patient’s health; or

(b) put the safety of the patient or someone else at serious risk.

div 2 (ss 318C–318H) ins 2007 No. 54 s 27 318F Patient to be given opportunity to make submission (1) Before deciding the application, the director must give the classified patient a reasonable opportunity to make a submission to the director about the matters mentioned in section 318E. (2) However, the director is not required to comply with subsection (1) if the director reasonably believes that the patient being aware that the application has been made is likely to—

(a) have an adverse effect on the health of the applicant or patient; or

(b) put the safety of the applicant, patient or someone else at risk.

div 2 (ss 318C–318H) ins 2007 No. 54 s 27 318G Notice of decision on application (1) Within 21 days after deciding the application, the director must give a written notice of the decision to each of the following persons—

(a) the applicant;

(b) the classified patient;

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

(e) if the director reasonably believes the patient has a personal attorney—the attorney;

(f) if the director reasonably believes the patient has a personal guardian—the guardian;

(g) the administrator of the patient’s treating health service.

(2) However, the director is not required to comply with subsection (1) in relation to the persons mentioned in subsection (1) (b) to (f) if the director reasonably believes that complying with the subsections is likely to—

(a) have an adverse effect on the health of the applicant or patient; or

(b) put the safety of the applicant, patient or someone else at risk.

(3) If the director decides to refuse to grant the application, the director must within 21 days also give the applicant written notice of the director’s reasons for the decision. (4) For subsections (1) and (3), if requested by the applicant, the director must give the notices under the subsections to the applicant’s nominee instead of the applicant. (5) If the classified patient asks the director for the reasons for the director’s decision to grant or refuse to grant the application, the director must within 21 days give written notice of the reasons to the patient. (6) However, the director is not required to comply with subsection (5) if the director reasonably believes that complying with the subsection is likely to—

(a) have an adverse effect on the health of the applicant or patient; or

(b) put the safety of the applicant, patient or someone else at risk.

div 2 (ss 318C–318H) ins 2007 No. 54 s 27 318H Nominee to receive classified patient information (1) At any time after a classified patient information order is made about a classified patient, the person (the relevant person) for whom the order is made may give the director a document nominating a person to receive classified patient information relating to the patient for the relevant person. (2) For a nomination under subsection (1) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any classified patient information relating to the classified patient disclosed to the nominee under this part. (3) A nomination under this section supersedes any other nomination made by the relevant person under this section or section 318C (4). div 2 (ss 318C–318H) ins 2007 No. 54 s 27 Division 3 Revocation of classified patient information orders div 3 (ss 318I–318K) ins 2007 No. 54 s 27 318I Mandatory revocation The director must revoke a classified patient information order about a classified patient if—

(a) the patient ceases to be a classified patient; or

(b) the patient dies, and the director becomes aware of the death; or

(d) the relevant person asks the director to revoke the order; or

(e) the director reasonably believes disclosure of classified patient information relating to the patient to the relevant person, or any person nominated under section 318C (4) or 318H (1) to receive the information for the relevant person, is likely to—

(i) cause serious harm to the patient’s health; or

(ii) put the safety of the patient or someone else at serious risk.

div 3 (ss 318I–318K) ins 2007 No. 54 s 27 318J Discretionary revocation (1) The director may revoke a classified patient information order about a classified patient. (2) However, before revoking the order, the director must—

(a) give the person (the relevant person) for whom the order is made a written notice stating the grounds on which the order is proposed to be revoked; and

(b) give the relevant person a reasonable opportunity to make a submission to the director about why the order should not be revoked.

div 3 (ss 318I–318K) ins 2007 No. 54 s 27 318K Notice of revocation (1) If, under section 318I or 318J, the director revokes a classified patient information order about a classified patient, the director must within 7 days give each of the following persons written notice of the revocation and the grounds for the revocation—

(a) the person for whom the order is made;

(b) the patient;

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

(e) if the director reasonably believes the patient has a personal attorney—the attorney;

(f) if the director reasonably believes the patient has a personal guardian—the guardian;

(g) any person nominated under section 318C (4) or 318H (1) to receive the classified patient information under the order for the person mentioned in paragraph (a);

(h) the administrator of the patient’s treating health service.

(2) However, the director is not required to comply with subsection (1) in relation to the persons mentioned in subsection (1) (b) to (f) if the director did not, under section 318G (1), notify the persons of the decision made on the application for the classified patient information order. div 3 (ss 318I–318K) ins 2007 No. 54 s 27 Division 4 Miscellaneous div hdg ins 2007 No. 54 s 27 318L Disclosure of confidential information For the Hospital and Health Boards Act 2011 , section 143, the disclosure of information under a classified patient information order is a disclosure permitted by an Act. s 318L ins 2007 No. 54 s 27 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) Part 2 Forensic information orders Note— See the Forensic Disability Act, sections 134 and 139 for the application of this part for the purpose of that Act. pt 2 note ins 2011 No. 13 s 270 sch 2 pt 2 pt hdg ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 Division 1 Interpretation div hdg ins 2007 No. 54 s 27 318M Definitions for pt 2 In this part— applicant’s nominee see section 318O (4). eligible person see section 318O (7). forensic information see section 318O (1). def forensic information amd 2011 No. 13 s 270 sch 2 pt 2 s 318M ins 2007 No. 54 s 27 318N Reference to person for whom a forensic information order is made In this part, a reference to a person for whom a forensic information order is made is a reference to a person who has successfully applied under section 318O (1) for the order. s 318N ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 Division 2 Making of forensic information orders div hdg ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318O Tribunal may make forensic information order (1) Subject to this division, the tribunal may, on application made to it by a person, make an order (a forensic information order) about a forensic patient that the person be given notice of the following information (the forensic information)—

(a) when a review for the patient is to be carried out;

(b) the revocation or confirmation, under section 203 (1), of the forensic order for the patient;

(c) the fact that an application has been made under section 171 for an approval for the patient to move out of Queensland;

(d) the fact that an approval has been given, under this Act, for the patient to move out of Queensland;

(e) the fact that the patient has been transferred from one authorised mental health service to another authorised mental health service under section 166, and the date of the transfer;

(f) the fact that the patient has been transferred from an authorised mental health service to the forensic disability service under a transfer order, and the date of the transfer;

(g) the fact that the patient has been transferred, under an interstate agreement, to another State;

(h) the fact that an order has been made, under this Act, that the patient have limited community treatment;

(i) the fact that an order has been made, under this Act, approving limited community treatment for the patient;

(j) any conditions on which an order mentioned in paragraph (h) or (i) has been made, if the director decides the conditions are relevant to the safety of—

(i) the applicant; or

(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient—the direct victim;

(k) the fact that an order has been made, under this Act, revoking an order or approval for limited community treatment for the patient;

(l) the fact that the patient is absent without approval, or is no longer absent without approval, under this or another Act, if the director decides the fact of the absence is relevant to—

(i) the applicant; or

(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient—the direct victim;

(m) the fact that the patient ceases to be a forensic patient, the reason for the cessation, and the date of the cessation.

(1A) An order made under subsection (1) about a forensic disability client who is detained in an authorised mental health service for more than 3 days under section 309B may also provide that the person be given notice of the fact that the client is detained temporarily in an authorised mental health service. (2) If a forensic information order is made about the forensic patient, the forensic information given under subsection (1) to the person for whom the order is made must not include any of the following information—

(a) the name or address of the in-patient facility at which the patient is being detained under this Act;

(b) if an order has been made or an approval has been given, under this Act, for limited community treatment for the patient and, under the order or approval, the patient is residing at a place other than the patient’s treating health service—the name or address of the place, or the name or contact details of any other person residing at the place;

(d) information about the treatment or care of the patient at the patient’s treating health service.

(3) The application must—

(a) be made in the approved form; and

(b) be accompanied by a declaration signed by the applicant stating that the applicant will not disclose, for public dissemination, any forensic information relating to the forensic patient disclosed to the applicant under this part.

(4) The application may be accompanied by a document nominating a person (the applicant’s nominee) to receive the forensic information for the applicant. (5) For a nomination under subsection (4) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any forensic information relating to the forensic patient disclosed to the nominee under this part. (6) Subject to section 318S, the tribunal must grant the application if it is made by an eligible person. (7) In this section— eligible person means—

(a) a direct victim of an alleged offence allegedly committed by the forensic patient; or

(b) if a direct victim of an alleged offence allegedly committed by the forensic patient is a minor or has a legal incapacity—the direct victim’s parent or guardian; or

(c) if a direct victim of an alleged offence allegedly committed by the forensic patient has died as a result of the offence—an immediate family member of the direct victim.

s 318O ins 2007 No. 54 s 27 amd 2011 No. 13 s 236 318P Application by minor (1) Subsection (2) applies if the application is made by a minor, whether the minor is an eligible person or not an eligible person. (2) The tribunal may make a forensic information order about the forensic patient if the tribunal reasonably believes it is in the minor’s best interests for the order to be made. (3) The tribunal must consult with a parent or guardian of the minor in deciding what is in the minor’s best interests. (4) Subsection (3) does not apply if—

(a) the tribunal is satisfied it would be inappropriate in all the circumstances to consult with a parent or guardian of the minor; or

(b) the applicant has made the application on behalf of a child of the applicant.

(5) This section applies subject to sections 318Q and 318S. s 318P ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318Q Application by person who is not an eligible person (1) This section applies if the application is made by a person who is not an eligible person. (2) Subject to section 318S, the tribunal must not make a forensic information order about the forensic patient unless the tribunal is satisfied the applicant has a sufficient personal interest in being given notice of forensic information about the patient. (3) Without limiting subsection (2), the tribunal must consider the following matters in deciding whether the applicant has a sufficient personal interest in being given notice of forensic information about the forensic patient—

(a) whether the patient represents a risk to the safety of the person for whom the order is to be made;

(b) whether it is likely the patient will come into contact with the person;

(d) whether the applicant is a relative of the patient;

(e) other matters the tribunal considers appropriate.

s 318Q ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318R Deciding application The application may be decided by—

(a) the tribunal constituted by the president on written material and submissions, without the applicant or forensic patient attending a hearing of the application; or

(b) the tribunal during a review carried out for the forensic patient or at a hearing conducted for the application.

s 318R ins 2007 No. 54 s 27 318S Restrictions on making forensic information order (1) The tribunal must refuse to grant the application if—

(a) the tribunal is satisfied it is frivolous or vexatious; or

(b) the tribunal reasonably believes disclosure of forensic information to the applicant or applicant’s nominee is likely to—

(i) cause serious harm to the forensic patient’s health; or

(ii) put the safety of the patient or someone else at serious risk.

(2) The tribunal may also refuse to grant the application if a forensic information order previously made for the applicant was revoked on a ground mentioned in section 318Z (1) (b) or (c). (3) However, before refusing to grant the application under subsection (2), the tribunal must give the applicant a reasonable opportunity to make a submission to the tribunal about why the tribunal should not refuse to grant the application. s 318S ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318T Tribunal may impose conditions The tribunal may impose the conditions on the forensic information order it considers appropriate. Note— The noncompliance by the person for whom the order is made with any conditions imposed, under this section or division 3, on the order is a ground for the revocation of the order under section 318Z (1). s 318T ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318U Notice of decision on application (1) If the tribunal decides to make a forensic information order about the forensic patient, the tribunal must within 7 days give a written notice of the decision to the persons mentioned in subsection (5). (2) The director must, within 21 days after receiving a notice under subsection (1), give a copy of the notice to the applicant. (3) If the tribunal decides to refuse to grant the application, the tribunal must within 7 days give the persons mentioned in subsection (5) a written notice stating the decision and the tribunal’s reasons for the decision. (4) The director must, within 21 days after receiving a notice under subsection (3), give a copy of the notice to the applicant. (5) For subsections (1) and (3), the persons are—

(a) the director; and

(b) the forensic patient; and

(d) if the patient is a minor or has a legal incapacity—a parent of the minor or the minor’s guardian; and

(e) if the president reasonably believes the patient has a personal attorney—the attorney; and

(f) if the president reasonably believes the patient has a personal guardian—the guardian; and

(g) the administrator of the patient’s treating health service; and

(h) the Attorney-General; and

(i) the chief executive for justice.

(6) For subsections (2) and (4), if requested by the applicant, the director must give copies of the notices under the subsections to the applicant’s nominee instead of the applicant. (7) The requirements under subsections (1) and (3) to give the notices under the subsections to the forensic patient are subject to a confidentiality order of the tribunal. (8) If subsection (7) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient’s allied person. s 318U ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318V Nominee to receive forensic information (1) At any time after a forensic information order is made about a forensic patient, the person (the relevant person) for whom the order is made may give the director a document nominating a person to receive forensic information relating to the patient for the relevant person. (2) For a nomination under subsection (1) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any forensic information relating to the forensic patient disclosed to the nominee under this part. (3) A nomination under this section supersedes any other nomination made by the relevant person under this section or section 318O (4). s 318V ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 Division 3 Changing conditions of forensic information orders div hdg ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318W Changing conditions—tribunal acting on own initiative (1) If the tribunal has made a forensic information order about a forensic patient, the tribunal may decide to change the conditions of the order imposed under section 318T or this division. (2) Before deciding to change the conditions, the tribunal must first give each relevant person a written notice (a notice of intention) stating the following—

(a) the proposed decision;

(b) the grounds for the proposed decision;

(c) an invitation to the person to make submissions to the tribunal within a reasonable time about why the proposed decision should not be made.

(3) However, for the person for whom the forensic information order is made, a notice of intention must be given by the tribunal to the director, who must then give it to the person. (4) If subsection (3) applies, the tribunal is taken to have given the notice of intention to the person for whom the forensic information order is made. (5) If, after giving each relevant person a notice of intention and taking into account any submissions made under subsection (2) (c), the tribunal decides to change the conditions, the tribunal must within 7 days give a written notice of the decision to—

(a) the director; and

(b) the forensic patient; and

(d) if the patient is a minor or has a legal incapacity—a parent of the minor or the minor’s guardian; and

(e) if the president reasonably believes the patient has a personal attorney—the attorney; and

(f) if the president reasonably believes the patient has a personal guardian—the guardian; and

(g) the administrator of the patient’s treating health service; and

(h) the Attorney-General; and

(i) the chief executive for justice.

(6) The director must, within 21 days after receiving a notice under subsection (5), give a copy of the notice to—

(a) the person for whom the forensic information order is made; and

(b) any person nominated under section 318O (4) or 318V (1) to receive the forensic information under the forensic information order for the person mentioned in paragraph (a).

(7) The change in the conditions takes effect on the day the director complies with subsection (6). (8) If, after giving each relevant person a notice of intention and taking into account any submissions made under subsection (2) (c), the tribunal decides not to change the conditions, the tribunal must within 7 days give a written notice of the decision to each relevant person. (9) However, for the person for whom the forensic information order is made, the notice mentioned in subsection (8) must be given by the tribunal to the director, who must then give it to the person. (10) The requirements under subsections (2), (5) and (8) to give the notices under the subsections to the forensic patient are subject to any confidentiality order of the tribunal mentioned in section 318U (7). (11) If subsection (10) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient’s allied person. (12) In this section— relevant person means each of the following—

(a) the person for whom the forensic information order is made;

(b) the director;

(d) the patient’s allied person.

s 318W ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318X Changing conditions—application by relevant person (1) If the tribunal has made a forensic information order about a forensic patient, a relevant person may apply in writing to the tribunal to change the conditions of the order imposed under section 318T or this division. (2) Before deciding the application, the tribunal must first give each relevant person, other than the applicant, the following—

(a) a copy of the application;

(b) an invitation to the person to make submissions to the tribunal within a reasonable time about the application.

(3) However, for the person for whom the forensic information order is made, the documents mentioned in subsection (2) must be given by the tribunal to the director, who must then give them to the person. (4) If subsection (3) applies, the tribunal is taken to have given the documents mentioned in subsection (2) to the person for whom the forensic information order is made. (5) If, after complying with subsection (2) and taking into account any submissions made under subsection (2) (b), the tribunal decides to grant the application, the tribunal must within 7 days give a written notice of the decision to—

(a) the director; and

(b) the forensic patient; and

(d) if the patient is a minor or has a legal incapacity—a parent of the minor or the minor’s guardian; and

(e) if the president reasonably believes the patient has a personal attorney—the attorney; and

(f) if the president reasonably believes the patient has a personal guardian—the guardian; and

(g) the administrator of the patient’s treating health service; and

(h) the Attorney-General; and

(i) the chief executive for justice.

(6) The director must, within 21 days after receiving a notice under subsection (5), give a copy of the notice to—

(a) the person for whom the forensic information order is made; and

(b) any person nominated under section 318O (4) or 318V (1) to receive the forensic information under the forensic information order for the person mentioned in paragraph (a).

(7) The change in the conditions takes effect on the day the director complies with subsection (6). (8) If, after complying with subsection (2) and taking into account any submissions made under subsection (2) (b), the tribunal decides to refuse to grant the application, the tribunal must within 7 days give a written notice of the decision to each relevant person. (9) However, for the person for whom the forensic information order is made, the notice mentioned in subsection (8) must be given by the tribunal to the director, who must then give it to the person. (10) If the application is made by a relevant person, other than the forensic patient, the requirements under subsections (2), (5) and (8) to give the documents or notices under the subsections to the patient are subject to any confidentiality order of the tribunal mentioned in section 318U (7). (11) If subsection (10) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient’s allied person. (12) In this section— relevant person means each of the following—

(a) the person for whom the forensic information order is made;

(b) the director;

(d) the forensic patient’s allied person.

s 318X ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 Division 4 Revocation of forensic information orders div hdg ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318Y Mandatory revocation The tribunal must revoke a forensic information order about a forensic patient if—

(a) the patient ceases to be a forensic patient; or

(b) the patient dies, and the president becomes aware of the death; or

(d) the relevant person asks the president to revoke the order; or

(e) the president reasonably believes disclosure of forensic information relating to the patient to the relevant person, or any person nominated under section 318O (4) or 318V (1) to receive the information under the order for the relevant person, is likely to—

(i) cause serious harm to the patient’s health; or

(ii) put the safety of the patient or someone else at serious risk; or

(f) the patient has, under an interstate agreement, been transferred to another State.

s 318Y ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318Z Discretionary revocation (1) The tribunal may revoke a forensic information order about a forensic patient if—

(a) the tribunal is unable, after making reasonable efforts, to locate—

(i) the person (the relevant person) for whom the order is made; and

(ii) any person (the relevant person’s nominee) nominated under section 318O (4) or 318V (1) to receive the forensic information under the order for the relevant person; or

(b) the relevant person or relevant person’s nominee has disclosed, for public dissemination, any forensic information relating to the patient disclosed to the applicant or nominee under this part; or

(2) However, before revoking a forensic information order on a ground mentioned in subsection (1) (b) or (c), the tribunal must give the relevant person a reasonable opportunity to make a submission to the tribunal about why the order should not be revoked. s 318Z ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 318ZA Notice of revocation (1) If, under section 318Y or 318Z, the tribunal revokes a forensic information order about a forensic patient, the tribunal must within 7 days give written notice of the revocation and the grounds for the revocation to—

(a) the director; and

(b) the forensic patient; and

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

(e) if the president reasonably believes the patient has a personal attorney—the attorney; and

(f) if the president reasonably believes the patient has a personal guardian—the guardian; and

(g) the administrator of the patient’s treating health service; and

(h) the Attorney-General; and

(i) the chief executive for justice.

(2) The director must, within 21 days after receiving a notice under subsection (1), give a copy of the notice to—

(a) the person for whom the forensic information order is made; and

(b) any person nominated under section 318O (4) or 318V (1) to receive the forensic information under the forensic information order for the person mentioned in paragraph (a).

(3) The requirement under subsection (1) to give the notice under the subsection to the forensic patient is subject to any confidentiality order of the tribunal mentioned in section 318U (7). (4) If subsection (3) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient’s allied person. s 318ZA ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2 Division 5 Miscellaneous div hdg ins 2007 No. 54 s 27 318ZB Disclosure of confidential information For the Hospital and Health Boards Act 2011 , section 143, the disclosure of information under a forensic information order is a disclosure permitted by an Act. s 318ZB ins 2007 No. 54 s 27 amd 2011 No. 13 s 270 sch 2 pt 2; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) Chapter 8 Appeals Part 1 Appeals against tribunal decisions Note— See the Forensic Disability Act, sections 135 and 139 for the application of this part for the purpose of that Act. pt 1 note ins 2011 No. 13 s 270 sch 2 pt 2 Division 1 Preliminary div hdg (prev div 1AA hdg) ins 2001 No. 78 s 132 (1) renum 2001 No. 78 s 132 (2) 318ZC Definition of patient for pt 1 In this part— patient includes a person who, immediately before the making of a decision appealed against, was an involuntary patient. s 318ZC (prev s 318A) ins 2001 No. 78 s 132 (1) renum 2007 No. 54 s 26 Division 2 Making and hearing appeals div hdg (prev div 1 hdg) renum 2001 No. 78 s 132 (2) 319 Decisions to which part applies This part applies to the following decisions—

(a) a review decision;

(b) a decision of the tribunal on a treatment application;

(d) a decision of the tribunal on an application under chapter 5, part 1, division 3, for approval that a patient move out of Queensland.

s 319 amd 2011 No. 13 s 237 320 Who may appeal The following persons may appeal to the Mental Health Court against a decision to which this part applies—

(a) a party to the proceeding for the decision;

(b) a person on behalf of the patient for whom the decision is made;

s 320 amd 2001 No. 78 s 102 sch 2 321 How to start appeal (1) The appeal is started by filing notice of appeal in the registry. (2) The notice of appeal must be filed—

(a) if the appellant is the director—within 60 days after the decision is made; or

(b) if paragraph (a) does not apply—within 60 days after the appellant receives written notice of the decision.

(3) The Mental Health Court may, at any time, extend the time for filing the notice of appeal. (4) The notice of appeal must—

(a) be in the approved form; and

(b) state fully the grounds of the appeal and the facts relied on.

s 321 amd 2005 No. 10 s 21 322 Notices of appeal and hearing (1) Within 7 days after the notice of appeal is filed, the registrar must give written notice of the appeal to the following persons—

(a) the other parties to the appeal;

(b) the director, other than if the decision appealed against is a decision to make a non-contact order;

(d) the tribunal.

(2) The registrar must give 7 days written notice of the hearing of the appeal to the following persons—

(a) the parties to the appeal;

(b) the administrator of the patient’s treating health service;

(d) anyone else to whom notice of the tribunal’s hearing for the review or application was given.

(3) The notice of the hearing of the appeal must state the following information—

(a) the time and place of the hearing of the appeal;

(b) the nature of the hearing;

s 322 amd 2001 No. 78 s 102 sch 2 323 Stay of decision pending appeal (1) The Mental Health Court may stay the decision appealed against to secure the effectiveness of the appeal. (2) A stay—

(a) may be given on the conditions the court considers appropriate; and

(b) operates for the period fixed by the court; and

(3) The period of a stay must not extend past the time when the appeal is decided. (4) The court may, by written order, authorise a police officer to detain the patient and take the patient to a stated authorised mental health service pending the hearing of the appeal. 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). s 323 amd 2001 No. 78 s 102 sch 2 324 Notice of stay of decision on review of patient’s fitness for trial (1) This section applies if—

(a) the decision appealed against is a review decision under chapter 6, part 4; and

(b) under section 323, the Mental Health Court stays the decision.

(2) Immediately after the Attorney-General receives notice of the stay, the chief executive for justice must give written notice to the following persons of the stay—

(a) the registrar of the court in which proceedings for the relevant offence under chapter 6, part 4, are to be heard;

(b) the prosecuting authority;

s 324 amd 2005 No. 10 s 50 sch; 2011 No. 13 s 270 sch 2 pt 2 325 Appeal powers (1) In deciding the appeal, the Mental Health Court may confirm or set aside the decision appealed against. (2) If the Mental Health Court sets aside the decision appealed against—

(a) the court may make a decision the tribunal could have made on the review or application; and

(b) the decision is taken, for this Act (other than this part) and the Forensic Disability Act, to be that of the tribunal.

s 325 amd 2011 No. 13 s 238 326 Notice of decision (1) The registrar must give a copy of the Mental Health Court’s decision to the following persons—

(a) the parties to the proceeding;

(b) if the decision appealed against is a review decision—the administrator of the patient’s treating health service;

(d) the tribunal.

(2) However, subsection (1) (b) and (c) does not apply if the decision appealed against is a decision to make a non-contact order. s 326 amd 2001 No. 78 s 102 sch 2 327 Mental Health Court’s order final The Mental Health Court’s decision on the appeal—

(a) is final and conclusive; and

(b) can not be impeached for informality or want of form; and

Division 3 Participation and representation at appeals div hdg (prev div 2 hdg) renum 2001 No. 78 s 132 (2) 328 Right of appearance—appeals against decisions on reviews (1) The following persons may appear in person at a hearing of an appeal against a review decision—

(a) the patient;

(b) if the appellant is the director—the director;

(2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the Mental Health Court, an agent. 329 Right of appearance—appeals against decisions on treatment applications (1) The following persons may appear in person at the hearing of an appeal against a tribunal decision on a treatment application—

(a) the applicant for the treatment;

(b) the person the subject of the treatment application.

(2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the Mental Health Court, an agent. 330 Right of appearance—appeals against decisions on application for approval that a patient move out of Queensland (1) The following persons may appear in person at the hearing of an appeal against a tribunal decision on an application for approval that a patient move out of Queensland—

(a) the patient;

(b) the director.

(2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the Mental Health Court, an agent. 331 Director may elect to become party to appeal The director may at any time, by notice filed in the registry, elect to become a party to an appeal, other than an appeal against a decision to make a non-contact order. s 331 amd 2001 No. 78 s 102 sch 2 332 Right of particular persons to attend hearing (1) The following persons may attend a hearing to help the patient represent the patient’s views, wishes and interests—

(a) patient’s allied person;

(b) someone else granted leave to attend by the Mental Health Court.

(2) However, the patient’s allied person or other person does not become a party to the proceeding. Division 4 Procedural provisions div hdg (prev div 3 hdg) renum 2001 No. 78 s 132 (2) 333 Hearing procedures (1) The procedure for the appeal is to be in accordance with court rules applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the Mental Health Court. (2) The appeal is by way of rehearing, unaffected by the tribunal’s decision, on the material before the tribunal and any further evidence the court allows. Part 2 Appeals against Mental Health Court decisions on references Note— See the Forensic Disability Act, sections 136 and 139 for the application of this part for the purpose of that Act. pt 2 note ins 2011 No. 13 s 270 sch 2 pt 2 334 Who may appeal The following persons may appeal to the Court of Appeal against a decision of the Mental Health Court on a reference—

(a) the person to whose mental condition the decision relates;

(b) the Attorney-General.

335 How to start appeal (1) An appeal is started by filing notice of appeal with the registrar of the Court of Appeal. (2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision. (3) However, the Court of Appeal may at any time extend the period for filing the notice of appeal. (4) The notice of appeal must—

(a) be signed by the appellant or the appellant’s lawyer; and

(b) state fully the grounds of the appeal and the facts relied on.

336 Hearing procedures The procedure for the appeal is to be in accordance with court rules applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the Court of Appeal. 337 Appeal powers (1) In deciding the appeal, the Court of Appeal may—

(a) confirm the decision appealed against; or

(b) set aside the decision appealed against.

(2) If the court sets aside the decision, the court may—

(a) remit the matter to the Mental Health Court; or

(b) make a decision the Mental Health Court could have made on the matter; or

(c) make a decision the Mental Health Court could have made on the matter and remit the matter to the Mental Health Court.

(3) However, subsection (2) (a) and (c) do not apply if the decision appealed against is a decision to make a non-contact order. (4) If the court makes a decision mentioned in subsection (2) (b) or (c), the decision is taken, for this Act (other than this part), to be that of the Mental Health Court. (5) If the court remits the matter to the Mental Health Court, the court must—

(a) remand the person in custody; or

(b) grant the person bail under the Bail Act 1980 .

(6) If the court remands the person in custody, the court may order the person be detained in a stated authorised mental health service. (7) The person may be detained under the court’s order in the authorised mental health service stated in the order. s 337 amd 2001 No. 78 s 102 sch 2 338 Notice of decision The registrar of the Court of Appeal must give a copy of the Court of Appeal’s decision to the registrar of the Mental Health Court. Chapter 9 Allied persons and particular rights of involuntary patients Part 1 Allied persons 339 Who is an allied person An allied person for an involuntary patient is the person chosen or declared under this part to be the patient’s allied person. 340 Function of allied person The function of an involuntary patient’s allied person is to help the patient to represent the patient’s views, wishes and interests relating to the patient’s assessment, detention, treatment and care under this Act. s 340 amd 2011 No. 13 s 270 sch 2 pt 2 341 Patient may choose allied person (1) An involuntary patient may choose any 1 of the following persons, other than a health service employee at the patient’s treating health service, who is capable, readily available and willing to be the patient’s allied person for this Act—

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

(b) if the patient has a personal guardian—the guardian;

(d) an adult relative or adult close friend of the patient;

(e) an adult carer of the patient;

(f) another adult.

Examples of application of section—

1 A patient who is a minor may choose a person mentioned in paragraph (a), (d), (e) or (f) to be the patient’s allied person.

2 An adult patient may choose a person mentioned in paragraph (d) to be the patient’s allied person even though the patient has a personal attorney or personal guardian.

(2) This section has effect subject to section 342. 342 Who is allied person if patient does not have capacity to choose allied person (1) This section applies if the administrator of an involuntary patient’s treating health service is satisfied the patient does not have the capacity to choose an allied person. (2) If the patient, by an advance health directive under the Powers of Attorney Act 1998 , has directed that a stated person be the patient’s allied person under this Act or the Forensic Disability Act, the stated person is the patient’s allied person. (3) If subsection (2) does not apply, the administrator must choose a person, other than a health service employee at the patient’s treating health service, to be the patient’s allied person. (4) The person chosen must be—

(a) the first person in listed order of the persons mentioned in section 341 who is willing, readily available, capable and culturally appropriate to be the patient’s allied person; or

(b) if no-one in the list is willing, readily available, capable and culturally appropriate to be the patient’s allied person—the public guardian.

s 342 amd 2003 No. 9 s 67 sch; 2004 No. 13 s 102 sch 2 pts 1–2; 2011 No. 13 s 270 sch 2 pt 2; 2014 No. 26 s 258 343 When allied person ceases to act The choice of an allied person for an involuntary patient ends if—

(a) under section 341, the patient chooses another person to be the allied person; or

(b) the patient tells the administrator of the patient’s treating health service that the patient no longer wishes to have an allied person and the administrator is satisfied the patient has the capacity to make that decision; or

(c) under section 342, the administrator of the patient’s treating health service chose the patient’s allied person but the administrator is no longer satisfied the person is willing, readily available, capable and culturally appropriate to be the patient’s allied person.

s 343 amd 2005 No. 10 s 50 sch Part 2 Rights of patients Division 1 Statement of rights 344 Director to prepare statement of rights (1) The director must prepare a written statement about the rights of involuntary patients (a statement of rights). (2) The statement must contain information about the following—

(a) the rights of patients and allied persons for patients under this Act;

(b) the rights of patients to make complaints about the service provided at an authorised mental health service and how the complaints are made.

(3) The statement may also contain anything else the director considers appropriate, including, for example, information from relevant standards for providing mental health services. 345 Statement of rights to be given to involuntary patient and patient’s allied person (1) On admission of an involuntary patient to an authorised mental health service, the administrator of the health service must give a copy of the statement of rights so far as it is relevant to the patient to—

(a) the patient; and

(b) the patient’s allied person.

(2) In addition to the statement, the administrator must ensure the patient is given an oral explanation of the information in the statement. Note— See also section 541A about ensuring the patient understands things told or explained to the patient. s 345 amd 2011 No. 13 s 270 sch 2 pt 2 346 Notice of rights The administrator of an authorised mental health service must ensure a notice about the information in the statement of rights is displayed in the health service in a prominent place. Division 2 Examinations of, and visits to, involuntary patients 347 Examining and visiting patient (1) A health practitioner may, at any reasonable time of the day or night—

(a) visit and examine an involuntary patient in an authorised mental health service; or

(b) consult with an authorised doctor for the health service about the patient’s treatment or care.

(2) A legal or other adviser for an involuntary patient in an authorised mental health service may, at any reasonable time of the day or night, visit the patient. (3) The health practitioner or adviser may exercise a power under subsection (1) or (2) only—

(a) if asked by the patient or someone else on behalf of the patient; and

(b) under arrangements made with the administrator of the health service.

s 347 amd 2011 No. 13 s 270 sch 2 pt 2 Chapter 10 Security of authorised mental health services Part 1 Interpretation 348 Definitions for ch 10 In this chapter— authorised person, for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions. seizure provisions, of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act. Part 2 Provisions about postal articles and other things received for patients in high security units 349 Interfering with postal articles for patients in high security units (1) A person must not prevent or impede in any way—

(a) the delivery, to a patient in a high security unit, of a postal article addressed to the patient; or

(b) the sending of a postal article for a patient in a high security unit.

Maximum penalty—20 penalty units. (2) Subsection (1) (a) has effect subject to section 350. (3) A person does not commit an offence against subsection (1) (b) if the addressee of the postal article has given written notice to the administrator of the high security unit asking that postal articles addressed by or for the patient to the addressee be withheld. (4) However, subsection (3) does not apply to a postal article addressed by or for a patient in a high security unit to any of the following persons—

(a) a member of the Parliament of the Commonwealth or a State;

(b) the Mental Health Court;

(d) the director;

(e) a community visitor under the Public Guardian Act 2014 ;

(f) the health ombudsman under the Health Ombudsman Act 2013 ;

(g) the ombudsman appointed under the Ombudsman Act 2001 ;

(h) another person prescribed under a regulation for this paragraph.

s 349 amd 2003 No. 9 s 67 sch; 2006 Act No. 25 s 241 (1) sch 3; 2013 No. 36 s 331 sch 1; 2014 No. 26 s 259 350 Opening and examining things received for patients in high security units (1) Subject to subsections (2) to (4), the administrator of a high security unit may open or examine anything received at the unit for a patient in the unit. (2) Before the administrator opens or examines the thing, the administrator must tell the patient that the patient may ask that the patient’s lawyer be present at the opening or examination. (3) The administrator may open or examine the thing only—

(a) in the patient’s presence; and

(b) if the patient asks that the patient’s lawyer be present at the opening or examination—in the lawyer’s presence.

(4) Despite the patient’s request that the patient’s lawyer be present at the opening, the administrator may open the thing in the absence of the lawyer if the administrator is satisfied it is not reasonably practicable to delay the opening. (5) If, on opening or examining the thing, the administrator is satisfied it is a danger to the patient or someone else or to the security of the unit, the administrator may—

(a) with the patient’s agreement—give it to someone else; or

(b) keep it for the patient and give it to the patient on the patient’s release from the unit; or

(d) if the administrator is satisfied it is of negligible value—dispose of it in the way the administrator considers appropriate.

(6) However, if the administrator reasonably believes the thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the administrator may seize the thing. (7) If the administrator seizes the thing—

(a) the administrator must give it to an authorised person under the Act mentioned in subsection (6); and

(b) the seizure provisions of that Act apply to the thing as if the authorised person had seized it under the provisions of that Act that relate to the offence.

(8) However, if the authorised person is not reasonably satisfied the thing is evidence of the commission or intended commission of the offence, the authorised person must return it to the administrator who must deal with it under this section. (9) Immediately after making a decision about what happens to a seized thing, the administrator must make a written record of the decision. Part 3 Searches Division 1 Preliminary 351 Definition of patient for pt 3 In this part— patient, in an authorised mental health service, means any person admitted to or assessed, examined, detained, treated or cared for in the health service. s 351 def patient amd 2011 No. 13 s 270 sch 2 pt 2 352 Purpose of pt 3 For ensuring the protection of patients and the security and good order of authorised mental health services, this part provides for carrying out searches of—

(a) patients in authorised mental health services and their possessions; and

(b) visitors to high security units and their possessions.

Division 2 Searches of patients and their possessions Subdivision 1 Searches on reasonable belief of possession of harmful things 353 Application of sdiv 1 This subdivision applies if a doctor, or the senior registered nurse on duty, at an authorised mental health service reasonably believes a patient in the health service has possession of a harmful thing. 354 Authority to search patients and possessions (1) The doctor or nurse may search, or authorise another health practitioner to search, the patient or the patient’s possessions. (2) The search may be carried out without the patient’s consent. (3) However, before carrying out the search, the doctor or nurse must tell the patient the reasons for the search and how it is to be carried out. Subdivision 2 Searches of patients and their possessions on admission or entry to high security units 355 Authority to search patients and possessions (1) On a person’s admission as a patient, or a patient’s entry, to a high security unit, an authorised officer may, for detecting harmful things, search the patient or the patient’s possessions. (2) However, before carrying out the search, the officer must tell the patient the reasons for the search and how it is to be carried out. (3) The search may be carried out without the patient’s consent. Subdivision 3 Carrying out searches 356 Application of sdiv 3 This subdivision applies if—

(a) under subdivision 1, a doctor or nurse is authorised, or another health practitioner has been authorised by a doctor or nurse, to search a patient or a patient’s possessions; or

(b) under subdivision 2, an authorised officer is authorised to search a patient or a patient’s possessions.

357 Carrying out search (1) The person authorised to carry out the search (the searcher) may require the patient, to submit, or submit the patient’s possessions, to a search under this section. (2) The searcher may do any 1 or more of the following—

(a) pass a hand-held electronic scanning device over or around the patient or the patient’s possessions;

(b) open or inspect a thing in the patient’s possession;

(d) remove and inspect all things from the pockets of the patient’s clothing;

(e) touch the clothing worn by the patient to the extent reasonably necessary to detect things in the patient’s possession;

(f) remove and inspect any detected thing.

(3) Also, the searcher may, with the approval of the administrator of the authorised mental health service, remove and inspect all, or part of, the patient’s other clothing and anything found in the clothing. (4) However, the administrator may give the approval only if the administrator is reasonably satisfied it is necessary in the circumstances for carrying out an appropriate search. (5) The searcher may—

(a) exercise a power of inspection under subsection (2) only if the patient is present or has been given the opportunity to be present; or

(b) exercise a power under subsection (2) (c) to (f) or (3) only if—

(i) the searcher is the same sex as the patient; and

(ii) the search is carried out in a part of a building that ensures the patient’s privacy.

(6) The searcher must—

(a) carry out the search in a way that respects the patient’s dignity to the greatest possible extent; and

(b) cause as little inconvenience to the patient as is practicable in the circumstances.

(7) However, the searcher may carry out the search with the help, and using the minimum force, that is necessary and reasonable in the circumstances. s 357 amd 2011 No. 13 s 270 sch 2 pt 2 358 Seizure of things The searcher may seize anything found during a search that the searcher reasonably suspects is a harmful thing. 359 What happens to thing seized (1) If the administrator of the authorised mental health service is reasonably satisfied the seized thing is a harmful thing, the administrator must—

(a) keep it for the patient and give it to the patient on the patient’s release from the health service; or

(b) give it to someone else if the patient is able to, and has given, agreement to do so; or

(c) if the administrator is satisfied someone else is entitled to possession of the thing—give or send it to the person; or

(d) if the administrator is reasonably satisfied it is of negligible value—dispose of it in the way the administrator considers appropriate.

(2) However, if the administrator reasonably believes the seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the administrator must give it to an authorised person under that Act. (3) The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the authorised person had seized it under the provisions of the Act that relate to the offence. (4) If the authorised person is not reasonably satisfied the thing is evidence of the commission or intended commission of the offence, the authorised person must return it to the administrator who must deal with it under this section. (5) Immediately after making a decision about what happens to a seized thing, the administrator must make a written record of the decision. Subdivision 4 Miscellaneous 360 Records of searches (1) This section applies if—

(a) a search is authorised under subdivision 1; or

(b) an administrator of an authorised mental health service gives an approval mentioned in section 357 (3); or

(2) Immediately after carrying out the search, the searcher must make a written record of the following details of the search—

(a) the reasons for the search;

(b) if, under subdivision 1, a doctor or nurse authorised another health practitioner to carry out the search—the name of the doctor or nurse;

(d) how the search was carried out;

(e) the results of the search;

(f) anything seized.

Division 3 Searches of visitors to high security units, and their possessions 361 Power to search visitors (1) An authorised officer for a high security unit may ask a visitor to submit, or submit the visitor’s possessions, to being searched, under this division, by an authorised officer. (2) The officer must tell the visitor in general terms of—

(a) the officer’s powers in relation to the search; and

(b) how the search is to be carried out; and

362 Directions to leave high security unit (1) If the visitor does not agree to the request, the authorised officer may refuse the visitor permission to enter the high security unit or, if the person is in the unit, direct the person to immediately leave the unit. (2) If the visitor is directed to leave the unit, the visitor must comply with the direction. Maximum penalty for subsection (2)—20 penalty units. 363 Carrying out the search (1) For carrying out the search, the authorised officer may ask the visitor to do any 1 or more of the following—

(a) walk through an electronic scanning device;

(b) remove a stated outer garment or footwear;

(d) open or inspect anything in the visitor’s possession.

(2) Also, the officer may ask the visitor to leave a thing the officer reasonably suspects is a harmful thing with the officer until the visitor leaves the high security unit. (3) If the visitor refuses to comply with a request under subsection (1) or (2), the authorised officer may refuse the visitor permission to enter the unit or, if the person is in the unit, direct the person to immediately leave the unit. (4) If the visitor is directed to leave the unit, the visitor must comply with the direction. Maximum penalty—20 penalty units. (5) For carrying out the search, the authorised officer may—

(a) pass a hand-held electronic scanning device over or around the visitor or the visitor’s possessions; and

(b) inspect an outer garment or footwear removed by the visitor; and

(c) touch the clothing worn by the visitor to the extent reasonably necessary to detect things in the visitor’s possession; and

(d) remove and inspect any detected thing.

(6) The authorised officer may—

(a) exercise a power of inspection under subsection (5) only if the visitor is present or has been given the opportunity to be present; or

(b) exercise a power under subsection (5) (c) or (d) only if—

(i) the officer is the same sex as the visitor; and

(ii) the search is carried out in privacy in a part of a building that ensures the visitor’s privacy.

(7) The authorised officer must—

(a) carry out the search in a way that respects the visitor’s dignity to the greatest possible extent; and

(b) ensure the officer causes as little inconvenience to the visitor as is practicable in the circumstances to carry out an appropriate search.

364 Visitor may leave things with authorised officer If the visitor does not want the authorised officer to inspect anything in the visitor’s possession, the visitor may leave the thing with the authorised officer until the visitor leaves the high security unit. 365 Visitor may ask for search to stop (1) The authorised officer must stop the search if the visitor tells the officer the visitor does not want the search to continue and is prepared to leave the high security unit immediately. (2) The visitor must leave the unit immediately. Maximum penalty for subsection (2)—20 penalty units. 366 Return of things to visitor If the visitor has left a thing with an authorised officer, the officer must ensure the thing is returned to the visitor—

(a) if the visitor asks for its return; and

(b) if the officer is reasonably satisfied the visitor is about to leave the high security unit.

367 Seizure of things The authorised officer may seize a harmful thing found during the search if the officer reasonably believes it is connected with, or is evidence of, the commission or intended commission of an offence. 368 Receipt for seized things (1) The authorised officer must give a receipt for the thing to the visitor from whom it was seized. (2) The receipt must describe generally the thing seized and its condition. 369 Procedure after thing seized (1) If the administrator of the authorised mental health service reasonably believes the seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the administrator must give it to an authorised person under that Act. (2) The seizure provisions of the Act mentioned in subsection (1) apply to the thing as if the authorised person had seized it under the provisions of the Act that relate to the offence. (3) If the administrator is not reasonably satisfied the thing is evidence of the commission or intended commission of the offence, the administrator must ensure reasonable efforts are made to return it to the visitor from whom it was seized. 370 Forfeiture of seized things (1) This section applies to a seized thing mentioned in section 369 (3). (2) The seized thing is forfeited to the State if the administrator of the authorised mental health service—

(a) can not find the visitor from whom it was seized, after making reasonable inquiries; or

(b) can not return it to the visitor, after making reasonable efforts.

(3) In applying subsection (2)—

(a) subsection (2) (a) does not require the administrator to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the visitor; and

(b) subsection (2) (b) does not require the administrator to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to the visitor.

(4) Regard must be had to a thing’s nature, condition and value in deciding—

(a) whether it is reasonable to make inquiries or efforts; and

(b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

371 Access to seized things (1) Until a seized thing is forfeited or returned, the administrator must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. Division 4 Identity cards 372 Approval of identity cards (1) The administrator of a high security unit must approve identity cards for authorised officers for the unit. (2) An approved identity card for an authorised officer must—

(a) contain a recent photograph of the officer; and

(b) identify the person as a health practitioner or security officer at the unit.

(3) For subsection (2) (b), the identity of the officer as a health practitioner must state the officer’s occupation. Note— See also section 542 (Official to identify himself or herself before exercising powers). Division 5 Compensation 373 Compensation for damage to possessions (1) A patient or visitor (the claimant) may claim from the State the cost of repairing or replacing the claimant’s possessions damaged in the exercise or purported exercise of a power under this part. (2) The cost may be claimed and ordered in a proceeding—

(a) brought in a court of competent jurisdiction for the recovery of the amount claimed; or

(b) for an offence against this Act brought against the claimant.

(3) A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. Part 4 Exclusion of visitors 374 Administrator may refuse to allow a person to visit a patient (1) The administrator of an authorised mental health service may refuse to allow a person to visit a patient in the health service if the administrator is satisfied the proposed visit will adversely affect the patient’s treatment or care. Example of application of subsection (1)— The administrator may be satisfied a patient’s treatment or care will be adversely affected if, on a previous visit by a person, the patient’s mental state deteriorated. (2) The administrator must give the person written notice of the decision. (3) The notice must state the following—

(a) the reasons for the decision;

(b) that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice;

s 374 amd 2011 No. 13 s 270 sch 2 pt 2 375 Who may appeal A person who is dissatisfied with the decision of the administrator of an authorised mental health service to refuse to allow the person to visit a patient in the health service may appeal to the tribunal against the decision. 376 How to start appeal (1) An appeal is started by giving notice of appeal to the tribunal. (2) The notice of appeal must be given within 28 days after the appellant receives notice of the decision of the administrator of the authorised mental health service. (3) The tribunal may, at any time, extend the time for giving the notice of appeal. (4) The notice of appeal must—

(a) be in the approved form; and

(b) state fully the grounds of the appeal and the facts relied on.

377 Notices of appeal and hearing (1) Within 7 days after the appeal is started, the tribunal must give notice of the appeal to the administrator of the authorised mental health service. (2) The tribunal must give 7 days written notice of the hearing of the appeal to the parties to the appeal. (3) The notice of the hearing of the appeal must state the following information—

(a) the time and place of the hearing of the appeal;

(b) the nature of the hearing;

378 Stay of decision pending appeal (1) The president of the tribunal may stay the decision appealed against to secure the effectiveness of the appeal. (2) A stay—

(a) may be given on the reasonable conditions the president considers appropriate; and

(b) operates for the period fixed by the president; and

(3) However, the period of a stay must not extend past the time when the appeal is decided. 379 Appeal powers In deciding an appeal, the tribunal may confirm or revoke the decision appealed against. 380 Notice of decision The tribunal must give a copy of the decision to the parties to the appeal. Chapter 11 Mental Health Court Part 1 Establishment, constitution, jurisdiction and powers 381 Mental Health Court established (1) The Mental Health Court is established as a superior court of record. (2) The court has a seal that must be judicially noticed. (3) The court consists of the president of the court and other members of the court. s 381 amd 2007 No. 28 s 11 382 Constitution (1) The Mental Health Court is constituted by a member of the court sitting alone. (2) In exercising jurisdiction under this Act, the court must be assisted by 2 assisting psychiatrists. (3) However, if 2 assisting psychiatrists are not available to assist the court in a particular hearing of a matter and the member of the court hearing the matter is satisfied it is necessary to hear the matter in the interests of justice, the court may be assisted by only 1 psychiatrist. (4) The member of the court hearing a matter must decide the assisting psychiatrists who are to assist the court for the hearing. s 382 amd 2007 No. 28 s 12 383 Jurisdiction (1) The Mental Health Court has the following jurisdiction—

(a) deciding appeals against decisions of the tribunal;

(b) deciding references of the mental condition of persons;

(d) investigating the detention of forensic disability clients in the forensic disability service;

(e) deciding applications made under section 607 for an order changing a forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability).

(2) In exercising its jurisdiction, the court—

(a) must inquire into the matter before it; and

(b) may inform itself of any matter relating to the inquiry in any way it considers appropriate.

(3) In a proceeding, the court may give directions about the hearing of a matter. Note— Also, see the Evidence Act 1977 , part 3A. The stated purposes of the part include the facilitation of the giving and receiving of evidence, and the making and receiving of submissions, in Queensland court proceedings by audiovisual link or audio link. (4) The court’s jurisdiction is not limited, by implication, by a provision of this or another Act. s 383 amd 2011 No. 13 s 239 384 Powers (1) The Mental Health Court may do all things necessary or convenient to be done for, or in relation to, exercising its jurisdiction. (2) Without limiting subsection (1), the court has the powers conferred on it by this Act. Part 2 Provisions about membership of Mental Health Court pt 2 (ss 385–387) sub 2007 No. 28 s 13 385 Appointment of a member of Mental Health Court (1) The Governor in Council may, by commission, appoint a Supreme Court judge to be a member of the Mental Health Court. (2) The judge is appointed for the term, not more than 3 years, stated in the commission. pt 2 (ss 385–387) sub 2007 No. 28 s 13 386 Appointment does not affect judge’s tenure of office etc. (1) The appointment of, or service by, the judge as a member of the Mental Health Court does not affect—

(a) the person’s tenure of office as a judge; or

(b) the person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of his or her office as a judge.

(2) The person’s service as a member of the court is taken to be service as a Supreme Court judge for all purposes. pt 2 (ss 385–387) sub 2007 No. 28 s 13 387 When judge’s office ends etc. (1) The judge holds office as a member of the Mental Health Court until the earlier of the following days—

(a) the day the person’s appointment as a member of the court ends;

(b) the day the person ceases to be a Supreme Court judge.

(2) However, if the judge ceases to hold office as a member of the court while hearing a matter, the Governor in Council may, without reappointing the person as a member of the court, continue the person in office for the time necessary to enable the hearing to be completed. (3) The person continued in office may exercise the jurisdiction and powers of the court necessary or convenient for the hearing to be completed. pt 2 (ss 385–387) sub 2007 No. 28 s 13 Part 2A Provisions about president of Mental Health Court pt hdg ins 2007 No. 28 s 13 388 President of Mental Health Court (1) The Governor in Council is to appoint a member of the Mental Health Court to be the president of the court. (2) A person may be appointed as the president of the court at the same time the person is appointed as a member of the court. s 388 sub 2007 No. 28 s 13 388A Arrangement of business (1) The president of the Mental Health Court is responsible for the administration of the court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court. (2) The president of the court has power to do things necessary or convenient to be done for the administration of the court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court. s 388A ins 2007 No. 28 s 13 388B President of Mental Health Court holds office while a member of court The president of the Mental Health Court holds office as the president of the court while the person is a member of the court. s 388B ins 2007 No. 28 s 13 388C Resignation of office (1) The president of the Mental Health Court may resign office by signed notice of resignation given to—

(a) if the president of the court is the Chief Justice—the Governor; or

(b) otherwise—the Chief Justice.

(2) A notice of resignation under subsection (1) takes effect when the notice is given to the relevant person or, if a later time is stated in the notice, the later time. (3) Resignation as the president of the court does not affect the person’s membership of the court. s 388C ins 2007 No. 28 s 13 388D Appointment of acting president of Mental Health Court The Governor in Council may appoint a member of the Mental Health Court to act as the president of the court—

(a) for any period the office is vacant; or

(b) for any period, or all periods, when the president of the court is absent from duty or Queensland or can not, for another reason, perform the duties of the office.

s 388D ins 2007 No. 28 s 13 Part 3 Provisions about assisting psychiatrists 389 Functions (1) The functions of an assisting psychiatrist are to—

(a) examine material received for a hearing to identify matters requiring further examination and to make recommendations to the Mental Health Court about the matters; and

(b) make recommendations about the making of court examination orders; and

(i) on the meaning and significance of clinical evidence; and

(ii) about clinical issues relating to the treatment, care and detention needs of persons under this Act; and

(iii) about clinical issues relating to the care and detention needs of persons under the Forensic Disability Act.

(2) However, an assisting psychiatrist’s functions are limited to matters within the psychiatrist’s professional expertise. s 389 amd 2011 No. 13 s 240 390 Appointment (1) The Governor in Council may, by gazette notice, appoint a psychiatrist (an assisting psychiatrist) to assist the Mental Health Court. (2) In recommending a psychiatrist for appointment as an assisting psychiatrist the Minister must be satisfied the psychiatrist has qualifications and experience necessary to perform an assisting psychiatrist’s functions. (3) An assisting psychiatrist holds office for the term, not longer than 3 years, stated in the notice. (4) An assisting psychiatrist is to be appointed under this Act and not under the Public Service Act 2008 . s 390 amd 2009 No. 25 s 83 sch 391 Terms of appointment (1) An assisting psychiatrist is entitled to be paid the remuneration and allowances decided by the Governor in Council. (2) An assisting psychiatrist holds office on the terms not provided for in this Act as are decided by the Governor in Council. 392 Resignation An assisting psychiatrist may resign office by signed notice given to the Minister. 393 Termination of appointment of assisting psychiatrists (1) The Governor in Council may terminate the appointment of an assisting psychiatrist if the Governor in Council is satisfied the psychiatrist—

(a) is mentally or physically incapable of satisfactorily performing the psychiatrist’s duties; or

(b) performed the psychiatrist’s duties carelessly, incompetently or inefficiently; or

(c) is guilty of misconduct that could warrant dismissal from the public service if the psychiatrist were an officer of the public service.

(2) The Governor in Council must terminate the appointment of an assisting psychiatrist if the psychiatrist—

(a) ceases to be eligible for appointment as an assisting psychiatrist; or

(b) is convicted of an indictable offence.

394 Acting appointments The Governor in Council may appoint a psychiatrist to act as an assisting psychiatrist—

(a) during a vacancy in the office; or

(b) for any period, or all periods, when an assisting psychiatrist is absent from duty or the State or can not, for another reason, perform the duties of the office.

Part 4 Mental Health Court Registry and registrar 395 Mental Health Court Registry (1) There is a Mental Health Court Registry. (2) The registry consists of—

(a) the registrar; and

(b) the other staff necessary for the court to exercise its jurisdiction.

(3) The registrar and other staff are to be employed under the Public Service Act 2008 . s 395 amd 2009 No. 25 s 83 sch 396 Registry’s functions The registry has the following functions—

(a) to act as the registry for the court;

(b) to provide administrative support to the court;

397 Registrar’s functions The registrar administers the registry and has the functions conferred on the registrar under this or another Act. 398 Registrar’s powers—general (1) The registrar has the power to do all things necessary or convenient to be done to perform the registrar’s functions. (2) In performing a function or exercising a power, the registrar must comply with a direction relating to the performance or exercise given by—

(a) a member of the Mental Health Court for a proceeding being heard by the member of the court; or

(b) the president of the court.

s 398 amd 2007 No. 28 s 14 399 Registrar’s power to issue subpoena (1) For the Mental Health Court exercising its jurisdiction, the registrar may, on the registrar’s own initiative or at the request of a party to a proceeding, issue a subpoena requiring the person stated in the subpoena to—

(a) produce a stated or described document; or

(b) attend before the Mental Health Court to give evidence.

(2) The person to whom the subpoena is directed must comply with it. (3) Failure to comply with the subpoena without lawful excuse is contempt of court and the person may be dealt with for contempt of court. 400 Registrar’s power to require production of documents (1) For the Mental Health Court exercising its jurisdiction, the registrar may, by written notice given to the administrator of an authorised mental health service or the forensic disability service, require the administrator to give the registrar a stated or described document. (2) The administrator must comply with the notice despite an obligation under an Act or law not to give the document or disclose information in the document. (3) The registrar may ask the prosecuting authority to give the registrar—

(a) a written report about the criminal history of a person the subject of a reference to the Mental Health Court; or

(b) a brief of evidence.

(4) The prosecuting authority must comply with the request. (5) Subsection (3) applies to the criminal history in the possession of the prosecuting authority or to which the prosecuting authority has access. s 400 amd 2011 No. 13 s 241 401 Registrar’s power to require person to be brought before Mental Health Court (1) For the Mental Health Court exercising its jurisdiction, the registrar may—

(a) require the administrator of an authorised mental health service to bring a patient of the health service before the court at a stated time and place; or

(b) require the administrator under the Forensic Disability Act to bring a forensic disability client before the court at a stated time and place; or

(2) The requirement must be made by written notice given to the administrator or custodian. (3) The administrator or custodian must comply with the notice. s 401 amd 2011 No. 13 s 242 402 Delegation by registrar The registrar may delegate a power of the registrar under this or another Act to an appropriately qualified member of the staff of the registry. Part 5 Procedural provisions 403 Right of appearance and representation in Mental Health Court proceeding A party to a proceeding in the Mental Health Court may—

(a) appear in person at the hearing of the proceeding; or

(b) be represented at the hearing by a lawyer or, with the leave of the court, an agent.

404 Evidence (1) In hearing the proceeding, the Mental Health Court is not bound by the rules of evidence unless the court decides it is in the interests of justice that it be bound for the hearing or a part of the hearing. (2) The court may make the decision on application by a party to the hearing or of its own initiative. 405 Proof of matters (1) In the proceeding, no party bears the onus of proof of any matter. (2) Subject to section 268, a matter to be decided by the Mental Health Court must be decided on the balance of probabilities. 406 Assisting psychiatrist’s advice before or during hearing (1) This section applies to advice given by an assisting psychiatrist to the Mental Health Court—

(a) before the hearing is started; or

(b) during an adjournment of the hearing, other than an adjournment for the court to make its decision.

(2) During the hearing, the court must inform each party of the advice unless the party tells the court that it does not require the information. 407 Assisting psychiatrist’s advice during hearing Advice given by an assisting psychiatrist to the Mental Health Court during a hearing must be given in a way that can be heard by the parties. 408 Particular assisting psychiatrist’s advice to be stated in reasons for decision If the Mental Health Court is satisfied advice given by an assisting psychiatrist to the court materially contributed to the court’s decision, the advice must be stated in the court’s reasons for its decision. 409 Court may proceed in absence of person subject of proceeding The Mental Health Court may proceed to conduct the hearing of a proceeding in the absence of the person the subject of the proceeding only if the court is satisfied it is expedient and it is in the person’s best interests to do so. 410 Appointment of assistants The Mental Health Court may appoint a person with appropriate knowledge or experience to assist it in a hearing, including, for example—

(a) a person with appropriate communication skills or appropriate cultural or social knowledge or experience; or

(b) a person with expertise in the aetiology, behaviour and care of persons with an intellectual disability.

s 410 amd 2011 No. 13 s 243 411 Court may sit and adjourn hearings Subject to the court rules, the Mental Health Court may—

(a) sit at any time and in any place for a hearing; and

(b) adjourn a hearing to any time and place.

412 Hearings about young persons (1) This section applies if a young person is the subject of a hearing in the Mental Health Court. (2) The hearing is not open to the public. (3) However, the court may permit a person to be present during the hearing if the court is satisfied it is in the interests of justice. 413 Hearings of references open to public (1) The hearing of a proceeding for a reference is open to the public unless the Mental Health Court, by order, directs the hearing or part of the hearing not to be open to the public. (2) However, the court may make an order directing the hearing or part of the hearing not to be open to the public only if the court is satisfied it is in the interests of justice. (3) This section is subject to section 412. 414 Other hearings not open to public (1) The hearing of a proceeding in the Mental Health Court, other than the hearing of a proceeding for a reference, must not be open to the public unless the court, by order, directs the hearing or part of the hearing be open to the public. (2) However, the court may make an order directing a hearing or part of a hearing be open to the public only if it is satisfied—

(a) the person the subject of the proceeding has agreed to the order; and

(b) the order will not result in serious harm to the person’s health or risk the safety of anyone else; and

(3) This section is subject to section 412. 415 Costs Each party to a proceeding in the Mental Health Court is to bear the party’s own costs. 415A What happens if a member of Mental Health Court dies or is incapacitated (1) This section applies if, after starting to hear a proceeding, the member of the Mental Health Court hearing the proceeding dies or becomes incapable of continuing to hear the proceeding. (2) A party to the proceeding may, after giving 7 days notice to the other party or parties, apply to the president of the court for an order directing the action to be taken in the proceeding. (3) The president of the court, on the application or his or her initiative, may after consulting with the parties to the proceeding—

(a) order the proceeding be reheard; or

(b) adjourn the proceeding to allow the incapacitated member of the court to continue when able; or

(i) deciding the proceeding; or

(ii) completing the hearing and deciding the proceeding.

(4) If, under subsection (3) (a), a proceeding is reheard, the first hearing is taken not to have happened. (5) An order mentioned in subsection (3) (c) is taken to be a decision of the Mental Health Court. s 415A ins 2007 No. 28 s 15 Part 6 Protection and immunities 416 Contempt of court (1) The Mental Health Court has, for itself, all the protection, powers, jurisdiction and authority the Supreme Court has, for that court, in relation to contempt of court. (2) The court must comply with the Uniform Civil Procedure Rules relating to contempt of court, with necessary changes. (3) The registrar may apply to the court for an order that a person be committed to prison for contempt of court. (4) The court’s jurisdiction to punish a contempt of the court may be exercised on the initiative of a member of the court. (5) The court has jurisdiction to punish an act or omission as a contempt of the court, although a penalty is prescribed for the act or omission. s 416 amd 2007 No. 28 s 16 417 Conduct that is contempt and offence If conduct of a person is both contempt of the Mental Health Court and an offence, the person may be proceeded against for the contempt or for the offence, but the person is not liable to be punished twice for the same conduct. 418 Protection and immunities for member of Mental Health Court (1) A member of the Mental Health Court has, in the exercise of jurisdiction for this Act or the Forensic Disability Act, the protection and immunities of a Supreme Court judge exercising the jurisdiction of a judge. (2) A member of the Mental Health Court or an assisting psychiatrist (the official) has, in a proceeding for defamation for a publication made to or by the official in the official’s official capacity, a defence of absolute privilege if the publication was made in good faith. (3) The burden of proving absence of good faith is on a person who alleges the absence. s 418 amd 2007 No. 28 s 17 ; 2011 No. 13 s 270 sch 2 pt 2 Part 7 Rules and practices 419 Rule-making power (1) The Governor in Council may make rules under this Act. (2) Rules relating to the Mental Health Court or the registry may only be made with the consent of the president of the court. (3) Rules may be made about the following matters—

(a) regulating the practice and procedure to be followed and used in or for proceedings in the court;

(b) fees and expenses payable to witnesses;

(d) service of process, notices, orders or other things on parties and other persons;

(e) the functions and powers of the registrar and other staff of the registry.

(4) Rules made under this section are rules of court. s 419 amd 2007 No. 28 s 18 420 Directions about practice (1) Subject to this Act and the court rules, the practice and procedure of the Mental Health Court are as directed by the president of the court. (2) If this Act or the rules do not provide or sufficiently provide for a particular matter, an application for directions may be made to the president of the court. s 420 amd 2007 No. 28 s 19 421 Approved forms—president of Mental Health Court The president of the Mental Health Court may approve the following forms for use under this Act—

(a) notice of a reference;

(b) court examination order;

(d) forensic order (Mental Health Court—Disability);

(e) notice of appeal under section 321 (4) (a);

(f) application under section 427 (2) (a).

Note— The notice of appeal under section 321 (4) (a) is for an appeal to the Mental Health Court against a decision mentioned in section 319 and the application under section 427 (2) (a) is for an inquiry into a patient’s detention in an authorised mental health service. s 421 amd 2007 No. 28 s 20 ; 2011 No. 13 s 270 sch 2 pt 2 Part 8 Examination and confidentiality orders 422 Court examination orders (1) The Mental Health Court may order (a court examination order) the person the subject of a proceeding to submit to an examination by a stated psychiatrist, doctor or other health practitioner (the examining practitioner). (2) A court examination order must—

(a) be in the approved form; and

(b) state the matters on which the examining practitioner must report on to the court.

(3) The examining practitioner must give a written report on the examination to the court. 423 Recommendations and requests for court examination order on references (1) This section applies if, for a proceeding for a reference on a person’s mental condition, an assisting psychiatrist recommends, or the director of public prosecutions asks, that the Mental Health Court make a court examination order for the person. (2) The registrar must give written notice of the recommendation or request to the parties to the proceeding. (3) The notice must state that the parties may make written submissions on the recommendation or request within the reasonable time stated in the notice. (4) The registrar must give the recommendation or request, and any submission made by a party on it, to the court. (5) The director of public prosecutions must pay the costs of an examination requested by the director of public prosecutions. 424 Court examination order may also authorise detention etc. (1) This section applies if the Mental Health Court makes a court examination order for a person the subject of a reference. (2) For examining the person, the order may also authorise either or both of the following—

(a) a police officer, correctional officer, detention centre officer or other person stated in the order to detain the person and take the person to a stated authorised mental health service; 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).

(b) the person’s detention in the health service.

(3) A correctional officer, detention centre officer or other person stated in the order may exercise the power under subsection (2) (a) with the help, and using the minimum force, that is necessary and reasonable in the circumstances. (4) However, the court may make an order authorising a matter mentioned in subsection (2) only if the court is satisfied there is no less restrictive way to ensure a thorough examination of the person’s mental condition. (5) The person may be detained in the health service for the examination for not more than 3 days unless the court states a longer period in the order. Note— If, immediately before the examination, the person was detained as an involuntary patient in another authorised mental health service, the health service stated in the court examination order is the patient’s treating health service while the order is in force. (6) The examining practitioner, or anyone lawfully helping the examining practitioner in examining the person, may use minimum force, that is necessary and reasonable in the circumstances, to examine the person. s 424 amd 2011 No. 13 s 270 sch 2 pt 2 425 What happens at end of examination (1) After the end of the time allowed for the person’s examination or on the earlier completion of the person’s examination, the administrator of the authorised mental health service must ensure—

(a) if the person was taken from lawful custody for the examination—the person’s custodian takes the person from the health service; or

(b) if, immediately before the examination, the person was detained as an involuntary patient in another authorised mental health service—the person is taken to that health service; or

(c) otherwise—arrangements are made 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.

(2) For subsection (1) (a), a correctional officer or detention centre officer may take the person from the health service with the help, and using the minimum force, that is necessary and reasonable in the circumstances. (3) The person may be detained in the health service until the person is taken, under subsection (1) (a) or (b), from the health service. (4) This section does not apply if—

(a) the person becomes an involuntary patient; or Note— The person becomes an involuntary patient if assessment documents under chapter 2 or 3 are made for the person following the examination.

(b) an order is made transferring the patient to the health service stated in the court examination order. Note— See section 165 (Transfer orders—involuntary patients other than classified or forensic patients) or 166 (Transfer orders—other patients).

s 425 amd 2011 No. 13 s 270 sch 2 pt 2 426 Confidentiality orders (1) In a proceeding, the Mental Health Court may, by order (a confidentiality order), prohibit or restrict the disclosure to the person the subject of a proceeding of—

(a) information given before it; or

(b) matters contained in documents filed with, or received by, it; or

(d) the reasons for taking into account, or refusing to take into account, material submitted under section 284 (1); or

(e) if material submitted under section 284 (1) was taken into account by the court—how the material was taken into account.

(2) However, the court may make a confidentiality order only if it is satisfied the disclosure would—

(a) cause serious harm to the health of the person; or

(b) put the safety of someone else at serious risk.

(3) If the court makes a confidentiality order for a person, the court must—

(a) disclose the information or matters to the person’s lawyer or agent; and

(b) give written reasons for the order to the lawyer or agent.

(4) If the person is not represented at the hearing of the proceeding by a lawyer or agent, the court must ensure a lawyer or agent is appointed for subsection (3). (5) A person must not contravene a confidentiality order unless the person has a reasonable excuse. Maximum penalty for subsection (5)—40 penalty units. s 426 amd 2007 No. 28 s 39 Part 9 Inquiries into detention of patients in authorised mental health services Note— See the Forensic Disability Act, sections 137 and 139 for the application of this part for the purpose of that Act. pt 9 note ins 2011 No. 13 s 270 sch 2 pt 2 427 Mental Health Court may inquire into detention—on application (1) The Mental Health Court may, on application made to it, inquire into a patient’s detention in an authorised mental health service to decide whether the patient’s detention is lawful. (2) The application must—

(a) be in the approved form; and

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

(3) The court must consider the application as soon as practicable after it is made. (4) The court may refuse the application if the court is satisfied the application—

(a) may more properly be dealt with by the tribunal on a review; or

(b) is frivolous or vexatious.

428 Mental Health Court may inquire into detention—on own initiative The Mental Health Court may, on its own initiative, inquire into a patient’s detention in an authorised mental health service to decide whether the patient’s detention is lawful. 429 Mental Health Court may order inquiry into detention For inquiring into a patient’s detention in an authorised mental health service, the court may, by written order, direct a stated person (the appointed person) to inquire into and report to the court in relation to the patient’s detention. 430 Administrator to ensure help given to appointed person The administrator of the authorised mental health service must ensure the appointed person is given reasonable help to carry out the inquiry. 431 General powers of appointed person on inquiry (1) For carrying out the inquiry, the appointed person may exercise any 1 or more of the following powers—

(a) enter the authorised mental health service stated in the order;

(b) examine the patient;

(d) inspect, examine, test, measure, photograph or film any part of the health service or any documents or other thing in the health service;

(e) take extracts from, or make copies of, any documents in the health service;

(f) take into the health service any persons, equipment and materials the appointed person reasonably requires for exercising powers in relation to the health service.

(2) The appointed person may exercise a power under subsection (1) with the help, and using the minimum force, that is necessary and reasonable in the circumstances. s 431 amd 2011 No. 13 s 270 sch 2 pt 2 432 Appointed person’s power to ask questions (1) The appointed person may require another person to answer a question about the patient’s detention. (2) When making the requirement, the appointed person must warn the other person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (4) It is a reasonable excuse for the person to fail to answer the question if complying with the requirement might tend to incriminate the person. (5) The person does not commit an offence against subsection (3) if the information sought by the appointed person is not in fact relevant to the patient’s detention. 433 Mental Health Court may order patient’s discharge (1) If, on consideration of the appointed person’s report on the inquiry and any other evidence before it, the Mental Health Court is satisfied the patient is unlawfully detained in the authorised mental health service, the court must, by order, direct the patient be immediately discharged from the health service. (2) The administrator of the health service must ensure the order is complied with. 434 Patient’s other remedies not affected This part does not limit any other remedy available to the patient. Part 10 Miscellaneous provisions 435 Annual report (1) After each financial year, the president of the Mental Health Court must prepare and give to the Minister a report for the year on the operation of the Mental Health Court and the registry. (2) The report must also contain the other information required by the Minister. (3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after the Minister receives it. s 435 amd 2007 No. 28 s 21 Chapter 12 Mental Health Review Tribunal Note— See the Forensic Disability Act, sections 138 and 139 for the application of this chapter for the purpose of that Act. ch 12 note ins 2011 No. 13 s 270 sch 2 pt 2 Part 1 Establishment, jurisdiction and powers 436 Establishment (1) The Mental Health Review Tribunal is established. (2) The tribunal consists of the president of the tribunal and other members. 437 Jurisdiction The tribunal has the following jurisdiction—

(a) reviewing the application of treatment criteria for patients;

(b) reviewing the detention of young patients in high security units;

(d) reviewing the fitness for trial of—

(i) persons found by the Mental Health Court to be unfit for trial and the unfitness for trial is not of a permanent nature; and

(ii) persons for whom a jury has made a section 613 or 645 finding;

(e) deciding applications for forensic information orders;

(f) deciding treatment applications;

(g) deciding applications for approval for particular patients to move out of Queensland;

(h) deciding appeals against decisions of administrators of authorised mental health services to refuse to allow persons to visit involuntary patients in health services;

(i) deciding applications for orders for the transfer of persons from an authorised mental health service to the forensic disability service, or from the forensic disability service to an authorised mental health service; Note— See section 169A and the Forensic Disability Act, sections 33 and 34.

(j) deciding appeals against decisions of the administrator under the Forensic Disability Act to refuse to allow persons to visit forensic disability clients in the forensic disability service;

(k) deciding appeals mentioned in section 493AH.

s 437 amd 2007 No. 54 s 3 sch; 2011 No. 13 s 244; 2013 No. 7 s 66 438 Procedure of tribunal The tribunal must exercise its jurisdiction in a way that is fair, just, economical, informal and timely. 439 Powers (1) The tribunal may do all things necessary or convenient to be done for, or in relation to, exercising its jurisdiction. (2) Without limiting subsection (1), the tribunal has the powers conferred on it by this Act. Part 2 Tribunal members and staff 440 Appointment of members (1) The president of the tribunal is to be appointed by the Governor in Council on a full-time basis. (2) The other members are to be appointed by the Governor in Council on a full-time or part-time basis. (3) A person is eligible for appointment as the president of the tribunal only if the person is a lawyer of at least 7 years standing. (4) A person is eligible for appointment as another member only if the person—

(a) is a lawyer of at least 5 years standing; or

(b) is a psychiatrist; or

(5) In recommending persons for appointment as members, the Minister must take into account—

(a) the need for a balanced gender representation in the membership of the tribunal; and

(b) the range and experience of members of the tribunal; and

(6) Also, in recommending persons for appointment as members, if the Minister is not responsible for administering the Forensic Disability Act, the Minister must consult with the Minister responsible for administering that Act. (7) Members are to be appointed under this Act, and not under the Public Service Act 2008 . s 440 amd 2009 No. 25 s 83 sch; 2011 No. 13 s 245 441 Duration of appointment (1) The president of the tribunal holds office for a term of not longer than 5 years stated in the instrument of appointment. (2) Other members hold office for a term of not longer than 3 years in the member’s instrument of appointment. 442 Terms of appointment (1) Members are entitled to be paid the remuneration and allowances decided by the Governor in Council. (2) Members hold office on the terms not provided for in this Act as are decided by the Governor in Council. 443 Resignation A member may resign office by signed notice given to the Minister. 444 Termination of appointment (1) The Governor in Council may terminate the appointment of a member if the Governor in Council is satisfied the member—

(a) is mentally or physically incapable of satisfactorily performing the member’s duties; or

(b) performed the member’s duties carelessly, incompetently or inefficiently; or

(c) is guilty of misconduct that could warrant dismissal from the public service if the member were an officer of the public service.

(2) The Governor in Council must terminate the appointment of a member if the member—

(a) ceases to be eligible for appointment as a member; or

(b) is convicted of an indictable offence.

445 Acting appointment The Governor in Council may appoint a person, who is eligible for appointment as the president of the tribunal, to act as president—

(a) for any period the office is vacant; or

(b) for any period, or all periods, when the president of the tribunal is absent from duty or the State or can not, for another reason, perform the duties of the office.

446 Executive officer and staff (1) There are to be appointed an executive officer of the tribunal and other staff necessary for it to exercise its jurisdiction. (2) The executive officer and other staff are to be employed under the Public Service Act 2008 . (3) The president of the tribunal has all the functions and powers of the chief executive of a department, so far as the functions and powers relate to the organisational unit made up of the tribunal’s staff, as if—

(a) the unit were a department within the meaning of the Public Service Act 2008 ; and

(b) the president were the chief executive of the department.

s 446 amd 2009 No. 25 s 83 sch Part 3 Constitution of tribunal for hearings 447 Members constituting tribunal for hearings (1) Subsection (2) applies to a tribunal hearing for the following matters—

(a) a review;

(b) an application for approval to administer electroconvulsive therapy to a person;

(d) an application for a forensic information order; Note— Under section 318R, an application for a forensic information order may also be decided by the president on the papers or during the hearing for a review for the person about whom the order is sought.

(e) an appeal against a decision of the administrator of an authorised mental health service to refuse to allow a person to visit a patient in the health service;

(f) an application for an order for the transfer of a person from an authorised mental health service to the forensic disability service, or from the forensic disability service to an authorised mental health service;

(g) an appeal against a decision of the administrator under the Forensic Disability Act to refuse to allow a person to visit a forensic disability client in the forensic disability service;

(h) an appeal under section 493AH against an order of the director to suspend limited community treatment for a patient.

(2) Subject to section 448, the tribunal must be constituted by at least 3, but not more than 5, members of whom—

(a) at least 1 must be a lawyer; and

(b) at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, the doctor; and

(3) In deciding the tribunal’s constitution for a hearing for a review for an involuntary patient, the president must have regard to the current risk the patient represents to the safety of himself or herself or others. Note— For directions by president about the number of members to constitute, and the members who are to constitute, the tribunal for a particular hearing, see section 484 (2) (b) and (c). (4) For the hearing of an application for approval to perform psychosurgery, the tribunal must be constituted by 5 members as follows—

(a) a lawyer of at least 7 years standing;

(b) 1 psychiatrist nominated by the Royal Australian and New Zealand College of Psychiatrists;

(d) 1 neurosurgeon nominated by the Royal Australasian College of Surgeons;

(e) 1 person who is not a lawyer or doctor.

s 447 amd 2001 No. 78 s 102 sch 2; 2007 No. 54 s 3 sch; 2011 No. 13 s 246; 2013 No. 7 s 67 448 When tribunal may be constituted by less than 3 members The tribunal may be constituted by less than 3 members—

(a) for a review for a patient under an involuntary treatment order—if the president is satisfied it is in the patient’s best interests and it is appropriate and expedient to do so; or

(b) for an application for approval to administer electroconvulsive therapy—if the president is satisfied it is in the person’s best interests to do so and, on the information contained in the application, the treatment is required urgently and it is appropriate and expedient to do so; or

(c) for the hearing of an appeal against a decision of the administrator of an authorised mental health service to refuse to allow a person to visit a patient in the health service—if the president is satisfied it is appropriate and expedient to do so; or

(d) for deciding an application for an order for the transfer of a person from an authorised mental health service to the forensic disability service, or from the forensic disability service to an authorised mental health service—if the president is satisfied it is appropriate and expedient to do so; or

(e) for the hearing of an appeal against a decision of the administrator within the meaning of the Forensic Disability Act to refuse to allow a person to visit a forensic disability client in the forensic disability service—if the president is satisfied it is appropriate and expedient to do so;

(f) for the hearing of an appeal under section 493AH against an order of the director to suspend limited community treatment for a patient—if the president is satisfied it is appropriate and expedient to do so.

s 448 amd 2001 No. 78 s 102 sch 2; 2011 No. 13 s 247; 2013 No. 7 s 68 449 Presiding member (1) The presiding member for a tribunal hearing is—

(a) if it is constituted by 1 member—the constituting member; or

(b) if it is constituted by more than 1 member—the member decided by the president.

(2) If the tribunal is constituted under section 447 (2), the presiding member must be a lawyer. Part 4 Participation and representation at hearings 450 Right of appearance—reviews (1) The following persons may appear in person at the hearing for a review—

(a) the patient;

(b) for a review on the application of the director—the director;

(2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the tribunal, an agent. (3) If, at a tribunal hearing, the patient is not represented, the presiding member may appoint a person to represent the patient’s views, wishes and interests. Note— The tribunal may, under section 463, adjourn the hearing to allow the appointment to be made. (4) As a representative of the State, the Attorney-General’s role at the hearing for a review under chapter 6, part 3 or 4 is to represent the public interest. s 450 amd 2007 No. 28 s 40 451 Right of appearance—treatment applications (1) The following persons may appear in person at the hearing of a treatment application—

(a) the applicant for the treatment;

(b) the person the subject of the treatment application.

(2) In addition, the person the subject of the treatment application may be represented at the hearing by a lawyer or, with the leave of the tribunal, an agent. (3) If, at a tribunal hearing, the person the subject of the application is not represented, the presiding member may appoint a person to represent the person’s views, wishes and interests. 451A Right of appearance—application for order for transfer to forensic disability service (1) The following persons may appear in person at the hearing of an application for an order for the transfer of a patient from an authorised mental health service to the forensic disability service—

(a) the patient;

(b) the director;

(d) the Attorney-General.

(2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the tribunal, an agent. (3) If, at a tribunal hearing, the patient is not represented, the presiding member may appoint a person to represent the patient’s views, wishes and interests. Note— The tribunal may, under section 463, adjourn the hearing to allow the appointment to be made. s 451A ins 2011 No. 13 s 248 452 Right of appearance—application for approval for patient to move out of Queensland (1) The following persons may appear in person at the hearing of an application for approval for a patient to move out of Queensland—

(a) the patient;

(b) the applicant;

(2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the tribunal, an agent. (3) If, at a tribunal hearing, the patient is not represented, the presiding member may appoint a person to represent the patient’s views, wishes and interests. Note— The tribunal may, under section 463, adjourn the hearing to allow the appointment to be made. 453 Right of appearance—application for forensic information order (1) The following persons may appear in person at the hearing of an application for a forensic information order for a patient—

(a) the patient;

(b) the applicant.

(2) The patient may be represented at the hearing by a lawyer or agent. (3) Also, the applicant with the leave of the tribunal, may be represented at the hearing by a lawyer or, with the leave of the tribunal, an agent. (4) If, at a tribunal hearing, the patient is not represented, the presiding member may appoint a person to represent the patient’s views, wishes and interests. Note— The tribunal may, under section 463, adjourn the hearing to allow the appointment to be made. (5) If the application is heard during the hearing for a review for the patient, the applicant has a right of appearance only for the hearing of the application and not for the review. s 453 amd 2007 No. 54 s 3 sch; 2011 No. 13 s 270 sch 2 pt 2 454 Right of appearance—appeal against decision to exclude a visitor (1) The following persons may appear in person at the hearing of an appeal against a decision of the administrator of an authorised mental health service to refuse to allow a person to visit a patient in the health service—

(a) the appellant;

(b) the administrator.

Note— See chapter 10 (Security of authorised mental health services), part 4 (Exclusion of visitors). (2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the tribunal, an agent. 454A Right of appearance—appeal against director’s order to suspend limited community treatment (1) The following persons may appear in person at the hearing of an appeal under section 493AH against an order of the director to suspend limited community treatment for a patient—

(a) the patient;

(b) the director.

(2) A person mentioned in subsection (1) may be represented at the hearing by a lawyer or, with the leave of the tribunal, an agent. (3) If, at a tribunal hearing, the patient is not represented, the presiding member may appoint a person to represent the patient’s views, wishes and interests. s 454A ins 2013 No. 7 s 69 455 Right of particular persons to attend hearing (1) The following persons may attend a tribunal hearing to help an involuntary patient represent the patient’s views, wishes and interests—

(a) the patient’s allied person;

(b) someone else granted leave to attend by the tribunal.

(2) However, the patient’s allied person or the other person does not become a party to the proceeding. 456 Tribunal may proceed in absence of involuntary patient (1) On the hearing for a review or treatment application for an involuntary patient, the tribunal may proceed in the absence of the patient the subject of the proceeding if—

(a) the tribunal reasonably believes the patient—

(i) is absent because of the patient’s own free will; or

(ii) is unfit to appear; and

(b) the tribunal is satisfied it is appropriate and expedient to do so.

(2) Subsection (1) has effect despite section 459. Part 5 Examination and confidentiality orders 457 Tribunal may order examination (1) 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 (the examining practitioner). (2) The order must state the matters on which the examining practitioner must report on to the tribunal. (3) The examining practitioner must give a written report on the examination to the tribunal. 458 Confidentiality orders (1) The tribunal may, by order (a confidentiality order), prohibit or restrict the disclosure of any of the following to the person the subject of a proceeding—

(a) information given before it;

(b) matters contained in documents filed with, or received by, it;

(d) the reasons for taking or not taking into account material submitted under section 464 (1).

(2) However, the tribunal may make a confidentiality order under subsection (1) only if it is satisfied the disclosure would—

(a) cause serious harm to the health of the person; or

(b) put the safety of the person or someone else at serious risk.

(2A) The tribunal may, by order (also a confidentiality order), prohibit or restrict the disclosure of any of the following to the patient the subject of an application for a forensic information order—

(a) the identity of the applicant;

(b) the existence of the application;

(d) matters contained in documents filed with, or received by, it;

(e) the reasons for its decision on the application.

(2B) However, the tribunal may make a confidentiality order under subsection (2A) only if it is satisfied the disclosure would—

(a) have an adverse effect on the health of the applicant or patient; or

(b) put the safety of the applicant, patient or someone else at risk.

(2C) For subsection (2A), if the applicant applies for the confidentiality order, the order may be made by—

(a) the tribunal constituted by the president on written material and submissions, without the applicant or patient attending a hearing of the application for the order; or

(b) the tribunal at a hearing conducted for the application for the order.

(3) If the tribunal makes a confidentiality order under subsection (1) for a person or patient, the tribunal must—

(a) disclose the information or matters to the lawyer or agent of the person or patient; and

(b) give written reasons for the order to the lawyer or agent.

(4) If the person is not represented by a lawyer or agent, the tribunal must ensure a lawyer or agent is appointed for subsection (3). (5) A person must not contravene a confidentiality order unless the person has a reasonable excuse. Maximum penalty for subsection (5)—40 penalty units. s 458 amd 2003 No. 9 s 67 sch; 2005 No. 10 s 22; 2007 No. 54 s 28; 2011 No. 13 s 270 sch 2 pt 2 Part 6 Procedural provisions 459 Hearing procedures (1) At a hearing, the tribunal must—

(a) observe natural justice; and

(b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues before it.

(2) In conducting the hearing, the tribunal—

(a) is not bound by the rules of evidence; and

(b) may inform itself on a matter in a way it considers appropriate; and

(3) However, the tribunal must comply with this part and any tribunal rules. (4) A party to a proceeding must be given a reasonable opportunity to present the party’s case, and in particular to inspect a document to which the tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions about the document. (5) However, the tribunal may displace the right to inspect by a confidentiality order. 460 Hearing not open to public (1) A hearing must not be open to the public unless the tribunal, by order, directs the hearing or part of the hearing be open to the public. (2) However, the tribunal must not order a hearing be open to the public if the person the subject of the hearing is a young person. (3) Also, the tribunal may make an order directing a hearing or part of a hearing be open to the public only if it is satisfied—

(a) the person the subject of the hearing has agreed to the order; and

(b) the privacy of the parties to the proceeding will not be adversely affected; and

460A Observer may attend hearing (1) A person (an observer) may attend a hearing that is not open to the public under section 460 to observe the hearing if—

(a) the president gives approval for the observer’s attendance at the hearing; and

(b) the person the subject of the hearing has given consent to the observer’s attendance.

(2) However, the president may not give approval for an observer’s attendance at a hearing if the person the subject of the hearing is a young person. s 460A ins 2005 No. 10 s 23 461 Way questions decided (1) A question of law arising at a hearing is to be decided according to the presiding member’s opinion. (2) However, if the tribunal is constituted by 1 member who is not a lawyer—

(a) the member must refer the question of law to another member who is a lawyer to decide; and

(b) the other member must decide the question; and

(3) If the members constituting the tribunal for a hearing are divided in opinion about the decision to be made on another question at the hearing—

(a) if there is a majority of the same opinion—the question is decided according to the majority opinion; or

(b) otherwise—the question is decided according to the opinion of the presiding member.

462 Appointment of assistants The tribunal may appoint a person with appropriate knowledge or experience to assist it in a hearing, including, for example—

(a) a person with appropriate communication skills or appropriate cultural or social knowledge or experience; or

(b) a person with expertise in the aetiology, behaviour and care of persons with an intellectual disability.

s 462 amd 2011 No. 13 s 249 463 Tribunal may adjourn hearings The tribunal may adjourn a tribunal hearing for—

(a) a period of not more than 28 days; or

(b) if the adjournment is for obtaining an examination and the president has approved that the hearing be adjourned for more than 28 days—the period approved by the president.

s 463 sub 2005 No. 10 s 24 amd 2007 No. 54 s 29 464 Submission and consideration of material submitted by victim or concerned person etc. (1) In making a decision in a proceeding, the tribunal may take into account material submitted by a victim of the alleged offence to which the proceeding relates or another person who is not a party to the proceeding (concerned person). (1A) The purpose of submitting the material is to help the tribunal in making a decision in the proceeding, including, for example, deciding—

(a) whether to revoke a forensic order; or

(b) whether to order, approve or revoke limited community treatment; or

(1B) The material may include the views of the person submitting the material about—

(a) the conduct of the person to whom the proceeding relates and the impact of the conduct on the person submitting the material; or

(b) the risk the person submitting the material believes the person to whom the proceeding relates represents to the person submitting the material or another person; or

(1C) If the tribunal takes the material into account, it may place the weight it considers appropriate on the material. (1D) The material must be sworn. (2) Also, for a decision about the making of a non-contact order in favour of a person mentioned in section 228C (3), the tribunal must take into account material giving the person’s views as required under the section. (3) In deciding the weight to place on the material, the tribunal must take into account the following—

(a) whether the person the subject of the proceeding has had sufficient opportunity to examine and reply to the material;

(b) material previously submitted by the person;

(d) any other matter the tribunal considers appropriate.

(4) The person submitting the material under subsection (1) does not have a right of appearance before the tribunal unless otherwise ordered by the tribunal. (5) The submission may be accompanied by a document nominating someone else to receive the information mentioned in section 465 (2) for the person making the submission. s 464 amd 2001 No. 78 s 133; 2007 No. 28 s 41; 2007 No. 54 s 30 465 Reasons for decision about material submitted by victim or concerned person etc. (1) This section applies if, under section 464 (1), a person (the relevant person) submits material to the tribunal for a proceeding. (2) Subject to subsections (3) and (4), the tribunal must, as soon as practicable after making its decision in the proceeding, give the relevant person the following information (the relevant information)—

(a) the reasons for—

(i) taking the material into account; or

(ii) refusing to take the material into account;

(b) if the material was taken into account—a statement about how it was taken into account.

(3) If a forensic information order about a forensic patient has been made for the relevant person and the relevant person has not, under section 464 (5), nominated someone else to receive the relevant information for the person—

(a) the tribunal must, as soon as practicable after making its decision in the proceeding, give the information to the director; and

(b) the director must, as soon as practicable after receiving the information, give the information to the relevant person.

(4) If, under section 464 (5), the relevant person has nominated someone else to receive the relevant information for the person, the tribunal must give the information to the nominee instead of the person. (5) The relevant information given under subsection (2) must not include the following information about the patient to whom the proceeding relates—

(a) the name or address of the in-patient facility at which the patient is being detained under this Act;

(d) information about the treatment or care of the patient at the patient’s treating health service.

(6) If asked by a party to the proceeding, the tribunal must as soon as practicable after making its decision in the proceeding give the party the relevant information. (7) However, a confidentiality order of the tribunal may displace the requirement under subsection (6) to give the relevant information to the person the subject of the proceeding. s 465 sub 2005 No. 10 s 25 amd 2007 No. 28 s 42 sub 2007 No. 54 s 31 amd 2011 No. 13 s 270 sch 2 pt 2 466 Witnesses (1) The presiding member of the tribunal may, by written notice given to a person (an attendance notice), require a person to attend a tribunal hearing at a stated time and place—

(a) to give evidence; or

(b) to produce a stated document or thing that is relevant to the hearing (including a medical report or clinical file for the person the subject of the proceeding).

(2) The presiding member of the tribunal may—

(a) require the evidence to be given on oath; or

(b) allow a person appearing as a witness at a hearing to give information by tendering a written statement, verified, if the member directs, by oath.

(3) For subsection (2) (a), the presiding member may administer an oath. 467 Inspection of documents (1) If a document or thing is produced at a tribunal hearing, the tribunal may—

(a) inspect the document or thing; and

(b) make copies of, photograph, or take extracts from, the document or thing if it is relevant to the proceeding.

(2) The tribunal may also take possession of the document or thing, and keep it while it is necessary for the proceeding. (3) While it keeps a document or thing, the tribunal must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at the reasonable time and place the tribunal decides. 468 Offences by witnesses (1) A person served with an attendance notice must not, without reasonable excuse—

(a) fail to attend as required by the notice; or

(b) fail to continue to attend at the tribunal hearing as required by the presiding member of the tribunal until excused from further attendance.

Maximum penalty—40 penalty units. (2) A person appearing as a witness at a tribunal hearing must not—

(a) fail to take an oath or make an affirmation when required by the presiding member of the tribunal; or

(b) fail, without reasonable excuse, to answer a question the person is required to answer by the presiding member of the tribunal; or

(c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by an attendance notice.

Maximum penalty—40 penalty units. 469 Self-incrimination It is a reasonable excuse for a person to fail to answer a question or to produce a document if answering the question or producing the document might tend to incriminate the person. 470 False or misleading statements (1) A person must not state anything to the tribunal, the executive officer or another tribunal staff member the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’. 471 False or misleading documents (1) A person must not give the tribunal, the executive officer or another tribunal staff member a document containing information the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document—

(a) tells the tribunal, executive officer or other tribunal staff member, to the best of the person’s ability, how it is false or misleading; and

(b) if the person, has, or can reasonably obtain, the correct information—gives the correct information.

(3) It is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’. 472 Fabricating evidence The tribunal is a tribunal for the Criminal Code, section 126. Note— The Criminal Code, section 126 (Fabricating evidence) deals with fabricated evidence in judicial proceedings. 473 Contempt of tribunal (1) A person is in contempt of the tribunal if the person—

(a) insults a member or a member of the tribunal staff at a proceeding, or in going to or returning from the proceeding; or

(b) deliberately interrupts a proceeding, or otherwise misbehaves at a proceeding; or

(c) creates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or

(d) obstructs or assaults a person attending a proceeding; or

(e) obstructs a member in the performance of the member’s functions or the exercise of the member’s powers; or

(f) without lawful excuse, disobeys a lawful order or direction of the tribunal made or given under this Act; or

(g) obstructs a person acting under an order made under this Act by the tribunal or a member; or

(h) does anything at a proceeding or otherwise that would be contempt of court if the tribunal were a court of record.

(2) The tribunal may order that a person who contravenes subsection (1) at a proceeding be excluded from the place where the proceeding is being conducted. (3) A member of the staff of the tribunal or a health practitioner, acting under the tribunal’s order, may, with the help, and using the minimum force, that is necessary and reasonable in the circumstances, exclude the person from the place. s 473 amd 2011 No. 13 s 270 sch 2 pt 2 474 Punishment of contempt (1) Without limiting the tribunal’s power under section 473, a person’s contempt of the tribunal may be punished under this section. (2) The president may certify the contempt in writing to the Supreme Court (the court). (3) For subsection (2), it is enough for the president to be satisfied there is evidence of contempt. (4) The president may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the court to be dealt with according to law. (5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence. (6) The court must inquire into the alleged contempt. (7) The court must hear—

(a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and

(b) any statement given by the person in defence.

(8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to proceedings in the court. (9) The Uniform Civil Procedure Rules 1999 apply to the court’s investigation, hearing and power to punish with necessary changes. (10) The president’s certificate of contempt is evidence of the matters contained in the certificate. 475 Conduct that is contempt and offence If conduct of a person is both contempt of the tribunal and an offence, the person may be proceeded against for the contempt or for the offence, but the person is not liable to be punished twice for the same conduct. 476 Costs Each party to a tribunal proceeding is to bear the party’s own costs. Part 7 Protection and immunities 477 Protection and immunities for tribunal members (1) A member has, in the exercise of jurisdiction for this Act or the Forensic Disability Act, the protection and immunities of a Supreme Court judge exercising the jurisdiction of a judge. (2) Also, a member has, in a proceeding for defamation for a publication made to or by the member in the member’s official capacity, a defence of absolute privilege if the publication was made in good faith. (3) The burden of proving absence of good faith is on a person who alleges the absence. s 477 amd 2011 No. 13 s 270 sch 2 pt 2 478 Other provisions about protection and immunities (1) A lawyer or agent who, under this Act or the Forensic Disability Act, represents a party to a proceeding in a tribunal hearing has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court. (2) A person given an attendance notice or appearing at a tribunal hearing has the same protection and immunity as a witness in a proceeding in the Supreme Court. (3) A document produced at a tribunal hearing has the same protection it would have if produced in the Supreme Court. s 478 amd 2011 No. 13 s 270 sch 2 pt 2 Part 8 Rules and practices 479 Rule-making power (1) The Governor in Council may make rules under this Act. (2) Rules may be made about the following matters—

(a) regulating the practice and procedure to be followed and used in or for proceedings in the tribunal;

(b) fees and expenses payable to witnesses;

(d) service of process, notices, orders or other things on parties and other persons;

(e) the functions and powers of staff of the tribunal.

(3) Rules made under this section are rules of court. 480 Directions about practice (1) Subject to this Act and the tribunal rules, the practice and procedure of the tribunal are as directed by the president of the tribunal. (2) If this Act or the rules do not provide or sufficiently provide for a particular matter, an application for directions may be made to the president of the tribunal. 481 Approved forms—president The president may approve the following forms for use under this Act—

(a) notice of a hearing of a review or treatment application;

(b) application for a forensic information order;

(d) application under section 169A for a transfer order;

(e) notice of appeal under section 376. Note— The notice of appeal is for an appeal to the Mental Health Review Tribunal against—

• a decision made under section 374 to exclude a visitor from an authorised mental health service

• a decision made under the Forensic Disability Act, section 82 to refuse to allow a person to visit a forensic disability client in the forensic disability service.

s 481 amd 2007 No. 54 s 3 sch; 2011 No. 13 s 270 sch 2 pt 2 Part 9 Miscellaneous provisions 482 Authentication of documents A document requiring authentication by the tribunal is sufficiently authenticated if it is signed by a tribunal member. 483 Judicial notice of particular signatures Judicial notice must be taken of the signature of a tribunal member if it appears on a document issued by the tribunal. 484 Arrangement of business (1) The president of the tribunal is responsible for ensuring the quick and efficient discharge of the tribunal’s business. (2) Without limiting subsection (1), the president must give directions about—

(a) the arrangement of the tribunal’s business; and

(b) the number of members to constitute the tribunal for a particular hearing; and

(d) the places and times the tribunal is to sit.

(3) A direction may be of general or limited application. (4) Subsection (2) (b) and (c) has effect subject to part 3. (5) For subsection (2) (c), the members constituting the tribunal for a particular hearing must, as far as practicable, include a member who is culturally appropriate to the patient. 485 Delegation The president of the tribunal may delegate the president’s powers under this Act to another tribunal member. 486 Register (1) The president of the tribunal must keep a register of—

(a) applications for reviews; and

(b) treatment applications; and

(d) its decisions on the reviews, and the reasons for them; and

(e) applications under section 169A for transfer orders.

(2) The president may keep the register in the way the president considers appropriate. s 486 amd 2011 No. 13 s 270 sch 2 pt 2 487 Annual report (1) After each financial year, the president must prepare and give to the Minister a report on the tribunal’s operations in the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it. Chapter 13 Administration Part 1 Director of Mental Health Division 1 Appointment, functions and powers 488 Appointment (1) There is to be a Director of Mental Health. (2) The director is to be appointed by the Governor in Council under this Act and not under the Public Service Act 2008 . s 488 amd 2009 No. 25 s 83 sch 489 Functions (1) The director has the following functions—

(a) to the extent that it is reasonably practicable, ensuring the protection of the rights of involuntary patients under this Act while balancing their rights with the rights of other persons;

(b) to the extent that it is reasonably practicable, ensuring the involuntary admission, assessment, treatment and care of persons complies with this Act;

(ca) monitoring and auditing compliance with this Act;

(d) promoting community awareness and understanding of the administration of this Act;

(e) advising and reporting to the Minister on any matter relating to the administration of this Act—

(i) on the director’s own initiative; or

(ii) on the request of the Minister if the matter is in the public interest.

(2) Also, the director has the other functions given under this Act. s 489 amd 2007 No. 54 s 32; 2011 No. 13 s 270 sch 2 pt 2; 2013 No. 7 s 70 490 Powers—general (1) The director has the powers given under this Act. (2) In addition, the director has power to do all things necessary or convenient to be done in performing the director’s functions. 491 Independence of director (1) In exercising a power under this Act, the director is not under the control of the Minister. (2) Despite subsection (1), the Minister may direct the director under division 1A. s 491 amd 2013 No. 7 s 71 492 Delegation (1) The director may delegate the director’s powers under this Act to an appropriately qualified public service officer in the department or a health service employee appointed under the Hospital and Health Boards Act 2011 , part 5. (2) However—

(a) the director must not delegate a power under part 2; and

(b) the director may delegate a power under division 1A only to a senior executive or a health executive within the department.

(3) In this section— health executive has the meaning given in the Hospital and Health Boards Act 2011. senior executive has the meaning given in the Public Service Act 2008 . s 492 amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47); 2013 No. 7 s 72 493 Approved forms The director may approve forms for use under this Act, other than a form that the president of the Mental Health Court or the president of the tribunal may approve under section 421 or 481. s 493 amd 2007 No. 28 s 22 493A Policies and practice guidelines about treatment and care of patients, other than forensic patients (1) The director may issue policies and practice guidelines about the treatment and care of a patient, other than a forensic patient. Note— Under section 309A, the director must issue policies and practice guidelines about the treatment and care of a forensic patient. (2) If a policy or practice guideline is inconsistent with this Act, the policy or practice guideline is invalid to the extent of the inconsistency. (3) In this section— issue, a policy or practice guideline, includes amend the policy or practice guideline. s 493A ins 2007 No. 54 s 33 493AB Director may require production of documents etc. (1) For the proper and efficient administration of this Act, the director may, by written notice, require the administrator of an authorised mental health service to—

(a) produce to the director a stated document (including a medical record), or a copy of a stated document, about a patient receiving treatment in the service or another document relevant to the administration or enforcement of this Act; or

(b) provide stated information to the director about—

(i) a patient who has been examined or assessed or is being examined or assessed in the health service; or

(ii) a patient who has received, or is receiving, treatment in the health service; or

(iii) another matter relevant to the administration or enforcement of this Act.

(2) The notice must state the day (the stated day) on which the document, record or information is to be produced or provided. (3) The stated day must be a reasonable time after the notice is given. (4) The administrator must comply with the notice unless the administrator has a reasonable excuse. Maximum penalty—40 penalty units. (5) It is a reasonable excuse if complying with the notice might tend to incriminate the administrator. (6) If a document or medical record is produced to the director, the director—

(a) may inspect it and make copies of, or take extracts from, the document if it is relevant to the administration of this Act; and

(b) for an original document—must return it to the administrator within a reasonable time after it is produced.

s 493AB ins 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) Division 1A Action by director where serious risk to person or public safety div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AC Minister may direct the director to investigate matter and consider taking appropriate action (1) Subsection (2) applies if the Minister considers that—

(a) a matter has arisen in relation to 1 or more patients (the significant matter); and

(b) there is a serious risk to the life, health or safety of a person or a serious risk to public safety because of the matter (the related risk).

(2) The Minister may direct the director to—

(a) immediately undertake a review of the significant matter and related risk to decide—

(i) whether action is necessary to remove, or to control or manage, the related risk; and

(ii) whether there are systemic issues that need to be addressed to avoid the risk from recurring; and

(b) consider taking any of the actions mentioned in section 493AE to address the significant matter to prevent it from recurring; and

(i) on the outcome of the review; and

(ii) if action is taken as a result of the review—on the action taken.

(3) To remove any doubt, it is declared that the Minister’s power under this section—

(a) is limited to requesting the director to review and report on a significant matter and related risk; and

(b) does not allow the Minister to direct the director to take action, or any particular action, in relation to the significant matter or related risk.

div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AD Director must consult before ordering suspension of limited community treatment (1) Subsection (2) applies if the director is considering making an order under section 493AE (2) (a) in relation to a significant matter or related risk. (2) Before making the order, the director must—

(a) consult with the administrator of each authorised mental health service likely to be affected by the director’s order about—

(i) the likely impact of the order on the service’s operations; and

(ii) the likely impact of the order on patients the subject of the order; and

(iii) for a patient who is a child—the best interest and needs of the child; and

(b) notify the Attorney-General about the action proposed; and

(c) if action by the Queensland Police Service is likely to be required in relation to the order—consult the commissioner of the police service; and

(d) if the action proposed is likely to affect a young patient in the custody of the chief executive under the Child Protection Act 1999 —notify the chief executive under the Child Protection Act 1999 about the action proposed.

div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AE Action director may take for a significant matter and related risk (1) Subsection (2)—

(a) applies if the director considers there is a significant matter and related risk; and

(b) applies whether or not a direction has first been given to the director by the Minister under section 493AC.

(2) The director may do one of more of the following—

(a) order the suspension of limited community treatment for a relevant patient or class of relevant patient;

(b) order an administrator to provide a report on the circumstances that led to the significant matter and related risk;

(c) review, or order an administrator to review and report back on, any treatment plans relevant to the significant matter or related risk or a possible similar matter or risk that might arise in the future;

(d) review any guidelines, policies and protocols about the use of limited community treatment;

(e) take any other action necessary to prevent a similar significant matter and related risk from arising again.

(3) A reference in subsection (2) (a) to limited community treatment includes limited community treatment ordered or approved by the Mental Health Court or the tribunal. div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AF What director’s order must contain (1) Subsection (2) applies if the director makes an order under section 493AE (2) (a) in relation to a relevant patient or relevant patients. (2) The director's order must include the following—

(a) if the order relates to a particular relevant patient—the name of the patient;

(b) if the order relates to a class of relevant patient—sufficient detail to identify the class of patient to which the order applies; Examples of classes of relevant patient for paragraph (b)—

1 all forensic patients in an in-patient facility within an authorised mental health service

2 all forensic patients on limited community treatment who have been in the community for less than 3 months

3 all classified patients treated by a stated psychiatrist

(d) if the order to suspend limited community treatment will require a relevant patient or class of relevant patient to return to an authorised mental health service—the name of the service and the time or date by which the patient must return to the service.

(3) For subsection (2) (d), the order may state an authorised mental health service other than the service in which the patient is usually detained. div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AG Director may vary period of order or end the order The director may, for an order under section 493AE (2) (a), at any time before the period of the order ends—

(a) extend the period of the order if the director reasonably believes the significant matter or related risk still exists; or

(b) end the order.

div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AH Appeal against director’s order to suspend limited community treatment (1) A patient to whom a director’s order to suspend limited community treatment applies may appeal to the tribunal against the order on the ground that the director incorrectly decided that—

(a) there was a significant matter and related risk; or

(b) the patient was a patient of the class to which the order applied.

(2) If the tribunal decides that the director incorrectly decided that there was a significant matter and related risk, the tribunal must set aside the order. (3) If the tribunal decides that the director incorrectly decided that the patient was a patient of the class to which the order applied, the tribunal—

(a) must order that the director’s order does not apply to the patient; and

(b) may amend the order to more appropriately describe the class of patients to which the order applies or set aside the order.

div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AI Persons to whom tribunal must give a copy of its decision The tribunal must give a copy of its decision for an appeal under section 493AH to the following—

(a) the parties to the appeal;

(b) the allied person of the patient who appealed against the order;

(d) if the appeal relates to a young patient in the custody of the chief executive under the Child Protection Act 1999— the chief executive under that Act.

div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 493AJ Decision to be given effect The director and the administrator of the patient’s treating health service must ensure the tribunal’s decision is given effect. div 1A (ss 493AC–493AJ) ins 2013 No. 7 s 73 Division 2 Miscellaneous provisions 493B Giving information about patient to director (forensic disability) or nominee (1) The director, or a person nominated by the director, may give information about a person who is or was a patient to—

(a) the director (forensic disability); or

(b) a person nominated by the director (forensic disability).

(2) However, the director may only give the information if the director is satisfied the information is reasonably necessary for enabling the director (forensic disability) to perform that director’s functions under the Forensic Disability Act. (3) This section does not limit section 169K. (4) In this section— information includes a document. s 493B ins 2011 No. 13 s 250 494 Annual report (1) After the end of each financial year, the director must give to the Minister a report on the administration of this Act during the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it. Part 2 Authorised mental health services, high security units and administrators 495 Declaration of authorised mental health services The director may, by gazette notice, declare a health service, or part of a health service, providing treatment and care of people who have mental illnesses to be an authorised mental health service for this Act. 496 Declaration of high security units The director may, by gazette notice, declare a public sector mental health service, or part of public sector mental health service, to be a high security unit for this Act. 497 Declaration of administrators of authorised mental health services and high security units (1) The director may, by gazette notice, declare a person to be the administrator of an authorised mental health service or high security unit for this Act. (2) The declaration may state the administrator by name or reference to the holder of a stated office. 498 Delegations by administrator The administrator of an authorised mental health service may delegate the administrator’s powers under this Act to an appropriately qualified officer or employee of the health service. 498A Administrator’s obligation to ensure policies and practice guidelines are given effect The administrator of an authorised mental health service must ensure any relevant policies and practice guidelines about the treatment and care of patients issued by the director under this Act are given effect. s 498A ins 2007 No. 54 s 34 Part 3 Authorised mental health practitioners and approved officers 499 Appointment of authorised mental health practitioners (1) The director may appoint a health practitioner to be an authorised mental health practitioner if the practitioner is—

(a) a health service employee of an authorised mental health service; or

(b) an officer or employee of the department.

(2) However, a health practitioner may be appointed to be an authorised mental health practitioner only if, in the director’s opinion, the practitioner has the necessary expertise and experience to be an authorised mental health practitioner. s 499 amd 2001 No. 78 s 102 sch 2 500 Appointment of approved officers (1) The director may appoint a health practitioner, lawyer or other person to be an approved officer. (2) However, a person may be appointed to be an approved officer only if, in the director’s opinion, the officer has the necessary expertise or experience to be an approved officer. 501 Terms of appointment (1) An authorised mental health practitioner or approved officer holds office on the terms stated in the instrument of appointment. (2) An authorised mental health practitioner or approved officer ceases to hold office if the practitioner or officer ceases to be qualified for appointment as an authorised mental health practitioner or approved officer. 502 Powers (1) An authorised mental health practitioner or approved officer has the powers given under this Act. Note— Authorised mental health practitioners have powers under chapter 2, part 2, chapter 2, part 3, division 2 and chapter 3, part 1. Approved officers have powers under chapter 14, part 6. (2) Subsection (1) has effect subject to any limitation stated in the instrument of appointment for the practitioner or officer. 503 Approval of identity cards (1) The director must approve identity cards for authorised mental health practitioners and approved officers. (2) An approved identity card for an authorised mental health practitioner or approved officer must—

(a) contain a recent photograph of the practitioner or officer; and

(b) for an authorised mental health practitioner—state the person’s occupation.

Part 4 Authorised doctors and appointed health practitioners pt hdg amd 2001 No. 78 s 102 sch 2 504 Who is an authorised doctor (1) The administrator of an authorised mental health service may, by written instrument, appoint a doctor to be an authorised doctor for the health service. (2) However, a doctor may be appointed to be an authorised doctor only if, in the administrator’s opinion, the doctor has the necessary expertise or experience to be an authorised doctor. (3) The administrator of an authorised mental health service who is a psychiatrist is also an authorised doctor for the health service. 505 Powers (1) An authorised doctor has the powers given under this Act. (2) Subsection (1) has effect subject to any limitation stated in the doctor’s instrument of appointment. 505A Appointment of certain health practitioners (1) The administrator of an authorised mental health service may, by written instrument, appoint a person to be a health practitioner. (2) However, a person may be appointed to be a health practitioner only if, in the administrator’s opinion, the person has the necessary training, qualifications and expertise in the provision of mental health services to be a health practitioner. (3) An appointment made under this section may limit the exercise of the powers the person has as a health practitioner under this Act. s 505A ins 2001 No. 78 s 134 506 Register of authorised doctors and certain health practitioners The administrator of an authorised mental health service must keep a register of—

(a) authorised doctors for the health service; and

(b) health practitioners appointed by the administrator under section 505A.

s 506 sub 2001 No. 78 s 102 sch 2 Chapter 14 Enforcement, evidence and legal proceedings Part 1 Return of patients to treating health service for assessment or treatment 507 Authorised doctor may require involuntary patient’s return (1) An authorised doctor may, by written notice given to an involuntary patient, require the patient to return to a stated authorised mental health service on or before a stated time—

(a) to complete the patient’s assessment under chapter 2 or 3; or

(b) to give effect to a change to the patient’s treatment plan; or

(d) if the doctor reasonably believes—

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

(ii) it is necessary in the interests of the health or safety of the patient or the safety of others.

(2) The doctor must—

(a) state the reasons for the requirement in the notice; and

(b) talk to the patient about the requirement.

(3) However, the doctor need not comply with subsection (2) (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.

508 Taking patient to authorised mental health service (1) This section applies to—

(a) a patient required by notice under section 507 to return to an authorised mental health service; or

(b) a patient for whom an approval was given under section 186 and the approval is revoked or the period of absence under the approval ends; or

(c) a patient for whom a court has made an order under section 101 (2), 273 (1) (b) or 337 (6) and who unlawfully absents himself or herself from the health service; or

(d) a patient who has to return to an authorised mental health service because of an order of the director under section 493AE (2) (a).

(2) A health practitioner or police officer may take the patient to the in-patient facility of the authorised mental health service. (3) For subsection (2), the health 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 asked by a health practitioner, a police officer must, as soon as reasonably practicable, ensure reasonable help is given. (5) 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). (6) Also, if the patient is a classified or forensic patient or a patient mentioned in subsection (1) (c), a police officer may detain the patient. 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). s 508 amd 2002 No. 23 s 3 sch; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2011 No. 13 s 270 sch 2 pt 2; 2013 No. 7 s 74 509 Administration of medication while being taken to authorised mental health service (1) For taking a patient to whom section 508 applies to an authorised mental health service, medication may be administered to the patient while being taken to the health service despite the absence or refusal of the patient’s consent. (2) 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 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 509 amd 2011 No. 13 s 270 sch 2 pt 2 Part 2 Entry to places 510 Application of pt 2 This part applies if, under section 25, 117, 119 or 508, a person (the authorised person) is authorised or required to take someone else (the patient) to an authorised mental health service. 511 Entry of places For taking the patient to the authorised mental health service, the authorised person may enter a place if—

(a) the occupier of the place consents to the entry; or

(b) it is a public place and the entry is made when the place is open to the public; or

512 Application for warrant for apprehension of patient (1) An authorised person or police officer may apply to a magistrate for a warrant for apprehension of the patient. (2) The application must be sworn and state the grounds on which it is sought. (3) The magistrate may refuse to consider the application until the authorised person or police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. s 512 amd 2001 No. 78 s 102 sch 2 513 Issue of warrant (1) The magistrate may issue a warrant for apprehension only if the magistrate is satisfied—

(a) there are reasonable grounds for suspecting the patient may be found at the place; and

(b) the warrant is necessary to enable the patient to be taken to an authorised mental health service for assessment, treatment or care.

(2) The warrant authorises a police officer to detain the patient and take the patient to the authorised mental health service. 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). Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 (Power to use force against individuals). (3) The warrant must state the following—

(a) a police officer’s powers under subsection (2);

(b) for exercising the powers, a police officer may, under the Police Powers and Responsibilities Act 2000 , section 21—

(i) enter and stay for a reasonable time on a place to detain the patient; and

(ii) search the place to find the patient;

(d) the day (within 7 days after the warrant’s issue) when the warrant ends.

s 513 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86) 514 Special warrants (1) An authorised person or police officer may apply for a warrant for apprehension of the patient (a special warrant) by phone, fax, radio or another form of communication if the authorised person or police officer considers it necessary because of—

(a) urgent circumstances; or

(b) other special circumstances, including, for example, the remote location of the authorised person or police officer.

(2) Before applying for the special warrant, the authorised person or police officer must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person or police officer may apply for the warrant before the application is sworn. (4) After issuing the special warrant, the magistrate must immediately fax a copy to the authorised person or police officer if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the authorised person or police officer—

(a) the magistrate must tell the authorised person or police officer—

(i) what the terms of the warrant are; and

(ii) the date and time the warrant is issued; and

(b) the authorised person or police officer must complete a form of warrant (a warrant form) and write on it—

(i) the magistrate’s name; and

(ii) the date and time the magistrate issued the special warrant; and

(iii) the terms of the special warrant.

(6) The facsimile warrant, or the warrant form properly completed by the authorised person or police officer, authorises the exercise of powers under the warrant made by the magistrate. (7) The authorised person or police officer must, at the first reasonable opportunity, send to the magistrate—

(a) the sworn application; and

(b) if the authorised person or police officer completed a warrant form—the completed warrant form.

(8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find the exercise of a power by a police officer was not authorised by a special warrant if—

(a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and

(b) the special warrant is not produced in evidence; and

515 Warrants—procedure before entry (1) This section applies if a police officer is intending to enter a place under a warrant for apprehension of a patient. (2) Before entering the place, the police officer must do or make a reasonable attempt to do the following things—

(a) identify himself or herself to a person present at the place who is an occupier of the place;

(b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 514 (6), a copy of the facsimile warrant or warrant form;

(3) For subsection (2) (a), the police officer must identify himself or herself in the way stated in the Police Powers and Responsibilities Act 2000 , section 637 (2) or (3). (4) However, the officer need not comply with subsection (2) if the officer reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. s 515 amd 2001 No. 78 s 102 sch 2; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86) Part 3 Use of reasonable force for detention and treatment 516 Use of reasonable force to detain person in authorised mental health service (1) This section applies if, under a provision of this Act or a forensic order (Criminal Code), a person is authorised or required to be detained in an authorised mental health service. (2) The administrator of the health service, and anyone lawfully helping the administrator, may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances. s 516 amd 2011 No. 13 s 270 sch 2 pt 2 517 Treatment of particular patients without consent and with use of reasonable force (1) This section applies to a patient under an involuntary treatment or forensic order. (2) Subject to chapter 4, part 3, division 2, the patient may be treated for the person’s mental illness without the consent of the person or anyone else. (3) A person lawfully providing, or lawfully helping in providing, the treatment may use minimum force, that is necessary and reasonable in the circumstances, to provide or help provide the treatment. s 517 amd 2011 No. 13 s 270 sch 2 pt 2 Part 4 Offences 518 Offences relating to ill-treatment (1) This section applies to a person who—

(a) has a responsibility for the assessment, examination, detention, treatment or care of a person in an authorised mental health service (the patient); or

(b) has the care or custody of a patient in an authorised mental health service.

(2) The person must not ill-treat the patient. Maximum penalty—150 penalty units or 1 year’s imprisonment. (3) In this section— ill-treat includes to wilfully abuse, neglect or exploit. s 518 amd 2011 No. 13 ss 251, 270 sch 2 pt 2 519 Offences relating to patients in custody absconding (1) This section applies if, under this Act, a person (the authorised person)—

(a) is taking a classified or forensic patient—

(i) to an authorised mental health service; or

(ii) to the forensic disability service; or

(iii) to appear before a court; or

(iv) to a place of custody; or

(b) is accompanying a classified or forensic patient or a patient for whom a court has made an order under section 273 (1) (b) while the patient is undertaking limited community treatment; or

(c) is caring for a classified or forensic patient or a patient for whom a court has made an order under section 101 (2), 273 (1) (b) or 337 (6) during the patient’s absence under an approval given under section 186.

(2) For this section, while the authorised person is acting as mentioned in subsection (1), the patient is in the authorised person’s charge. (3) The authorised person must not wilfully allow the patient to abscond from the authorised person’s charge. Maximum penalty—200 penalty units or 2 years imprisonment. (4) A person must not knowingly help the patient to abscond from the authorised person’s charge. Maximum penalty for subsection (4)—200 penalty units or 2 years imprisonment. s 519 amd 2002 No. 23 s 3 sch; 2011 No. 13 s 252 520 Other offences relating to absence of patients (1) A person must not—

(a) induce, or knowingly help, a patient detained in an authorised mental health service to unlawfully absent himself or herself from the health service; or

(b) knowingly harbour a patient who is unlawfully absent from an authorised mental health service.

Maximum penalty—

(a) if the patient is a classified or forensic patient or a patient for whom a court has made an order under section 101 (2), 273 (1) (b) or 337 (6)—200 penalty units or 2 years imprisonment; or

(b) otherwise—20 penalty units.

(2) For subsection (1) (b), a patient, within the meaning of section 519, is unlawfully absent from the health service if the patient has absconded from the charge of a person mentioned in section 519 (2). (3) A person employed in an authorised mental health service must not wilfully allow a patient detained in the health service to unlawfully absent himself or herself from the health service. Maximum penalty—

(a) if the patient is a classified or forensic patient or a patient for whom a court has made an order under section 101 (2), 273 (1) (b) or 337 (6)—200 penalty units or 2 years imprisonment; or

(b) otherwise—20 penalty units.

s 520 amd 2002 No. 23 s 3 sch 521 Obstruction of official (1) A person must not obstruct an official in the exercise of a power under this Act, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (2) However, a patient does not commit an offence against subsection (1) merely because the patient resists the exercise of the power in relation to himself or herself. (3) In this section— official means—

(a) the director, an administrator of an authorised mental health service, health practitioner, ambulance officer, authorised officer or approved officer or an appointed person under section 429; or

(b) a person acting under the direction of a person mentioned in paragraph (a).

522 False or misleading documents (1) A person must not state anything in any document required or permitted to be made under this Act the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units. (2) It is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’. Part 5 Confidentiality 523 Definition for pt 5 In this part— report, of a proceeding, includes a report of part of the proceeding. 524 Publication of reports and decisions on references—Mental Health Court and Court of Appeal (1) A person must not publish a report of a proceeding, or a decision on a proceeding, in the Mental Health Court or Court of Appeal for a reference before the end of the prescribed day after the decision on the proceeding. Maximum penalty—200 penalty units or 2 years imprisonment. (2) In this section— patient means the person the subject of a reference. prescribed day means—

(a) for a decision that will result in the patient being brought to trial for the offence under the reference—the end of the trial; or

(b) for a decision of the Mental Health Court that will not result in the patient being brought to trial for the offence under the reference—

(i) the day that is 28 days after the date of the decision; or

(ii) if an appeal to the Court of Appeal against the decision is started within the 28 days, the later of the following—

(A) the day that is 28 days after the date of the Court of Appeal’s decision on the appeal;

(B) if the Court of Appeal’s decision on the appeal will result in the patient being brought to trial for the offence—the end of the trial; or

(iii) if an appeal to the Court of Appeal against the decision is started within the 28 days but is later withdrawn—the day that is 28 days after the date of the decision; or

(iv) if an appeal to the Court of Appeal against the decision is not started within the 28 days but within that time the patient elects, under chapter 7, part 8, to be brought to trial for the offence—the end of the trial; or

(c) for a decision of the Court of Appeal that will not result in the patient being brought to trial for the offence under the reference, the later of the following—

(i) the day that is 28 days after the date of the decision;

(ii) if the patient elects, under chapter 7, part 8, to be brought to trial for the offence—the end of the trial.

525 Publication of reports of other proceedings (1) A person must not publish a report of a proceeding of—

(a) the tribunal; or

(b) the Mental Health Court relating to an appeal against a decision of the tribunal; or

Maximum penalty—200 penalty units or 2 years imprisonment. (2) However, a person does not commit an offence against subsection (1) if the person publishes the report with the leave of the tribunal or court. (3) The tribunal or court may grant leave to publish the report only if it is satisfied—

(a) publication of the report is in the public interest; and

(b) the report does not contain information that identifies, or is likely to identify—

(i) the person the subject of the proceeding; or

(ii) a person who appears as a witness before the tribunal or court in the proceeding; or

(iii) a person mentioned or otherwise involved in the proceeding.

526 Publication of information disclosing identity of parties to proceedings (1) A person must not publish information that identifies, or is likely to lead to the identification of, a young person who is or has been a party to any proceeding under this Act in the tribunal, Mental Health Court or Court of Appeal. Maximum penalty—200 penalty units or 2 years imprisonment. (2) A person must not publish information that identifies, or is likely to lead to the identification of, a person other than a young person who is or has been a party to a proceeding mentioned in section 525 (1). Maximum penalty—200 penalty units or 2 years imprisonment. (3) However, a person does not commit an offence by publishing information mentioned in subsection (1) or (2) if the director has, in writing, authorised the publication. (4) The director may authorise the publication only if the director believes, on reasonable grounds—

(a) the publication is necessary to assist in lessening or preventing a serious risk to—

(i) the life, health or safety of a person, including the person to whom the information relates; or

(ii) public safety; or

(b) the publication is in the public interest.

s 526 amd 2013 No. 7 s 75 527 Publication of information disclosed under classified patient information order or forensic information order A person must not publish information contained in a notice given under a classified patient information order or forensic information order. Maximum penalty—200 penalty units or 2 years imprisonment. s 527 amd 2007 No. 54 s 3 sch; 2011 No. 13 s 270 sch 2 pt 2 528 Confidentiality of information—officials (1) This section applies to a person who—

(a) is or has been—

(i) an assisting psychiatrist; or

(ii) the registrar or another member of staff of the registry; or

(iii) a member of the tribunal; or

(iv) the executive officer; or

(v) a member of the staff of the tribunal; or

(vi) another person providing services to the tribunal; and

(b) in that capacity acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs.

(2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—50 penalty units. (3) However, the person may disclose the information or give access to the document to someone else—

(a) to the extent necessary to perform the person’s functions under or in relation to this Act; or

(b) to the extent necessary for the other person to perform that person’s functions under or in relation to this Act; or

(d) if the person to whom the information relates agrees to the disclosure or giving of access and the person is an adult when the agreement is given.

s 528 amd 2005 No. 10 s 26 529 Confidentiality of information—allied persons and agents (1) This section applies to a person who—

(a) is or has been—

(i) a patient’s allied person; or

(ii) an agent representing a party at the hearing of a proceeding; or

(iii) a person appointed by the tribunal to represent a person’s views, wishes and interests at a tribunal hearing; or

(iv) a person granted leave by the tribunal to attend a tribunal hearing to help a patient represent the patient’s views, wishes and interests; and

(b) in that capacity acquired information about another person’s affairs or has access to, or custody of, a document about another person’s affairs.

(2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—50 penalty units or 6 months imprisonment. (3) However, the person may disclose the information or give access to the document to someone else if—

(a) the disclosure or giving of access is otherwise required or permitted by law; or

(b) the person to whom the information relates agrees to the disclosure or giving of access and the person is an adult when the agreement is given.

530 Disclosure of confidential information (1) For a person (a relevant person) exercising a power under this Act—

(a) a designated person under the Hospital and Health Boards Act 2011 , part 7, may disclose information to the relevant person that is confidential information under that part; and

(b) the director or an officer, employee or agent of the department may disclose information to the relevant person that is subject to confidentiality under the Private Health Facilities Act 1999 , section 147.

(2) Subsection (1) does not apply to the preparation of an annual report under this Act. s 530 amd 2005 No. 10 s 50 sch; amd 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) Part 6 Investigations 531 Definition of patient for pt 6 In this part— patient, in an authorised mental health service, means any person admitted to or assessed, examined, detained, treated or cared for in the health service. s 531 def patient amd 2011 No. 13 s 270 sch 2 pt 2 532 Approved officer may visit authorised mental health services (1) An approved officer may, for the proper and efficient administration of this Act, visit an authorised mental health service (whether with or without notice) between the hours of 8a.m. and 6p.m. (2) On the visit, the officer may exercise the following powers—

(a) inspect any part of the health service;

(b) confer alone with a patient in the health service;

(c) make inquiries about the admission, assessment, examination, detention, treatment or care of a patient in the health service;

(d) inspect any document (including a medical record) about a patient who—

(i) has been examined or assessed or is being examined or assessed in the health service; or

(ii) has received, or is receiving, treatment or care in the health service;

(e) inspect any record or register required to be kept under this Act;

(f) require the administrator of the health service, or another person employed or engaged in the health service, to give to the officer reasonable help for the exercise of the powers mentioned in paragraphs (a) to (e).

(3) When making a requirement under subsection (2) (f), the officer must warn the administrator of the health service or the other person it is an offence not to comply with the requirement, unless the person has a reasonable excuse. (4) A person required to give reasonable help under subsection (2) (f) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (5) If a person is required under subsection (2) (f) to give reasonable help by giving information or producing a document, it is a reasonable excuse if complying with the requirement might tend to incriminate the person. s 532 amd 2011 No. 13 s 270 sch 2 pt 2 533 Approved officer may require production of documents etc. (1) For the proper and efficient administration of this Act, an approved officer may, by written notice, require the administrator of an authorised mental health service to—

(a) produce to the officer a stated document (including a medical record), or a copy of a stated document, about a patient receiving treatment or care in the service or another document relevant to the administration or enforcement of this Act; or

(b) provide stated information to the officer about—

(i) a patient who has been examined or assessed or is being examined or assessed in the health service; or

(ii) a patient who has received, or is receiving, treatment or care in the health service; or

(iii) another matter relevant to the administration or enforcement of this Act.

(a) may inspect it and make copies of, or take extracts from, the document if it is relevant to the administration of this Act; and

(b) for an original document—must return it to the administrator within a reasonable time after it is produced.

s 533 amd 2011 No. 13 s 270 sch 2 pt 2 Part 7 Evidence and legal proceedings 534 Evidentiary provisions (1) This section applies to a proceeding under or in relation to this Act. (2) Unless a party, by reasonable notice, requires proof of—

(a) the appointment of the director, an authorised mental health practitioner, the administrator of, or an authorised doctor for, an authorised mental health service; or

(b) the authority of a person mentioned in paragraph (a) to do an act under this Act;

the appointment or authority must be presumed. (3) A signature purporting to be the signature of the director, president of the tribunal or the administrator of, or authorised doctor for, an authorised mental health service, is evidence of the signature it purports to be. (4) A certificate purporting to be signed by the director stating any of the following matters is evidence of the matter—

(a) a stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act;

(b) on a stated day, or during a stated period, a stated person was or was not an involuntary patient or stated type of involuntary patient;

(c) a stated place is, or was on a stated day or during a stated period, an authorised mental health service or high security unit;

(d) on a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act;

(e) a stated document is a copy of a part of a register kept under this Act.

(5) A document purporting to be certified by the executive officer of the tribunal and to be a copy of an order or decision of the tribunal, is evidence of the order or decision. 535 Proceedings for offences (1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 . (2) The proceeding must start—

(a) within 1 year after the commission of the offence; or

(b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

536 Protection of officials from liability (1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. (3) In this section— official means—

(a) the Minister, the director, an administrator of an authorised mental health service, health practitioner, ambulance officer, authorised officer or approved officer or an appointed person under section 429; or

(b) a person acting under the direction of a person mentioned in paragraph (a).

s 536 amd 2013 No. 7 s 76 Part 8 General 537 Compliance with particular provisions as soon as practicable (1) This section applies if, under a provision of this Act—

(a) a person is required or permitted to—

(i) make, prepare or give a document to another person; or

(ii) talk to or tell another person about a matter; and

(b) no time is provided or allowed for complying with the provision.

(2) The provision must be complied with as soon as practicable. 538 Compliance with provision to extent reasonably practicable (1) This section applies if, under a provision of this Act, a person is authorised or required to give notice to or tell someone about a matter. (2) The person need only comply with the provision to the extent that is reasonably practicable in the circumstances. (3) Without limiting subsection (2), it is not reasonably practicable for the administrator of an authorised mental health service to comply with a provision relating to an allied person for a patient if, after reasonable enquiries, the administrator can not ascertain the allied person’s whereabouts. 539 Administrator taken to have complied with particular requirements (1) This section applies if, under a provision of this Act—

(a) the administrator of an authorised mental health service is required to give notice to or tell an allied person for a patient about a matter; and

(b) the administrator purportedly complies with the requirement by giving a notice to or telling a person about the matter in the honest and reasonable belief the person is the patient’s allied person.

(2) The administrator is taken to have complied with the requirement. (3) Anything done or omitted to be done under this Act in reliance on the administrator’s purported compliance with the requirement is taken to be as effective as it would have been had the administrator complied with the requirement. Chapter 15 Miscellaneous provisions 540 Legal custody of particular patients (1) The following patients are in the legal custody of the administrator of the patient’s treating health service—

(a) a classified patient;

(b) a forensic patient—

(i) the Mental Health Court has decided is unfit for trial but the unfitness for trial is not of a permanent nature; or

(ii) for whom a jury has made a section 613 or 645 finding;

(2) Also, a person detained in an authorised mental health service under a court examination order is in the legal custody of the administrator of the health service. s 540 amd 2002 No. 23 s 3 sch 541 Taking patients to appear before court and return to treating health service (1) This section applies if a patient who is detained in an authorised mental health service is required for any reason to appear before a court. (2) A health practitioner may take the patient to appear before the court. (3) Subject to any order the court may make, a health practitioner may take the patient back to the health service at the end of the proceedings. (4) For subsections (2) and (3), the health 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 541 amd 2011 No. 13 s 270 sch 2 pt 2 541A Ensuring patient understands things told or explained to the patient (1) If a provision of this Act requires a person to tell or explain something to a patient, the person must do so—

(a) in the language or way the patient is most likely to understand; and

(b) in a way that has appropriate regard to the patient’s age, culture, mental illness, communication ability and any disability.

(2) If the person believes the patient has not understood what the person told or explained to the patient, the person must record details of the fact in the patient’s file. s 541A ins 2011 No. 13 s 253 541B Effect of order for transfer on forensic order (1) This section applies if a patient is transferred to an authorised mental health service under—

(a) an order made under section 166 or 167; or

(b) an order of the tribunal or Mental Health Court.

(2) While the person is a forensic patient, the forensic order relating to the person—

(a) continues to apply to the person; and

(b) is to be read with any changes necessary to give it effect, subject to the order mentioned in subsection (1), in relation to the person’s treatment or care under this Act.

s 541B ins 2011 No. 13 s 253 542 Official to identify himself or herself before exercising powers (1) Before exercising a power under this Act in relation to another person, an official must, to the extent that it is reasonable and practicable in the circumstances, identify himself or herself, and anyone else helping the official exercise the power, to the other person. (2) An official complies with subsection (1) if the official—

(a) first produces his or her identity card for the person’s inspection; or

(b) has his or her identity card displayed so that it is clearly visible to the person.

(3) Failure to comply with subsection (1) does not affect the validity of the exercise of the power. (4) In this section— official means—

(a) generally—a health practitioner or an ambulance officer who is not in uniform; or

(b) for chapter 10, part 3—an authorised officer; or

543 Period counted as imprisonment (1) The period a person is a classified or forensic patient or is detained in an authorised mental health service under a court examination order or court order under section 101 (2), 273 (1) (b) or 337 (6), for a particular offence, is—

(a) for the Penalties and Sentences Act 1992 —taken to be imprisonment already served under the sentence for the offence; or Note— See the Penalties and Sentences Act 1992 , section 159A (Time held in presentence custody to be deducted).

(b) for the Corrective Services Act 2006 or Youth Justice Act 1992— counted as part of the person’s period of imprisonment or detention for the offence.

(2) However, subsection (1) does not apply to a period the person is granted bail for the offence. s 543 amd 2000 No. 63 s 276 sch 2; 2002 No. 23 s 3 sch; 2006 No. 29 s 518 sch 3; 2009 No. 34 s 45 (1) sch pt 1 amdt 25 544 When prescribed person or surety not liable (1) This section applies if proceedings for an offence against a prescribed person are suspended under this Act. (2) The prescribed person or a surety of the prescribed person does not incur any liability merely because of the prescribed person’s failure to appear before a court for the offence. (3) In this section— prescribed person means—

(a) a person mentioned in section 75; or

(b) a patient mentioned in section 243; or

s 544 sub 2007 No. 37 s 122 545 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about any of the following matters—

(a) fees payable under this Act;

(b) the records to be kept and returns to be made by persons and the inspection of records.

(3) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation. 546 References to repealed Act In an Act or document, a reference to the Mental Health Act 1974 may, if the context permits, be taken to be a reference to this Act. Chapter 16 Repeal and transitional provisions Part 1 Repeal of Mental Health Act 1974 547 Act repealed The Mental Health Act 1974 (1974 Act No. 2) is repealed. Part 2 Transitional provisions for Act No. 16 of 2000 pt hdg amd 2007 No. 28 s 23 Division 1 Interpretation 548 Definitions for pt 2 In this part— commencement day means the day this part commences. Note— Part 2 commenced 28 February 2002 (see 2002 SL No. 27). repealed Act means the Mental Health Act 1974 as in force immediately before the commencement day. 549 References to patient’s treating health service For applying a provision of this Act (the applied provision) to a patient to whom a provision of this part applies, a reference in the applied provision to the patient’s treating health service is, if the context permits, a reference to the authorised mental health service in which the patient was detained, or liable to be detained, immediately before the commencement day. Division 2 Provisions about admission, detention and removal to places of safety under part 3 of repealed Act 550 Application for admission and doctor’s recommendation under s 18 of repealed Act (1) This section applies if, immediately before the commencement day—

(a) an application for admission under section 18 of the repealed Act and a doctor’s recommendation under the section supporting the application provided lawful authority for a patient’s admission to a hospital; and

(b) the patient had not, under the section, been admitted to a hospital.

(2) The application and recommendation are taken to be assessment documents for chapter 2 and continue in force until the day they would have ceased to provide lawful authority for the patient’s admission to a hospital had the repealed Act not been repealed. 551 In-patients detained in hospital under certificate of doctor under s 19 of repealed Act (1) This section applies if, immediately before the commencement day, a patient was lawfully detained in a hospital under section 19 (2) of the repealed Act. (2) The patient may be detained in an authorised mental health service until the end of the time the patient could have been lawfully detained in a hospital had the repealed Act not been repealed. 552 Warrants to remove to place of safety under s 25 of repealed Act (1) This section applies if, immediately before the commencement day, a warrant for the removal of a person to a place of safety under section 25 of the repealed Act had not been executed. (2) However, this section does not apply if—

(a) under section 25 (2) of the repealed Act, the warrant had ceased to authorise the person’s removal; or

(b) under section 25 (3A) of the repealed Act, a doctor or designated authorised person informs a police officer of his or her opinion about a matter mentioned in the subsection.

(3) The warrant has effect as if it were a justices examination order made for the person until the warrant would have ended under the repealed Act had the repealed Act not been repealed. 553 Patients detained in hospital, under s 27 of repealed Act, following removal to place of safety (1) This section applies if, immediately before the commencement day, a person was detained in a hospital under section 27 of the repealed Act. (2) Chapter 2, part 4, applies to the person as if assessment documents were made for the person and produced to a health service employee at an authorised mental health service. (3) However, the total period of the person’s detention under section 27 of the repealed Act and this Act must not be more than 3 days. 554 Patients detained under s 21 of repealed Act (1) This section applies to a patient who, immediately before the commencement day, was detained in a hospital under section 21 of the repealed Act. (2) If the patient was detained—

(a) under section 21 (1) or (2) of the repealed Act—the medical recommendation made under section 18 (3) of the repealed Act for the patient is taken to be an involuntary treatment order made by an authorised doctor who is not a psychiatrist; or

(b) under section 21 (3) of the repealed Act—the last report made under section 21 (4) of the repealed Act for the patient is taken to be an involuntary treatment order made by a psychiatrist.

(3) However, if the report mentioned in subsection (2) (b) was made under section 21 (7) of the repealed Act following an examination by a doctor who is not a psychiatrist, the order is taken to have been made by an authorised doctor who is not a psychiatrist. (4) An involuntary treatment order mentioned in subsection (2) (a) or (3) is taken to have been made on the commencement day. Division 2A Provisions about involuntary treatment orders taken to have been made under this part div hdg ins 2001 No. 78 s 102 sch 2 555 Involuntary treatment orders must be made for particular patients (1) This section applies to a patient for whom an involuntary treatment order (the old order) is taken to have been made under this part. (2) If, on the first regular assessment of the patient under section 116, the psychiatrist is satisfied the treatment criteria apply to the patient, the psychiatrist must make an involuntary treatment order for the patient (the new order). (3) For section 108, the assessment of the patient is taken to have been carried out under chapter 2, part 4. (4) Subsections (5) and (6) apply to the patient if the old order is taken, under this part, to have been made or confirmed by a psychiatrist. (5) For section 187 (1) (a), a review is not required within 6 weeks after the new order is made but the periodic reviews mentioned in the paragraph must be carried out at intervals of not more than 6 months starting when the new order is made. Note— See section 571 (Timing of reviews by Mental Health Review Tribunal). (6) Section 113 does not apply to the making of the new order. (7) The old order is revoked on the making of the new order. s 555 amd 2001 No. 78 s 135 556 Category of involuntary treatment orders If, under a provision of this part, an involuntary treatment order is taken to have been made for a patient, the category of the order is in-patient. Division 3 Provisions about particular patients detained under part 4 of repealed Act 557 Persons detained under s 29 (3) of repealed Act (1) This section applies if, immediately before the commencement day, a person was detained, or liable to be detained, in a security patients’ hospital, under section 29 (3) of the repealed Act. (2) The person is taken to be a classified patient for whom a court assessment order has been made and may be detained in an authorised mental health service until the patient ceases to be a classified patient. (3) Sections 70 to 72 do not apply to the patient. (4) The administrator of the authorised mental health service in which the patient is detained, or liable to be detained, must ensure—

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

(b) a health practitioner talks to the patient about the patient’s treatment under the treatment plan.

558 Persons detained under s 29 (4) (b) of repealed Act (1) This section applies if, immediately before the commencement day, a person was detained in a prison or security patients’ hospital under a court order under section 29 (4) (b) of the repealed Act. (2) The court order for the person’s detention continues in force despite the repeal of the repealed Act until the Mental Health Court decides the reference of the person’s mental condition. 559 Persons detained under s 29A (2) or 29C of repealed Act are classified patients (1) This section applies if, immediately before the commencement day, a person was detained, or liable to be detained, in a hospital, under a justices order under section 29A (2) or 29C of the repealed Act. (2) The person is taken to be a classified patient for whom a court assessment order has been made and may be detained in an authorised mental health service until the patient ceases to be a classified patient. (3) Sections 70 to 72 do not apply to the patient. (4) The justices order is taken to be an involuntary treatment order for the patient that—

(a) was made on the commencement day; and

(b) has effect as if it were made by a doctor who is not a psychiatrist.

560 Persons detained under s 31 or 32 of repealed Act are classified patients (1) This section applies if, immediately before the commencement day, a person was detained, or liable to be detained, in a hospital, under section 31 or 32 of the repealed Act. (2) The person is taken to be a classified patient for whom a custodian’s assessment authority has been made and may be detained in an authorised mental health service until the patient ceases to be a classified patient. (3) Sections 70 to 72 do not apply to the patient. (4) The doctor’s recommendation for the patient under section 31 (2) of the repealed Act is taken to be an involuntary treatment order for the patient that has effect as if it were made by a doctor who is not a psychiatrist. (5) However, if, before the commencement day, a psychiatrist has given a certificate under section 31 (3) of the repealed Act stating that the patient is suffering from mental illness and ought to be detained as mentioned in section 31 (3) (a) and (b) of the repealed Act, the certificate is taken to be a confirmation of the involuntary treatment order. 561 Persons found not to be in need of detention under s 31A of repealed Act (1) This section applies if—

(a) section 31A (1) (a), (b) or (c) of the repealed Act applied to a person; and

(b) immediately before the commencement day, the person had not, under the section, been brought before a court.

(2) Section 31A of the repealed Act continues to apply to the person as if the repealed Act had not been repealed. 562 Prisoners detained under s 43 of repealed Act are classified patients (1) This section applies if, immediately before the commencement day, a person was detained, or liable to be detained, in a hospital, under section 43 of the repealed Act. (2) The person is taken to be a classified patient for whom a custodian’s assessment authority has been made and may be detained in an authorised mental health service until the patient ceases to be a classified patient. (3) Sections 70 to 72 do not apply to the patient. (4) The doctor’s recommendation for the patient under section 43 (2) of the repealed Act is taken to be an involuntary treatment order for the patient that has effect as if it were made by a doctor who is not a psychiatrist. (5) However, if, before the commencement day, a psychiatrist had given a certificate under section 43 (5) of the repealed Act that the matters mentioned in the section apply to the patient, the certificate is taken to be a confirmation of the involuntary treatment order. (6) If the patient was detained, or liable to be detained, in a security patients’ hospital, following the expiration of the patient’s period of imprisonment or detention, the patient may be detained in a high security unit as if the director had, under section 82, approved the patient’s detention in a high security unit. 563 Patients under 17 years detained in security patients’ hospitals (1) This section applies to a patient who—

(a) immediately before the commencement day, was detained in a security patients’ hospital under part 4 of the repealed Act; and

(b) at the beginning of the commencement day, is a young patient.

(2) The patient may be detained in a high security unit. (3) For section 194, the patient’s detention in a high security unit starts on the commencement day. 564 Court orders under s 43E of repealed Act for custody of persons during adjournment (1) This section applies if, immediately before the commencement day, a person was in custody in a security patient’s hospital during an adjournment of proceedings under a court order under section 43E of the repealed Act. (2) The court order is taken to be a court order under chapter 3, part 7, for the person’s detention, during the adjournment, in an authorised mental health service. Division 4 Provisions about transfer and leave of absence 565 Detention of restricted patients transferred to security patients’ hospital (1) This section applies to a restricted patient who, immediately before the commencement day, was detained in a security patients’ hospital under the order of the director under section 41 or 44 of the repealed Act. (2) The patient may be detained in a high security unit as if the patient had, under section 165, been transferred to a high security unit. (3) If the patient is a young patient, for section 194, the patient’s detention in a high security unit starts on the commencement day. 566 Leave of absence for restricted patients under pt 4 of repealed Act (1) An order of the Mental Health Tribunal under section 34A of the repealed Act granting a restricted patient leave of absence that was in force immediately before the commencement day is taken to be an order under section 289 for limited community treatment for the patient. (2) A finding of a Patient Review Tribunal under section 36 of the repealed Act that a restricted patient can be released on leave of absence that was in force immediately before the commencement day is taken to be an order under section 203 (2) (a) for limited community treatment for the patient. (3) Subsection (4) applies if—

(a) under section 42 of the repealed Act, the director granted leave of absence to a restricted patient; and

(b) the leave of absence was in force immediately before the commencement day.

(4) Limited community treatment for the patient is taken to have been authorised under section 129. (5) In this section— restricted patient means a restricted patient under part 4 of the repealed Act. 567 Leave of absence for other patients (1) This section applies if—

(a) under section 46 of the repealed Act, a patient was granted leave of absence; and

(b) the leave of absence was in force immediately before the commencement day.

(2) Limited community treatment for the patient is taken to have been authorised under section 129. (3) The conditions of the leave of absence are taken to be conditions of the patient’s treatment plan. (4) The authorisation ends on the earlier of the following—

(a) the day the leave of absence would have ended had the repealed Act not been repealed;

(b) 7 days after the commencement day.

568 Return of patients absent without leave (1) This section applies if—

(a) before the commencement day—

(i) a patient was liable, under section 47 of the repealed Act, to be taken into custody and returned or admitted to a hospital; or

(ii) the director, under the Mental Health Regulation 1985 , section 26, revoked leave of absence granted under part 4 of the regulation to a patient; and

(b) at the beginning of the commencement day, the patient had not been returned or been admitted to an authorised mental health service.

(2) A health practitioner or police officer may take the patient to the in-patient facility of an authorised mental health service. (3) For subsection (2), the health 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 asked by a health practitioner, a police officer must, as soon as reasonably practicable, ensure reasonable help is given. (5) 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). (6) Also, if the patient is a classified or forensic patient, a police officer may detain the patient. Note— A police officer has entry and search powers under the Police Powers and Responsibilities Act 2000 , section 21 (General power to enter to arrest or detain someone or enforce warrant). (7) Despite the absence or refusal of the patient’s consent, medication may be administered to the patient while being taken to the authorised mental health service. (8) Section 509 (2) to (6) applies to the administration of the medication. s 568 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2011 No. 13 s 270 sch 2 pt 2 Division 5 Reviews by Patient Review Tribunal 569 Reviews by Patient Review Tribunal under ss 15 and 21 of repealed Act (1) If, immediately before the commencement day, a Patient Review Tribunal had not decided an application under section 15 (5) or 21 (6A) of the repealed Act for a patient, the application is taken to be an application for a review for the patient. (2) However, for section 187 (4) of this Act the application is taken to be an application to which section 187 (4) (a) does not apply. (3) If, immediately before the commencement day, an order of a Patient Review Tribunal under section 15 (6) of the repealed Act for a patient had not been given effect, the order is taken to be—

(a) if the order was for the patient’s discharge—a decision under section 191 (1) revoking the involuntary treatment order for the patient; or

(b) if the order was for the patient’s leave of absence or transfer—a decision under section 191 (2) (b) (i) or (2) (c) ordering limited community treatment for the patient or the patient’s transfer.

(4) However, section 192 does not apply to the decision. s 569 amd 2001 No. 78 s 136 570 Reviews by Patient Review Tribunal under s 36 of repealed Act (1) If, immediately before the commencement day, a finding or an order of a Patient Review Tribunal under section 36 of the repealed Act for a patient had not been given effect, the finding or order is taken to be—

(a) for a finding that the patient can be released, other than on leave of absence—a decision under section 203 (1) revoking the forensic order for the patient; or

(b) for an order that the patient be transferred—an order under section 203 (2) (d) for the patient.

(2) However, section 205 does not apply to the decision. 571 Timing of reviews by Mental Health Review Tribunal (1) This section applies to—

(a) a patient for whom an involuntary treatment order is taken to have been made under this part; or

(b) a patient who, at the beginning of the commencement day, is a forensic patient.

(2) If, under the repealed Act, a Patient Review Tribunal has carried out a review for a patient within 6 months before the commencement day, the first review under this Act for the patient must be carried out within 6 months after the last review under the repealed Act. (3) If, under the repealed Act, a Patient Review Tribunal has not carried out a review for a patient within 6 months before the commencement day, the first review under this Act for the patient must be carried out within a reasonable time, but not more than 3 months, after the commencement day. (4) This section has effect despite sections 187 and 200. 572 Reviews of mental condition of persons to decide fitness for trial (1) This section applies if—

(a) under section 34 (1) or (4) of the repealed Act, a Patient Review Tribunal has found a person to be not fit for trial; and

(b) immediately before the commencement day, proceedings against the person have not been discontinued.

(2) The finding is taken to be a review decision of the Mental Health Review Tribunal under—

(a) section 212 (1)—for a finding under section 34 (1) (b) of the repealed Act; or

(b) section 212 (2)—for a finding under section 34 (1) (c) or (4) of the repealed Act.

(3) For section 209 (1), reviews by a Patient Review Tribunal of the mental condition of the person in relation to the person’s fitness for trial are taken to be reviews by the Mental Health Review Tribunal of the person’s mental condition. (4) If the Governor in Council has, under section 34 (3) (b) of the repealed Act, deferred the question mentioned in the section, the deferral is taken to be a deferral and order under section 214 (2) (b). (5) Section 213 does not apply to the review decision. (6) For section 214, the Attorney-General is taken to have received notice of the review decision on the commencement day. s 572 sub 2001 No. 78 s 137 572A Continuing proceedings for persons found fit for trial on review (1) This section applies if—

(a) under section 34 (1) or (4) of the repealed Act, a Patient Review Tribunal has found a person to be fit for trial; and

(b) immediately before the commencement day, an order that proceedings against the person be continued has not been made.

(2) The finding is taken to be a decision of the Mental Health Review Tribunal made under section 212 (1) on the commencement day. (3) However, sections 213 and 218 (1) (a) do not apply to the decision. s 572A ins 2001 No. 78 s 137 573 When proceedings discontinued for particular persons to whom s 34 of repealed Act applied (1) This section applies if—

(a) under section 33 of the repealed Act, a person has been found to be not fit for trial; and

(b) immediately before the commencement day, proceedings for the offence have not been discontinued and, under section 34 of the repealed Act—

(i) the Attorney-General had not received a report from a Patient Review Tribunal reporting that the patient is fit for trial; or

(ii) the Attorney-General or Governor in Council had not ordered that proceedings be continued against the patient.

(2) This section also applies if, under section 33 of the repealed Act, a person is found to be not fit for trial on or after the commencement day. (3) Despite section 215 (2), the prescribed period for section 215 (1) for the person is 3 years. 574 Reviews of mental condition of persons following section 613 or 645 finding (1) This section applies if, before the commencement day—

(a) a jury has, on the trial of a person charged with an indictable offence, made a section 613 or 645 finding; and

(b) no order about the person has been made under section 38 (8) (a) or (b) of the repealed Act for the offence; and

(2) The Governor in Council’s deferral of a determination for the patient, under section 38 (8) (c) of the repealed Act, is taken to be a deferral, and an order that reviews under this Act be carried out for the patient, under section 213 (2) (b). (3) For subsection (2) and section 209 (1) (b), the intervals for the periodic reviews to be carried out for the patient start from the date of the last review under the repealed Act. 575 Trial of persons following section 613 or 645 finding (1) This section applies if, before the commencement day—

(a) a jury has, on the trial of a person charged with an indictable offence, made a section 613 or 645 finding; and

(b) the trial of the person ordered under section 38 (8) (b) of the repealed Act has not started.

(2) Section 38 (13) and (14) of the repealed Act apply as if the repealed Act had not been repealed. 576 When proceedings discontinued for particular persons to whom s 38 of repealed Act applied (1) This section applies if—

(a) on the trial of a person charged with an indictable offence, a jury has made a section 613 or 645 finding; and

(b) immediately before the commencement day, proceedings for the offence had not been discontinued and under section 38 of the repealed Act—

(i) the Attorney-General had not received a report from a Patient Review Tribunal recommending that the patient should be tried for the offence; or

(ii) the Governor in Council had not ordered that the patient be tried for the offence.

(2) Despite section 215 (2), the prescribed period for section 215 (1) for the person is 3 years. Division 6 Examinations, references and orders for persons charged with offences 577 Application of ch 7 to particular patients detained under pt 4 of repealed Act (1) This section applies to—

(a) a patient who, under section 559 or 560 is taken to be a classified patient; or

(b) a patient who was being treated as a restricted patient, under section 29A (6A) or 29B of the repealed Act, immediately before the commencement day.

(2) Chapter 7 applies to the patient to the extent the chapter is relevant to the patient. (3) For subsection (2), chapter 7 applies with all necessary changes. (4) However, anything done or made under a provision of the repealed Act that corresponds to a provision of chapter 7 is taken to have been done or made under the chapter. (5) If the Attorney-General has, under section 29A (9) (c) of the repealed Act, deferred a determination for the patient and, immediately before the commencement day, a Patient Review Tribunal had not reported to the Attorney-General under section 29A (10A) of the repealed Act, the deferral is taken to be a deferral by the director under section 241 (1). (6) Despite section 241 (1), the period of deferral ends 2 months after the commencement day. (7) Section 241 (2) does not apply to the deferral. (8) If a Patient Review Tribunal has reported to the Attorney-General under section 29A (10B) of the repealed Act about the patient and, before the commencement day, the Attorney-General has not directed that the hearing of the complaint proceed—

(a) the matter of the patient’s mental condition is taken to have been referred to the Attorney-General under section 240; and

(b) the Attorney-General must make a decision under section 247 (1) (a), (b) or (c).

(9) The Attorney-General’s decision must be made before the day that is 3 months after the deferment of a determination under section 29A (9) (c) of the repealed Act for the patient. 578 References of mental condition of persons not started (1) This section applies if, before the commencement day, the Mental Health Tribunal has not taken oral evidence on a reference of the matter of a person’s mental condition under the repealed Act. (2) The reference of the matter of the person’s mental condition is taken to be a reference to the Mental Health Court under—

(a) section 62 if the matter was referred under section 29 of the repealed Act; or

(b) section 240 if the matter was referred under section 30 of the repealed Act; or

(3) Despite section 264 or 266, the registrar is not required to give a notice to a person under the section if, before the commencement day, a notice about the reference or hearing of the reference was given to the person under the repealed Act. (4) However, if a notice about the reference or hearing of the reference was not given to a person under the repealed Act, the registrar must, as soon as practicable after the commencement day, give the person the notice required under section 264 or 266. 579 References of mental condition of persons being heard (1) This section applies if the Mental Health Tribunal has, on the hearing of a proceeding for a reference of the matter of a person’s mental condition under the repealed Act, taken oral evidence but, immediately before the commencement day, had not decided the reference. (2) The Mental Health Tribunal must decide the reference under the repealed Act. (3) For the reference, the repealed Act continues to have effect despite its repeal. (4) For this Act, a determination or order—

(a) under section 33 of the repealed Act is taken to be a decision or order of the Mental Health Court; and

(b) under section 33A or 34 (1) (a) of the repealed Act for a patient is taken to be a forensic order (Mental Health Court) for the patient’s treatment or care in an authorised mental health service; and

(c) under section 33 (4) (b) of the repealed Act for a patient is taken to be an order under section 273 (1) (b) for the patient’s detention in an authorised mental health service.

580 Determinations and orders on references to Mental Health Tribunal (1) A determination or order under section 33 of the repealed Act that was in force immediately before the commencement day is taken to be a decision or order of the Mental Health Court. (2) An order under section 33A or 34 (1) (a) of the repealed Act for a patient that was in force immediately before the commencement day is taken to be a forensic order (Mental Health Court) for the patient’s treatment or care in an authorised mental health service. (3) A determination under section 33 (1) of the repealed Act for a patient who, immediately before the commencement day, was liable, under section 35 of the repealed Act, to be detained in a hospital as a restricted patient under part 4 of the repealed Act, is taken to be a forensic order (Mental Health Court) for the patient’s treatment or care in an authorised mental health service. (4) An order under section 33 (4) (b) of the repealed Act for a patient that was in force immediately before the commencement day is taken to be an order under section 273 (1) (b) for the patient’s detention in an authorised mental health service. 581 Orders by Minister under ss 38 and 39 of repealed Act An order of the Minister under section 38 (1) or 39 (1) of the repealed Act that was in force immediately before the commencement day is taken to be a forensic order (Minister). 582 Elections under s 43C of repealed Act to go to trial (1) This section applies if, immediately before the commencement day, a person had not been brought to trial for an offence following lodgement of a notice under section 43C of the repealed Act. (2) The notice is taken—

(a) to be a notice under section 311 of the person’s election to be brought to trial for the offence; and

(b) to have been given to the Attorney-General on the commencement day.

Division 7 Appeals and inquiries 583 Appeals against Patient Review Tribunal decisions (1) An application under section 15 (9) or (10) or 37 of the repealed Act that has not been decided before the commencement day may be continued under chapter 8, part 1, as if it were an appeal against a review decision. (2) Subsection (3) applies if the Mental Health Tribunal has, on the hearing of a proceeding for the application, taken oral evidence or an oral submission on a material matter but, before the commencement day, has not decided the appeal. (3) For deciding the application—

(a) the judge constituting the tribunal is the constituting judge of the Mental Health Court; and

(b) the psychiatrists appointed under the repealed Act to assist the tribunal for the application are taken to be the assisting psychiatrists for the application.

(4) For chapter 8, part 1, a decision of a Patient Review Tribunal is taken to be a review decision. (5) In this section— constituting judge has the meaning the term had on the commencement of this section. s 583 amd 2007 No. 28 s 24 584 Appeals against Mental Health Tribunal decisions (1) An appeal against a decision of the Mental Health Tribunal may be started or continued under the repealed Act. (2) For the appeal, the repealed Act continues to have effect as if it had not been repealed. (3) The registrar of the Court of Appeal must give written notice of the court’s decision on the appeal to the registrar of the Mental Health Court. (4) Subsection (5) applies if, on the appeal, the Court of Appeal makes an order under section 33A or 34 (1) (a) of the repealed Act that a person be detained in a hospital as a restricted patient under part 4 of the repealed Act. (5) The order is taken, other than for chapter 8, part 2, to be a forensic order (Mental Health Court) for the patient’s treatment or care in an authorised mental health service. 585 Inquiries under s 70 of repealed Act (1) This section applies if, before the commencement day—

(a) an application was made for an inquiry under section 70 of the repealed Act; or

(b) the Mental Health Tribunal had started but not completed an inquiry under the section.

(2) The repealed Act continues to apply to the application or inquiry as if it had not been repealed. (3) However, section 70 (3) of the repealed Act has effect as if paragraph (a) were omitted and the following paragraph substituted—

‘(a) is not suffering from mental illness to the extent that the treatment criteria under the Mental Health Act 2000 apply to the person; or’.

Division 8 Miscellaneous provisions 586 Director of Mental Health The person who, immediately before the commencement day, held the office of Director of Mental Health under the repealed Act, becomes the director on the commencement day. 587 Committees continued under repealed Act (1) This section applies to a committee continued in force under section 82 of the repealed Act. (2) Despite the repeal of the repealed Act, the committee continues in force for 1 year after the commencement of section 82 of the repealed Act. (3) For subsection (2), the Mental Health Act 1974 , schedule 5, as in force immediately before the repeal of the schedule, applies in relation to the committee as if the schedule had not been repealed. 588 Mental Health Court or tribunal may make orders about transition from repealed Act to this Act (1) If this part makes no or insufficient provision for the transition of a matter before the Mental Health Court or the Mental Health Review Tribunal to the administration of this Act, the court or tribunal may make the order it considers appropriate. (2) The order may be made—

(a) on application of the director or a party to a proceeding before the court or tribunal; or

(b) on the initiative of the court or tribunal.

Part 3 Transitional provisions for Health and Other Legislation Amendment Act 2007 pt hdg ins 2007 No. 28 s 25 589 Definitions for pt 3 In this part— commencement means commencement of this section. post-amended Act means this Act as in force immediately after the commencement. pre-amended Act means this Act as in force before the commencement. s 589 prev s 589 exp 28 February 2003 (see s 589 (4)) pres s 589 ins 2007 No. 28 s 25 590 Constituting judge taken to be a member of Mental Health Court etc. (1) The constituting judge is taken to be a member of the Mental Health Court under the post-amended Act, section 385. (2) The constituting judge holds office as a member of the court until the earlier of the following days—

(a) the day the person’s appointment as constituting judge would have ended under the pre-amended Act;

(b) the day the person ceases to be a Supreme Court judge.

(3) In this section— constituting judge means the constituting judge of the Mental Health Court immediately before the commencement. s 590 prev s 590 om R1 (see RA s 40) pres s 590 ins 2007 No. 28 s 25 591 Rules relating to Mental Health Court The rules relating to the Mental Health Court in force immediately before the commencement under the pre-amended Act, section 419 (1) are taken to have been made under the post-amended Act, section 419 (1). s 591 ins 2007 No. 28 s 25 592 Directions about practice and procedure of Mental Health Court The directions about the practice and procedure of the Mental Health Court in force immediately before the commencement under the pre-amended Act, section 420 (1) are taken to have been given under the post-amended Act, section 420 (1). s 592 ins 2007 No. 28 s 25 593 Approved forms The forms approved under the pre-amended Act, section 421 are taken to have been approved under the post-amended Act, section 421. s 593 ins 2007 No. 28 s 25 Part 4 Transitional provisions for Mental Health and Other Legislation Amendment Act 2007 pt hdg ins 2007 No. 54 s 35 594 Definitions for pt 4 In this part— commencement means commencement of this section. post-amended Act means this Act as in force immediately after the commencement. pre-amended Act means this Act as in force before the commencement. s 594 ins 2007 No. 54 s 35 595 Notification order about a forensic patient (1) This section applies if a notification order for a person about a forensic patient—

(a) was made under section 221 of the pre-amended Act; and

(b) was in force immediately before the commencement.

(2) A forensic information order is taken to have been made, under section 318O, for the person about the forensic patient. (3) If the notification order was, immediately before the commencement, subject to a condition, the forensic information order is taken to be subject to the condition. s 595 ins 2007 No. 54 s 35 amd 2011 No. 13 s 270 sch 2 pt 2 596 Existing application for a notification order about a forensic patient (1) An application for a notification order about a forensic patient made under section 221 of the pre-amended Act and not decided at the commencement must be decided under this Act. (2) The application is taken to be an application for a forensic information order about the forensic patient. (3) Section 318O (3) (b) does not apply to the application. s 596 ins 2007 No. 54 s 35 amd 2011 No. 13 s 270 sch 2 pt 2 597 Existing application to change conditions of notification order about a forensic patient (1) An application to change the conditions of a notification order about a forensic patient made under section 228 (1) of the pre-amended Act and not decided at the commencement must be decided under this Act. (2) The application is taken to be an application, under section 318X (1), to change the conditions of a forensic information order about the forensic patient. s 597 ins 2007 No. 54 s 35 amd 2011 No. 13 s 270 sch 2 pt 2 598 Existing application to revoke notification order about a forensic patient (1) This section applies to an application to revoke a notification order about a forensic patient made under section 228 (1) of the pre-amended Act and not decided at the commencement. (2) The application must be decided under the pre-amended Act, as if the post-amended Act had not commenced. s 598 ins 2007 No. 54 s 35 599 Outstanding references to Attorney-General (1) This section applies if—

(a) the director has, under chapter 7, part 2, division 2 of the pre-amended Act, referred the matter of a patient’s mental condition relating to an offence with which the patient is charged to the Attorney-General; and

(b) the Attorney-General has not at the commencement made a decision, under section 247 (1) of the pre-amended Act, on the reference.

(2) The reference is taken to be a reference, under chapter 7, part 2, division 2, to the director of public prosecutions. (3) Section 247 (1) of the pre-amended Act continues to apply to the patient as if—

(a) the post-amended Act had not commenced; and

(b) the reference to the Attorney-General in that provision is a reference to the director of public prosecutions.

s 599 ins 2007 No. 54 s 35 600 Material submitted to tribunal by victim or concerned person etc. (1) This section applies if—

(a) under section 464 (1) of the pre-amended Act, a victim of the alleged offence to which a proceeding before the tribunal relates or a concerned person submits material to the tribunal; and

(b) at the commencement, the tribunal has not made its decision in the proceeding.

(2) Section 464 (1D) does not apply to the person who submitted the material. (3) Section 465 (2) and (3) of the pre-amended Act continue to apply to the person who submitted the material, as if the post-amended Act had not commenced. s 600 ins 2007 No. 54 s 35 601 Reasons etc. for tribunal’s decision before the commencement (1) This section applies if—

(a) under section 464 (1) of the pre-amended Act, a victim of the alleged offence to which a proceeding before the tribunal relates or a concerned person submits material to the tribunal; and

(b) the tribunal has made its decision in the proceeding before the commencement.

(2) Section 465 (2) and (3) of the pre-amended Act continue to apply to the person who submitted the material, as if the post-amended Act had not commenced. s 601 ins 2007 No. 54 s 35 Part 4A Transitional provisions for Hospital and Health Boards Act 2011 pt 4A (ss 601A–601B) ins 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) 601A Definition for part 4A In this part— commencement means the commencement of this part. pt 4A (ss 601A–601B) ins 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) 601B Act not to affect declaration of authorised mental health service (1) This section applies to the declaration of an authorised mental health service before the commencement. (2) Nothing in the Hospital and Health Boards Act 2011 affects the declaration. pt 4A (ss 601A–601B) ins 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) Part 5 Transitional provisions for Forensic Disability Act 2011 pt hdg ins 2011 No. 13 s 254 Division 1 Initial transfer of patients to forensic disability service div 1 (ss 602–605) ins 2011 No. 13 s 254 602 Transfer order (1) This section applies to a patient who, at the commencement, is subject to a forensic order (Mental Health Court) for the patient’s detention in an authorised mental health service. (2) Within 6 months after the commencement, 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) Chapter 5, part 1, division 2A, subdivision 3 and section 169M apply in relation to the transfer. Note— Chapter 5, part 1, division 2A, subdivision 3 provides for taking the patient to the forensic disability service, giving information for facilitating the patient’s transfer and care and administering medication to the patient, and section 169M provides for the continuation of matters under particular provisions. (4) In this section— commencement means the commencement of this section. div 1 (ss 602–605) ins 2011 No. 13 s 254 603 Director 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;

div 1 (ss 602–605) ins 2011 No. 13 s 254 604 Administrator 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.

div 1 (ss 602–605) ins 2011 No. 13 s 254 605 Continuation of existing forensic order (1) On the admission of the patient to the forensic disability service under the transfer order, 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.

(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) Subsection (1) stops applying in relation to the patient, as a forensic disability client, when whichever of the following happens first—

(a) the period of 1 year starting on the day the patient is admitted to the forensic disability service under the transfer order ends;

(b) the Mental Health Court makes an order changing the existing forensic order under division 2.

(5) In this section— existing forensic order means the forensic order (Mental Health Court) that was in force for the patient immediately before the patient’s admission to the forensic disability service under the transfer order. div 1 (ss 602–605) ins 2011 No. 13 s 254 Division 2 Changing existing forensic order div 2 (ss 606–612) ins 2011 No. 13 s 254 606 Definitions for div 2 In this division— commencement means the commencement of this section. existing forensic order, for a person, means a forensic order (Mental Health Court) in force, immediately before the commencement, for the person’s detention in an authorised mental health service. div 2 (ss 606–612) ins 2011 No. 13 s 254 607 Application for order changing existing forensic order (1) This section applies if, immediately before the commencement, a person was subject to an existing forensic order. (2) An application to the Mental Health Court for an order changing the existing forensic order to a forensic order (Mental Health Court—Disability) may be made by any of the following—

(a) the person to whom the existing forensic order relates, or someone else on behalf of the person;

(b) the director;

(d) the director and the director (forensic disability) acting jointly.

(3) The application—

(a) must be in writing; and

(b) must be accompanied by sufficient documentation to enable the court to decide the application. Examples—

• a multidisciplinary assessment of the person to whom the existing forensic order relates

• any expert report previously submitted to the court in relation to the person

• any current or proposed treatment plan, or individual development plan within the meaning of the Forensic Disability Act, for the person

• any relevant psychiatrist’s report for the person

(4) Before deciding the application, the court must give each relevant person, other than the applicant, the following—

(a) a copy of the application;

(b) an invitation to the relevant person to make submissions in writing to the court within a reasonable time about the application.

(5) However, for the person to whom the existing forensic order relates, the documents mentioned in subsection (4) must be given by the court to the director, who must then give them to the person. (6) The court is taken to have given the documents to the person to whom the existing forensic order relates if the court has given them to the director. (7) In this section— relevant person means each of the following—

(a) the person to whom the existing forensic order relates;

(b) the director;

(d) the Attorney-General.

div 2 (ss 606–612) ins 2011 No. 13 s 254 608 Court’s powers (1) In deciding the application, the Mental Health Court must consider whether the person’s unsoundness of mind or unfitness for trial which resulted in the existing forensic order was a consequence of an intellectual disability. (2) The court may, by order—

(a) confirm the existing forensic order; or

(b) change the existing forensic order to a forensic order (Mental Health Court—Disability).

(3) However, the court may make an order under subsection (2) (b) only if the court considers the person’s unsoundness of mind or unfitness for trial was a consequence of an intellectual disability. (4) Subject to subsections (5) and (6), an order made under subsection (2) (b) must also state which of the following services the person is to be detained in for care—

(a) the forensic disability service;

(b) a stated authorised mental health service.

(5) In deciding whether the person is to be detained in the forensic disability service for care, the court must have regard to the following—

(a) whether the person 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 person is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.

(6) The court must not decide that the person be detained in the forensic disability service for care unless a certificate given to the court under section 288AA states that the forensic disability service has the capacity for the person’s detention and care. (7) On the making of an order under subsection (2) (b), the existing forensic order is taken to be a forensic order (Mental Health Court—Disability). (8) To remove any doubt, it is declared that the court is not required to have regard to the matters mentioned in subsection (5) (a) and (b), or a certificate given to the court under section 288AA, in deciding whether to make an order under subsection (2). (9) This section does not limit the court’s powers under section 288 or 289 in relation to—

(a) the existing forensic order; or

(b) the forensic order (Mental Health Court—Disability).

(10) In this section— benefit means benefit by way of individual development and opportunities for quality of life and participation and inclusion in the community. div 2 (ss 606–612) ins 2011 No. 13 s 254 609 Notice of decision The registrar must give a copy of the Mental Health Court’s decision to the following persons—

(a) the parties to the proceeding;

(b) the tribunal.

div 2 (ss 606–612) ins 2011 No. 13 s 254 610 Relevant director to give notice of decision to relevant administrator (1) The relevant director must give written notice of the Mental Health Court’s decision to the relevant administrator. (2) In this section— relevant administrator means—

(a) if the person to whom the existing forensic order relates is a patient—the administrator of the patient’s treating health service; or

(b) if the person to whom the existing forensic order relates is a forensic disability client—the administrator under the Forensic Disability Act.

relevant director means—

(a) if the person to whom the existing forensic order relates is a patient—the director; or

(b) if the person to whom the existing forensic order relates is a forensic disability client—the director (forensic disability).

div 2 (ss 606–612) ins 2011 No. 13 s 254 611 Effect of order on existing forensic order If there is an inconsistency between the existing forensic order and that order as changed under section 608, that order as changed under section 608 prevails to the extent of the inconsistency. div 2 (ss 606–612) ins 2011 No. 13 s 254 612 Appeal against Mental Health Court decision (1) The following persons may appeal to the Court of Appeal against a decision of the Mental Health Court under section 608—

(a) the person to whom the existing forensic order relates, or someone else on behalf of the person;

(b) the director;

(d) the director and the director (forensic disability) acting jointly.

(2) Sections 335, 336, 337(1), (2), (4) and (7) and 338 apply for the appeal. div 2 (ss 606–612) ins 2011 No. 13 s 254 Division 3 Other provisions div hdg ins 2011 No. 13 s 254 613 Declaration and validation concerning special notification forensic patients (1) During the transitional period, section 305A is taken always to have applied in relation to a forensic patient as if the Forensic Disability Act 2011 , section 232 had commenced on 28 February 2008 immediately after the commencement of the Mental Health and Other Legislation Amendment Act 2007 , section 24. (2) In this section— transitional period means the period—

(a) starting immediately after the commencement of the Mental Health and Other Legislation Amendment Act 2007 , section 24; and

(b) ending at the end of the day before the commencement of the Forensic Disability Act 2011 , section 232.

s 613 ins 2011 No. 13 s 254 614 References to forensic patient information A reference in any Act or document to forensic patient information is, if the context permits, taken to be a reference to forensic information. s 614 ins 2011 No. 13 s 254 615 References to forensic patient information orders A reference in any Act or document to a forensic patient information order is, if the context permits, taken to be a reference to a forensic information order. s 615 ins 2011 No. 13 s 254 616 Orders made under s 318O (1) before commencement An order made under section 318O (1) before the commencement of this section is taken to be a forensic information order. s 616 ins 2011 No. 13 s 254 617 Provision about Mental Health Regulation 2002 s 617 ins 2011 No. 13 s 254 om 2013 No. 39 s 109 sch 2 Part 6 Validation provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012 pt 6 (s 618) ins 2012 No. 10 s 35 618 Definition psychiatrist—retrospective operation and validation (1) This section applies in relation to the period from the commencement of the 2010 amendment until the commencement of this section (the validation period). Note— The 2010 amendment commenced on 1 July 2010. (2) It is declared that—

(a) for this Act, a person is taken to have been a psychiatrist for any time during the validation period that the person was a person mentioned in paragraph (b) of the amended definition; and

(b) anything done or omitted to be done by a person is taken to be, and to have always been, as valid and lawful as it would be, or would have been, if the amended definition had been in force throughout the validation period.

(3) In this section— 2010 amendment means the substitution of the definition psychiatrist in schedule 2 by the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 . amended definition means the definition psychiatrist in the schedule as in force immediately after the commencement of this section. pt 6 (s 618) ins 2012 No. 10 s 35 Schedule Dictionary section 10 administrator, of an authorised mental health service or a high security unit part of an authorised mental health service, means the person declared, under section 497, to be the administrator for the health service or unit. adult guardian ... def adult guardian om 2014 No. 26 s 260(1) agreement for assessment see section 49 (b). allied person, for an involuntary patient, means the person chosen under chapter 9, part 1, to be the patient’s allied person for this Act. ambulance officer means an ambulance officer appointed under the Ambulance Service Act 1991 , section 13. applicant’s nominee—

(a) for chapter 7A, part 1—see section 318A; or

(b) for chapter 7A, part 2—see section 318M.

def applicant’s nominee ins 2007 No. 54 s 36(2) application documents, for a justices examination order, means the application for the order and any document filed or given with the application. appointed person, for chapter 11, part 9, see section 429. appropriately qualified, for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person’s classification level in the public service approved form means a form approved under section 421, 481 or 493. approved officer means a person appointed as an approved officer under section 500, and includes the director. assessment, of a person, means an assessment of the person under—

(a) chapter 2, part 4; or

(b) chapter 3, part 4; or

assessment criteria see section 13. assessment documents for—

(a) chapter 2—see section 16; or

(b) chapter 3—see section 49.

assessment period means—

(a) initially, a period of not longer than 24 hours; or

(b) if that period is extended or further extended under section 47, the extended period.

assisting psychiatrist see section 390. associate for—

(a) chapter 6, part 5A—see section 228B (1) (b); or

(b) chapter 7, part 8A—see section 313B (1) (b).

def associate ins 2001 No. 78 s 138(1) attendance notice see section 466. audiovisual link facilities means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places. authorised doctor, for an authorised mental health service, means a doctor who, under section 504, is or holds appointment as an authorised doctor for the health service. authorised mental health practitioner means a health practitioner appointed as an authorised mental health practitioner under section 499. authorised mental health service—

(a) generally—means a mental health service declared under section 495 to be an authorised mental health service; or

(b) for chapter 2—see section 15.

authorised officer, for a high security unit, means—

(a) a health practitioner providing mental health services at the unit; or

(b) a security officer for the unit.

authorised person for—

(a) chapter 10—see section 348; or

(b) chapter 14, part 2—see section 510.

authorised psychiatrist means a psychiatrist who is an authorised doctor for an authorised mental health service. brief of evidence means—

(a) a brief of evidence compiled by the prosecuting authority that includes any of the following—

(i) an indictment or bench charge sheets;

(ii) summaries or particulars of allegations;

(iii) witness statements;

(iv) exhibits;

(v) transcripts of proceedings;

(vi) a record of interview or transcript of a record of interview;

(vii) a person’s criminal history; or

(b) an expert’s report or medical record.

def brief of evidence amd 2011 No. 13 s 255(3) capacity, for a person, means the person is capable of—

(a) understanding the nature and effect of decisions about the person’s assessment, treatment, care or choosing of an allied person; and

(b) freely and voluntarily making decisions about the person’s assessment, treatment, care or choosing of an allied person; and

def capacity amd 2011 No. 13 s 270 sch 2 pt 2 care includes the provision of rehabilitation, habilitation, support and other services. def care amd 2011 No. 13 s 255(4) carer, of a patient, means a person who—

(a) provides domestic services and support to the patient; or

(b) arranges for the patient to be provided with domestic services and support.

category, of an involuntary treatment order, means in-patient category or community category decided under section 109. change, a condition, includes impose a condition. def change ins 2007 No. 54 s 36(2) charge, for an indictable offence, includes committed for trial or sentence for the offence. chief executive (forensic disability) means the chief executive of the department in which the Forensic Disability Act 2011 is administered. def chief executive (forensic disability) ins 2011 No. 13 s 255(2) chief executive for justice means the chief executive of the department in which the Criminal Code is administered. chief executive for young people means the chief executive of the department for whom a representative may, under the Childrens Court Act 1992 , section 20, be present at a proceeding before the Childrens Court in relation to a child. def chief executive for young people amd 2005 No. 10 s 50 sch child see Youth Justice Act 1992 , schedule 4. def child amd 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115, 118); 2009 No. 34 s 45(1) sch pt 1 amdt 25 classified patient means a person who, under section 69, is a classified patient. classified patient information, for chapter 7A, part 1, see section 318A. def classified patient information ins 2007 No. 54 s 36(2) classified patient information order see section 318C (1). def classified patient information order ins 2007 No. 54 s 36(2) close friend, of a person, means a person with whom the first person has a close relationship. commencement—

(a) for chapter 16, part 3—see section 589; or

(b) for chapter 16, part 4—see section 594.

def commencement ins 2007 No. 28 s 26(2) sub 2007 No. 54 s 36(1)–(2) complaint includes information and charge. concerned person—

(a) for chapter 7, part 6, divisions 6 and 7—see section 284 (1); or

(b) for chapter 12, part 6—see section 464 (1).

def concerned person ins 2007 No. 28 s 43(2) confidentiality order, for—

(a) the Mental Health Court—see section 426 (1); or

(b) the tribunal—see section 458.

constituting judge ... def constituting judge om 2007 No. 28 s 26(1) contact a person, for chapter 6, part 5A or chapter 7, part 8A, means—

(a) intentionally initiate contact with the person in any way, including for example, by phone, mail, fax, email or other technology; or

(b) intentionally follow, loiter near, watch or approach the person; or

def contact ins 2001 No. 78 s 138(1) correctional officer means a corrective services officer under the Corrective Services Act 2006 . def correctional officer sub 2000 No. 63 s 276 sch 2 amd 2006 No. 29 s 518 sch 3 corresponding law means a law of another State that is declared under a regulation to be a corresponding law for this Act. court includes justices conducting committal proceedings. court assessment order see section 58. court examination order see section 422 (1). court rule means a rule made under section 419. criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and—

(a) despite sections 6, 8 and 9 of that Act, includes a conviction of the person to which any of the sections applies; and

(b) despite section 5 of that Act, includes a charge made against the person for an offence.

custodian, for a person in lawful custody, means the person having the custody of the person. custodian’s assessment authority see section 65 (1). custody order see section 299 (b) (ii). de facto spouse ... def de facto spouse om 2002 No. 74 s 90 sch detention centre means a detention centre established under the Youth Justice Act 1992 . def detention centre amd 2009 No. 34 s 45(1) sch pt 1 amdt 25 detention centre officer means a person authorised under the Youth Justice Act 1992 , section 264, to exercise powers of a detention centre officer under this Act. def detention centre officer amd 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115, 118); 2009 No. 34 s 45(1) sch pt 1 amdt 25 diminished responsibility means the state of abnormality of mind described in the Criminal Code, section 304A. Note— The state of mind is described in the Criminal Code, section 304A (1). director means the Director of Mental Health appointed under this Act. director (forensic disability) means the director under the Forensic Disability Act. def director (forensic disability) ins 2011 No. 13 s 255(2) director of public prosecutions means the Director of Public Prosecutions, or a deputy director of public prosecutions, appointed under the Director of Public Prosecutions Act 1984 . def director of public prosecutions sub 2007 No. 54 s 36(1)–(2) direct victim, of an alleged offence, means a person against whom the alleged offence was allegedly committed. def direct victim ins 2007 No. 28 s 43(2) electroconvulsive therapy means the application of electric current to specific areas of the head to produce a generalised seizure that is modified by general anaesthesia and the administration of a muscle relaxing agent. eligible person, for chapter 7A, part 2, see section 318M. def eligible person ins 2007 No. 54 s 36(2) emergency examination order means—

(a) an emergency examination order (police or ambulance officer); or

(b) an emergency examination order (psychiatrist).

emergency examination order (police or ambulance officer) see section 35 (1). emergency examination order (psychiatrist) see section 38 (1). entry, of a person to a high security unit, includes re-entry to the unit. examination order means a justices or emergency examination order. examination time see sections 36 (1) and 40 (1). examining practitioner see section 422 (1). executive officer means the executive officer of the tribunal. expert’s report, for chapter 7, part 9, see section 314. def expert’s report ins 2007 No. 28 s 43(2) fit for trial, for a person, means fit to plead at the person’s trial and to instruct counsel and endure the person’s trial, with serious adverse consequences to the person’s mental condition unlikely. force, for taking a person to an authorised mental health service, includes the use of physical restraint. Forensic Disability Act means the Forensic Disability Act 2011 . def Forensic Disability Act ins 2011 No. 13 s 255(2) forensic disability client see the Forensic Disability Act, section 10. def forensic disability client ins 2011 No. 13 s 255(2) forensic disability service means the forensic disability service under the Forensic Disability Act. def forensic disability service ins 2011 No. 13 s 255(2) forensic information, for chapter 7A, part 2, see section 318M. def forensic information ins 2011 No. 13 s 255(2) forensic information order see section 318O (1). def forensic information order ins 2011 No. 13 s 255(2) forensic order means—

(a) a forensic order (Criminal Code); or

(b) a forensic order (Mental Health Court); or

(d) a forensic order (Minister).

def forensic order sub 2011 No. 13 s 255(1)–(2) forensic order (Criminal Code) see section 299 (b) (i). forensic order (Mental Health Court) see section 288 (2) and (3). def forensic order (Mental Health Court) sub 2011 No. 13 s 255(1)–(2) forensic order (Mental Health Court—Disability) see section 288 (2) and (3). def forensic order (Mental Health Court—Disability) ins 2011 No. 13 s 255(2) forensic order (Minister) see section 302 (2). forensic patient means a person who is, or is liable to be, detained in an authorised mental health service under a forensic order. forensic patient information ... def forensic patient information ins 2007 No. 54 s 36(2) om 2011 No. 13 s 255(1) forensic patient information order ... def forensic patient information order ins 2007 No. 54 s 36(2) om 2011 No. 13 s 255(1) guardian means a person who is recognised in law as having all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children. harmful thing means anything—

(a) that may be used to—

(i) threaten the security or good order of an authorised mental health service; or

(ii) threaten a person’s health or safety; or

(b) that, if used by a patient in an authorised mental health service, is likely to adversely affect the patient’s treatment or care.

Examples of harmful things—

1 a gun or replica of a gun

2 a dangerous drug

3 alcohol

4 medication

def harmful thing amd 2011 No. 13 s 270 sch 2 pt 2 health practitioner means—

(a) a doctor, registered nurse, occupational therapist or psychologist or a social worker engaged in providing health services; or

(b) a person appointed under section 505A (1).

def health practitioner amd 2001 No. 78 s 138(3) health service means a service for maintaining, improving and restoring people’s health and wellbeing, and includes a community health facility. health service employee, for an authorised mental health service, means—

(a) a health practitioner employed at the health service; or

(b) a person employed at the health service to perform administrative functions relating to the assessment, treatment or care of persons who have mental illnesses.

def health service employee amd 2011 No. 13 s 270 sch 2 pt 2 hearing, means—

(a) for the tribunal—

(i) the hearing for a review, treatment application or application for a forensic information order; or

(ii) the hearing of an application for approval for a patient to move out of Queensland; or

(iii) the hearing of an appeal against a decision to exclude a visitor from an authorised mental health service; or

(iv) the hearing of an appeal against a decision to refuse to allow a person to visit a forensic disability client in the forensic disability service; or

(v) the hearing of an application for a transfer order; or

(vi) the hearing of an application for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service; or

(b) for the Mental Health Court—

(i) the hearing of an appeal against a decision of the tribunal under chapter 5, part 1, division 2A for a transfer order for a patient; or

(ii) the hearing of an appeal against a review decision or a treatment application; or

(iii) the hearing of a reference or withdrawal of a reference; or

(iv) the hearing of an application under section 607 to change a patient’s forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability).

def hearing amd 2007 No. 54 s 3 sch sub 2011 No. 13 s 255(1)–(2) high security unit means a public sector mental health service, or part of a public sector mental health service, declared under section 496 to be a high security unit. immediate family member, of a direct victim of an alleged offence, means the direct victim’s spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent, guardian or personal guardian. def immediate family member ins 2007 No. 28 s 43(2) informed consent means consent under chapter 4, part 3, division 1. inspect, a thing, includes open the thing and examine its contents. intellectual disability includes a cognitive disability. def intellectual disability ins 2011 No. 13 s 255(2) interested person, for a non-contact order, means any of the following persons named in the order—

(a) a person in whose favour the order is made;

(b) the person against whom the order is made.

def interested person ins 2001 No. 78 s 138(1) interstate agreement means an agreement under section 176. interstate authority, for an interstate mental health service, means a person performing a similar or corresponding function to the administrator of an authorised mental health service. interstate mental health service means a health service in which a person in a participating State may be detained under a corresponding law of that State. interstate order, means an order under a corresponding law of another State that is declared under a regulation to be an interstate order for this Act. involuntary patient means a person—

(a) who is, or is liable to be, detained, under chapter 2, part 4, in an authorised mental health service for assessment; or

(b) for whom an involuntary treatment order is in force; or

involuntary treatment order see section 108 (1). justice of the peace means a justice of the peace (magistrates court) or a justice of the peace (qualified) under the Justices of the Peace and Commissioners for Declarations Act 1991 . def justice of the peace ins 2001 No. 78 s 138(2) justice of the peace (qualified) ... def justice of the peace (qualified) om 2001 No. 78 s 138(2) justices examination order see section 27 (1). less restrictive, for assessment, treatment or care of an involuntary patient, means assessment, treatment or care of the level that—

(a) maximises the opportunity for positive outcomes; and

(b) ensures the protection of the patient and the community; and

def less restrictive amd 2011 No. 13 s 255(5) limited community treatment, for a patient, means undertaking some treatment or care in the community other than under the community category of an involuntary treatment order. def limited community treatment amd 2011 No. 13 s 255(6) mechanical restraint see section 162A. def mechanical restraint sub 2011 No. 13 s 255(1)–(2) member means a member of the tribunal, and includes the president. Mental Health Court means the Mental Health Court established under section 381 (1). mental illness see section 12. monitoring condition see section 131A (3). def monitoring condition ins 2013 No. 7 s 77(1) non-contact order means an order in force under chapter 6, part 5A or chapter 7, part 8A, and includes an order of a Magistrates Court varying a non-contact order. def non-contact order ins 2001 No. 78 s 138(1) notification order ... def notification order om 2007 No. 54 s 36(1) obstruct includes hinder, resist and attempt to obstruct. occupational therapist means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in the occupational therapy profession. def occupational therapist sub 2001 No. 9 s 239 sch 2; 2012 No. 10 s 36(1) occupier, of place, includes the person apparently in charge of the place. offence for—

(a) chapter 3, part 2, division 2—see section 60; or

(b) chapter 7—see section 235.

original psychiatrist’s report, for chapter 7, see section 235. def original psychiatrist’s report ins 2007 No. 54 s 36(2) parole means parole under the Corrective Services Act 2006 , chapter 5, part 1, and for a child includes release under a supervised release order under the Youth Justice Act 1992 , section 228. def parole amd 2000 No. 63 s 276 sch 2; 2002 No. 39 s 161; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115, 118); 2006 No. 29 s 518 sch 3; 2009 No. 34 s 45(1) sch pt 1 amdt 25 participating State means a State—

(a) in which a corresponding law is in force; and

(b) with which an interstate agreement is in force.

party means—

(a) for an appeal to the tribunal against a decision of the administrator of an authorised mental health service under chapter 10, part 4 to refuse to allow a person to visit a patient in the health service—the appellant or the administrator of the health service; or

(b) for an appeal to the tribunal against a decision of the administrator of the forensic disability service under the Forensic Disability Act to refuse to allow a person to visit a forensic disability client in that service—the appellant or the administrator of that service; or

(ba) for an appeal under section 493AH against an order of the director to suspend limited community treatment for a patient—the appellant or the director; or

(c) for another proceeding in the tribunal—a person who, under chapter 12, part 4, has a right to appear in person at the hearing of the proceeding, regardless of whether the person appears or is represented at the hearing; or

(d) for a proceeding in the Mental Health Court on an appeal against a review decision, a decision on a treatment application, a decision under chapter 5, part 1, division 2A for a transfer order for a patient or a decision on an application under that part, division 3 for approval that a patient move out of Queensland—

(i) a party to the proceeding in the tribunal for the review or application; or

(ii) the director, if the director is the appellant or elects to become a party to the proceeding; or

(e) for a proceeding in the Mental Health Court on an appeal against a decision on an application under chapter 5, part 1, division 2A for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service—

(i) a party to the proceeding in the tribunal for the application; or

(ii) the director, if the director is the appellant or elects to become a party to the proceeding; or

(iii) the director (forensic disability), if that director elects to become a party to the proceeding; or

(f) for a proceeding in the Mental Health Court on a reference not mentioned in paragraph (g)—

(i) the person the subject of the reference; or

(ii) the director; or

(iii) the director of public prosecutions; or

(g) for a proceeding in the Mental Health Court on a reference about a person who has an intellectual disability—

(i) the person the subject of the reference; or

(ii) the director, if the director elects to become a party to the proceeding; or

(iii) the director (forensic disability), if that director elects to become a party to the proceeding; or

(iv) the director of public prosecutions; or

(h) for a proceeding in the Mental Health Court on an application to withdraw a reference—the parties to the proceeding for the reference; or

(i) for a proceeding in the Mental Health Court on an application to inquire into a patient’s detention in an authorised mental health service—

(i) the patient; or

(ii) the applicant; or

(iii) the director; or

(j) for a proceeding in the Mental Health Court on an application to inquire into a forensic disability client’s detention in the forensic disability service—

(i) the forensic disability client; or

(ii) the applicant; or

(iii) the director (forensic disability); or

(k) for a proceeding in the Mental Health Court on an application under section 607 to change a person’s forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability)—

(i) the person to whom the existing forensic order relates, or someone else on behalf of the person; or

(ii) the director; or

(iii) the director (forensic disability); or

(iv) the director and the director (forensic disability) acting jointly; or

(v) the Attorney-General.

def party sub 2011 No. 13 s 255(1)–(2) amd 2013 No. 7 s 77(2) patient—

(a) for chapter 8, part 1—see section 318ZC; or

(b) for chapter 10, part 3—see section 351; or

(d) for chapter 14, part 6—see section 531; or

(e) elsewhere—means—

(i) an involuntary patient; or

(ii) a person detained or liable to be detained in an authorised mental health service under a court order under section 101 (2), 273 (1) (b) or 337 (6).

def patient amd 2001 No. 78 s 138(4); 2002 No. 23 s 3 sch; 2007 No. 54 s 36(3) personal attorney means an attorney for a personal matter under the Powers of Attorney Act 1998 . personal guardian means a guardian for a personal matter under the Guardianship and Administration Act 2000 . personal offence means an indictable offence committed, or alleged to have been committed, against the person of someone. def personal offence ins 2001 No. 78 s 138(1) person in lawful custody means—

(a) 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 for section 64 (3); or

(b) a person who is detained in lawful custody on a charge of an offence or awaiting sentence on conviction of an offence; or

(c) a person who is serving a sentence of imprisonment or period of detention under a court order and is not released on parole.

def person in lawful custody sub 2006 No. 46 s 129 place includes the following—

(a) vacant land;

(b) premises;

(d) a boat;

(e) an aircraft.

postal article includes a postal article carried by a courier service. post-amended Act—

(a) for chapter 16, part 3—see section 589; or

(b) for chapter 16, part 4—see section 594.

def post-amended Act ins 2007 No. 28 s 26(2) sub 2007 No. 54 s 36(1)–(2) pre-amended Act—

(a) for chapter 16, part 3—see section 589; or

(b) for chapter 16, part 4—see section 594.

def pre-amended Act ins 2007 No. 28 s 26(2) sub 2007 No. 54 s 36(1)–(2) premises includes the following—

(a) a building or structure of any kind;

(b) part of a building or structure of any kind;

president means the president of the tribunal. presiding member, for a tribunal hearing, means the tribunal member who, under section 449 is the presiding member of the tribunal for the hearing. proceeding means—

(a) for a provision relating to the Mental Health Court—a proceeding in the court; or

(b) for a provision relating to the tribunal—a proceeding in the tribunal.

def proceeding amd 2007 No. 54 s 36(4) prosecuting authority, for an offence, means the commissioner of the police service, director of public prosecutions or other entity responsible for prosecuting the proceeding for the offence. def prosecuting authority ins 2011 No. 13 s 255(2) psychiatrist means—

(a) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the speciality of psychiatry, other than as a student; or

(b) a person registered under the Health Practitioner Regulation National Law with limited registration to practise in an area of need in a specialist position in psychiatry.

def psychiatrist sub 2001 No. 7 s 302 sch 2; 2010 No. 14 s 124 sch; 2012 No. 10 s 36(2) psychiatrist’s report, for chapter 7, part 3, see section 245B. def psychiatrist’s report ins 2007 No. 54 s 36(2) psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student. def psychologist sub 2001 No. 15 s 255 sch 2; 2010 No. 14 s 124 sch psychosurgery means a neurosurgical procedure to diagnose or treat a mental illness, but does not include a surgical procedure for treating epilepsy, Parkinson’s disease or another neurological disorder. public guardian means the public guardian under the Public Guardian Act 2014. def public guardian ins 2014 No. 26 s 260(2) public place means any place the public is entitled to use or is open to, or used by, the public (whether or not on payment of an admission fee). public sector health service see the Hospital and Health Boards Act 2011 , schedule 2. def public sector health service sub 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) public sector hospital see the Hospital and Health Boards Act 2011 , schedule 2. def public sector hospital sub 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47) public sector mental health service means an authorised mental health service that is a public sector health service. publish means publish to the public by way of television, newspaper, radio, the internet or other form of communication. reasonably believes means believes on grounds that are reasonable in the circumstances. reasonably satisfied means satisfied on grounds that are reasonable in the circumstances. reasonably suspects means suspects on grounds that are reasonable in the circumstances. recommendation for assessment for—

(a) chapter 2—see section 16 (b); or

(b) chapter 3—see section 49 (a).

reference means a reference, under section 62, 240, 247 or 257, to the Mental Health Court of a person’s mental condition relating to an offence. registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a nurse, other than as a student; and

(b) in the registered nurses division of that profession.

def registered nurse sub 2010 No. 14 s 124 sch registrar means the registrar of the Mental Health Court. registry means the Mental Health Court Registry. related risk see section 493AC (1) (b). def related risk ins 2013 No. 7 s 77(1) relative, of a person, means—

(a) the person’s spouse; or

(b) a child, grandchild, parent, brother, sister, grandparent, aunt or uncle (whether of whole or half-blood) of the person or the person’s spouse.

relevant offence, for chapter 6, part 4, see section 208. relevant patient means any of the following—

(a) a classified patient;

(b) a forensic patient;

def relevant patient ins 2013 No. 7 s 77(1) report, for chapter 14, part 5, see section 523. def report ins 2007 No. 28 s 43(2) request for assessment see section 16 (a). review means a review by the tribunal under chapter 6. review decision means a decision on a review. searcher, for chapter 10, part 3, see section 357 (1). seclusion see section 162J. def seclusion sub 2011 No. 13 s 255(1)–(2) section 613 finding see section 299 (a) (i). section 645 finding see section 299 (a) (ii). section 647 finding see section 299 (a) (iii). security officer, for a high security unit, means a person appointed to an office at the unit to provide security services, regardless of how the person’s office is described. seizure provisions, for chapter 10, see section 348. senior registered nurse on duty, for a patient in an in-patient facility of an authorised mental health service, means the senior registered nurse on duty in the ward in which the patient is being treated. significant matter see section 493AC (1) (a). def significant matter ins 2013 No. 7 s 77(1) special notification forensic patient see section 305A. def special notification forensic patient ins 2007 No. 54 s 36(2) spouse ... def spouse om 2002 No. 74 s 90 sch statement of rights see section 344 (1). transfer order, other than in sections 126, 165 and 166, means an order made by—

(a) the director under section 169A or 602; or

(b) the tribunal or the Mental Health Court;

for the transfer of a patient from an authorised mental health service to the forensic disability service. def transfer order ins 2011 No. 13 s 255(2) treating health service, for a patient, means—

(a) the authorised mental health service stated in—

(i) the involuntary treatment order for the patient; or

(ii) the court assessment order or custodian’s authority for assessment for the patient; or

(iii) the forensic order for the patient; or

(iv) the court order for the patient under section 101 (2), 273 (1) (b) or 337 (6); or

(v) if a court examination order is in force for the patient—the order; or

(b) another authorised mental health service to which the patient is transferred.

def treating health service amd 2002 No. 23 s 3 sch treatment, of a person who has a mental illness, means anything done, or to be done, with the intention of having a therapeutic effect on the person’s illness. treatment application means an application under chapter 6, part 6, for approval for treatment of a person. treatment criteria see section 14. treatment plan, for an involuntary patient, means the treatment plan prepared under chapter 4, part 2, for the patient. tribunal means the Mental Health Review Tribunal established under section 436 (1). tribunal rule means a rule made under section 479. unlawfully means without authority under this Act or other legal authority, justification or excuse. unsound mind means the state of mental disease or natural mental infirmity described in the Criminal Code, section 27, but does not include a state of mind resulting, to any extent, from intentional intoxication or stupefaction alone or in combination with some other agent at or about the time of the alleged offence. Note— The Criminal Code, section 27 (Insanity) deals with criminal responsibility and mental disease or infirmity. young patient means an involuntary patient who is under 17 years. young person means an individual who is under 17 years. victim, of an alleged offence, means—

(a) a direct victim of the alleged offence; or

(b) an immediate family member of a direct victim of the alleged offence.

def victim ins 2001 No. 78 s 138(1) sub 2007 No. 28 s 43 visitor means a person who—

(a) is visiting a high security unit or a patient in a high security unit; or

(b) seeks entry to a high security unit.

sch (prev sch 2) renum 2011 No. 13 s 270 sch 2 pt 2 Attachment section 7 Abbreviations used in the flowcharts in this attachment— AMHP = Authorised Mental Health Practitioner AMHS = Authorised Mental Health Service DMH = Director of Mental Health ITO = Involuntary Treatment Order MHC = Mental Health Court MHRT = Mental Health Review Tribunal

attachment amd 2007 No. 37 s 117 sch