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QUEENSLAND MENTAL HEALTH COMMISSION BILL 2012

          Queensland



Queensland Mental Health
Commission Bill 2012

 


 

 

Queensland Queensland Mental Health Commission Bill 2012 Contents Page Part 1 Preliminary Division 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2 Object of Act and guiding principles 4 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Guiding principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 3 Interpretation 6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7 Meaning of whole-of-government strategic plan. . . . . . . . . . . . . . 9 Part 2 Queensland Mental Health Commission Division 1 Establishment 8 Establishment of Mental Health Commission . . . . . . . . . . . . . . . . 10 9 Commission represents the State . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2 Functions and powers 11 Commission's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Commission's powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 3 Membership of the commission 14 Membership of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 4 Staff of the commission Subdivision 1 Commissioner 15 Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16 Restriction on appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

 


 

Queensland Mental Health Commission Bill 2012 Contents 17 Commissioner employed under this Act . . . . . . . . . . . . . . . . . . . . 14 18 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 19 Functions and powers of commissioner . . . . . . . . . . . . . . . . . . . . 15 20 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Vacancy in office of commissioner . . . . . . . . . . . . . . . . . . . . . . . . 15 22 Preservation of rights of commissioner . . . . . . . . . . . . . . . . . . . . 16 23 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Subdivision 2 Staff 24 Commission staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Part 3 Whole-of-government strategic plan and reporting by commission 25 Commission to develop whole-of-government strategic plan . . . . 17 26 Commission to facilitate implementation of, and report on, whole-of-government strategic plan . . . . . . . . . . . . . . . . . . . . . . . 18 27 Commission to review whole-of-government strategic plan . . . . . 18 28 Commission must prepare special report if directed by the Minister ....................................... 18 29 Commission may prepare ordinary reports . . . . . . . . . . . . . . . . . 19 30 Ordinary report must be given to Minister . . . . . . . . . . . . . . . . . . 19 31 When commission must give copy of ordinary report to agency . 20 32 Agency must respond to commission's recommendation . . . . . . 20 33 Details of reports to be included in annual report. . . . . . . . . . . . . 20 Part 4 Cooperation between commission and public sector and publicly-funded agencies 34 Cooperation between commission and relevant agencies . . . . . 21 35 Regard to be had to whole-of-government strategic plan when negotiating service agreements . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36 Provision of information by public sector unit to commission . . . 21 Part 5 Queensland Mental Health and Drug Advisory Council Division 1 Establishment and functions 37 Establishment of Queensland Mental Health and Drug Advisory Council ....................................... 22 38 Functions of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 2 Membership 39 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 40 Chairperson and deputy chairperson of council. . . . . . . . . . . . . . 23 41 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Page 2

 


 

Queensland Mental Health Commission Bill 2012 Contents Division 3 Conduct of business by council 42 Conduct of business by council . . . . . . . . . . . . . . . . . . . . . . . . . . 25 43 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 44 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 45 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 46 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 47 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 6 Cooperation between commission and council 48 Commission must support council . . . . . . . . . . . . . . . . . . . . . . . . 27 49 Consultation on reports and whole-of-government strategic plan 28 50 Commission must respond to council's recommendation . . . . . . 28 51 Details of recommendations to be included in annual report . . . . 28 Part 7 Miscellaneous 52 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 53 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 29 54 Commission's guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 55 Review of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 56 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 57 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 8 Amendment of this Act 58 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 59 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 9 Amendment of Mental Health Act 2000 60 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 61 Amendment of s 131 (What treatment plan must state for limited community treatment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 62 New ss 131A and 131B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 131A Director may require monitoring condition for patient undertaking limited community treatment. . . . . . . . . . 31 131B Confidentiality of information gained as a result of monitoring conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 63 Amendment of s 191 (Decisions on review) . . . . . . . . . . . . . . . . . 33 64 Amendment of s 203 (Decisions on review) . . . . . . . . . . . . . . . . . 33 65 Amendment of s 204 (Restrictions on review decisions) . . . . . . . 33 66 Amendment of s 437 (Jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . 33 67 Amendment of s 447 (Members constituting tribunal for hearings) 34 Page 3

 


 

Queensland Mental Health Commission Bill 2012 Contents 68 Amendment of s 448 (When tribunal may be constituted by less than 3 members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 69 Insertion of new s 454A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 454A Right of appearance--appeal against director's order to suspend limited community treatment . . . . . . . . . . . . 34 70 Amendment of s 489 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 35 71 Amendment of s 491 (Independence of director) . . . . . . . . . . . . . 35 72 Amendment of s 492 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . 35 73 Insertion of new ch 13, pt 1, div 1A . . . . . . . . . . . . . . . . . . . . . . . 36 Division 1A Action by director where serious risk to person or public safety 493AC Minister may direct the director to investigate matter and consider taking appropriate action . . . . . . . . . . . . . . 36 493AD Director must consult before ordering suspension of limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . 37 493AE Action director may take for a significant matter and related risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 493AF What director's order must contain. . . . . . . . . . . . . . . 38 493AG Director may vary period of order or end the order . . 39 493AH Appeal against director's order to suspend limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . 39 493AI Persons to whom tribunal must give a copy of its decision 40 493AJ Decision to be given effect . . . . . . . . . . . . . . . . . . . . . 40 74 Amendment of s 508 (Taking patient to authorised mental health service). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 75 Amendment of s 526 (Publication of information disclosing identity of parties to proceedings). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 76 Amendment of s 536 (Protection of officials from liability) . . . . . . 41 77 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 42 Part 10 Amendment of Public Service Act 2008 78 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 79 Amendment of sch 1 (Public service offices and their heads) . . . 42 Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Page 4

 


 

2012 A Bill for An Act to establish the Queensland Mental Health Commission and for related purposes, and to amend this Act, the Mental Health Act 2000 and the Public Service Act 2008 for particular purposes

 


 

Queensland Mental Health Commission Bill 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Division 1 Introduction 3 1 Short title 4 This Act may be cited as the Queensland Mental Health 5 Commission Act 2012. 6 2 Commencement 7 This Act, other than part 9, commences on a day to be fixed 8 by proclamation. 9 3 Act binds all persons 10 (1) This Act binds all persons, including the State and, to the 11 extent the legislative power of the Parliament permits, the 12 Commonwealth and the other States. 13 (2) Nothing in this Act makes the State liable to be prosecuted for 14 an offence. 15 Division 2 Object of Act and guiding principles 16 4 Object 17 (1) The object of this Act is to establish the Queensland Mental 18 Health Commission to drive ongoing reform towards a more 19 integrated, evidence-based, recovery-oriented mental health 20 and substance misuse system. 21 (2) The object is mainly achieved by-- 22 Page 6

 


 

Queensland Mental Health Commission Bill 2012 Part 1 Preliminary [s 5] (a) developing a whole-of-government strategic plan that-- 1 (i) provides for coordinated action by relevant 2 agencies involved in the delivery of relevant 3 services; and 4 (ii) promotes the best interests of-- 5 (A) people with mental health or substance 6 misuse issues, and their families, carers and 7 support persons; and 8 (B) people who are vulnerable to, or otherwise at 9 significant risk of, developing mental health 10 or substance misuse issues; and 11 (iii) drives innovation and best practice through 12 knowledge sharing, research and evidence-based 13 policy and practice; and 14 (iv) encourages integration of relevant services; and 15 (b) monitoring, reviewing and reporting on issues 16 affecting-- 17 (i) people with mental health or substance misuse 18 issues, and their families, carers and support 19 persons; and 20 (ii) people who are vulnerable to, or otherwise at 21 significant risk of, developing mental health or 22 substance misuse issues; and 23 (c) promoting prevention, early intervention and 24 community awareness strategies. 25 5 Guiding principles 26 (1) A person must have regard to the principles stated in this 27 section when performing a function or exercising a power 28 under this Act. 29 (2) People with mental illness or who misuse substances-- 30 Page 7

 


 

Queensland Mental Health Commission Bill 2012 Part 1 Preliminary [s 5] (a) should have access to quality mental health or substance 1 misuse services, care and support, wherever they live; 2 and 3 (b) should be treated with respect and dignity; and 4 (c) should be supported to participate fully in community 5 life and lead meaningful lives; and 6 (d) have the same right to privacy as other members of 7 society. 8 (3) Aboriginal or Torres Strait Islander people should be provided 9 with treatment, care and support in a way that recognises and 10 is consistent with Aboriginal tradition or Island custom and is 11 culturally appropriate and respectful. 12 (4) Carers, family members and support persons for people with a 13 mental illness or who misuse substances-- 14 (a) are integral to wellbeing, treatment and recovery; and 15 (b) should be respected, valued and supported; and 16 (c) should be engaged, wherever possible, in treatment 17 plans. 18 (5) An effective mental health and substance misuse system is the 19 shared responsibility of the government and non-government 20 sectors and requires-- 21 (a) a coordinated and integrated approach, including across 22 the areas of health, housing, employment, education, 23 justice and policing; and 24 (b) a commitment to communication and collaboration 25 across public sector and publicly funded agencies, 26 consumers and the community; and 27 (c) strategies that foster inclusive, safer and healthier 28 families, workplaces and communities. 29 Page 8

 


 

Queensland Mental Health Commission Bill 2012 Part 1 Preliminary [s 6] Division 3 Interpretation 1 6 Definitions 2 The dictionary in the schedule defines particular words used 3 in this Act. 4 7 Meaning of whole-of-government strategic plan 5 A whole-of-government strategic plan is a plan for the 6 improvement of mental health and the limiting of harm 7 associated with substance misuse that-- 8 (a) provides strategic guidance and direction about the 9 intended outcomes of government funding of, and the 10 development and implementation of policy in relation 11 to, the mental health and substance misuse system; and 12 (b) establishes benchmarks and performance measures for 13 evaluating and reporting on the effectiveness of the 14 mental health and substance misuse system; and 15 (c) fosters the development and strengthening of 16 partnerships and the integration of services across 17 relevant agencies; and 18 (d) fosters the development of evidence-based policy and 19 promotes the uptake of innovation and evidence-based 20 practice by relevant agencies; and 21 (e) includes strategies for-- 22 (i) increasing participation by relevant persons in the 23 development, delivery and evaluation of policies, 24 programs and services to the greatest extent 25 possible; and 26 (ii) supporting and promoting the mental health and 27 wellbeing of the community; and 28 (iii) supporting and promoting the prevention of, and 29 early intervention in relation to, mental illness and 30 substance misuse; and 31 Page 9

 


 

Queensland Mental Health Commission Bill 2012 Part 2 Queensland Mental Health Commission [s 8] (iv) supporting and promoting the general health and 1 wellbeing of relevant persons; and 2 (v) enhancing community awareness and 3 understanding about mental health and substance 4 misuse issues, including for the purpose of 5 reducing stigma and discrimination; and 6 (f) provides for other matters the commission considers 7 necessary to exercise its functions under this Act. 8 Part 2 Queensland Mental Health 9 Commission 10 Division 1 Establishment 11 8 Establishment of Mental Health Commission 12 The Queensland Mental Health Commission is established. 13 9 Commission represents the State 14 (1) The commission represents the State. 15 (2) Without limiting subsection (1), the commission has the 16 status, privileges and immunities of the State. 17 10 Application of other Acts 18 (1) The commission is-- 19 (a) a unit of public administration under the Crime and 20 Misconduct Act 2001; and 21 (b) a statutory body under the Financial Accountability Act 22 2009 and the Statutory Bodies Financial Arrangements 23 Act 1982. 24 Page 10

 


 

Queensland Mental Health Commission Bill 2012 Part 2 Queensland Mental Health Commission [s 11] (2) The Statutory Bodies Financial Arrangements Act 1982, part 1 2B explains how that Act affects the commission's powers. 2 Division 2 Functions and powers 3 11 Commission's functions 4 (1) The main functions of the commission are as follows-- 5 (a) to prepare a whole-of-government strategic plan; 6 (b) to monitor and report to the Minister on implementation 7 of the whole-of-government strategic plan; 8 (c) to review the whole-of-government strategic plan; 9 (d) to review, evaluate, report and advise on-- 10 (i) the mental health and substance misuse system; 11 and 12 (ii) other issues affecting relevant persons; and 13 (iii) issues affecting community mental health and 14 substance misuse; 15 (e) to promote and facilitate the sharing of knowledge and 16 ideas about mental health and substance misuse issues; 17 (f) to undertake and commission research in relation to 18 mental health and substance misuse issues; 19 (g) to support and promote strategies that-- 20 (i) prevent mental illness and substance misuse; and 21 (ii) facilitate early intervention for mental illness and 22 substance abuse; 23 (h) to support and promote the general health and wellbeing 24 of people with a mental illness and people who misuse 25 substances, and their families, carers and support 26 persons; 27 (i) to support and promote social inclusion and recovery of 28 people with a mental illness or who misuse substances; 29 Page 11

 


 

Queensland Mental Health Commission Bill 2012 Part 2 Queensland Mental Health Commission [s 11] (j) to promote community awareness and understanding 1 about mental health and substance misuse issues, 2 including for the purpose of reducing stigma and 3 discrimination; 4 (k) to take other action the commission considers 5 appropriate to address the needs of relevant persons. 6 (2) In exercising its functions under this Act, the commission 7 must-- 8 (a) focus on systemic mental health and substance misuse 9 issues; and 10 (b) take into account comorbid issues including disability, 11 chronic disease and homelessness; and 12 (c) take into account issues for people with mental health 13 and substance misuse issues in the criminal justice 14 system; and 15 (d) engage and consult with-- 16 (i) people with mental health or substance misuse 17 issues, and their families, carers and support 18 persons; and 19 (ii) Hospital and Health Boards under the Hospital and 20 Health Boards Act 2011; and 21 (iii) the government, non-government and private 22 sectors; and 23 (iv) other members of the community to the extent the 24 commissioner considers appropriate; and 25 (e) take into account the particular views, needs and 26 vulnerabilities of different sections of the Queensland 27 community, including-- 28 (i) Aboriginal and Torres Strait Islander communities; 29 and 30 (ii) culturally and linguistically diverse communities; 31 and 32 (iii) regional and remote communities; and 33 Page 12

 


 

Queensland Mental Health Commission Bill 2012 Part 2 Queensland Mental Health Commission [s 12] (iv) other groups at risk of marginalisation and 1 discrimination; and 2 (f) take into account contemporary evidence and relevant 3 policy and strategic frameworks. 4 12 Commission's powers 5 (1) The commission has all the powers of an individual, and may, 6 for example-- 7 (a) enter into contracts; and 8 (b) acquire, hold, deal with and dispose of property; and 9 (c) appoint agents and attorneys; and 10 (d) engage consultants or contractors; and 11 (e) do anything else necessary or convenient to be done in 12 the performance of its functions. 13 (2) Without limiting subsection (1), the commission has the 14 powers given to it under this Act or another Act. 15 13 Ministerial direction 16 (1) The commissioner is subject to the directions of the Minister 17 in performing the commissioner's functions under this Act. 18 (2) The commissioner must comply with a direction given by the 19 Minister. 20 (3) The commission must include in its annual report details of-- 21 (a) any direction given by the Minister under subsection (1) 22 during the financial year to which the report relates; and 23 (b) action taken by the commissioner as a result of the 24 direction. 25 Page 13

 


 

Queensland Mental Health Commission Bill 2012 Part 2 Queensland Mental Health Commission [s 14] Division 3 Membership of the commission 1 14 Membership of commission 2 The commission consists of-- 3 (a) the commissioner; and 4 (b) the other staff of the commission. 5 Division 4 Staff of the commission 6 Subdivision 1 Commissioner 7 15 Commissioner 8 (1) The commission is to have a Mental Health Commissioner. 9 (2) The commissioner is appointed by the Governor in Council on 10 the recommendation of the Minister. 11 (3) The Minister may recommend a person for appointment only 12 if the Minister is satisfied the person has the skills, 13 knowledge, experience and public standing required to 14 exercise the commission's functions effectively and 15 efficiently. 16 16 Restriction on appointment 17 A member of the council must not be appointed as 18 commissioner. 19 17 Commissioner employed under this Act 20 The commissioner is employed under this Act and not under 21 the Public Service Act 2008. 22 Page 14

 


 

Queensland Mental Health Commission Bill 2012 Part 2 Queensland Mental Health Commission [s 18] 18 Term of office 1 Subject to this subdivision, the commissioner holds office for 2 the term of 3 years. 3 19 Functions and powers of commissioner 4 (1) The main functions of the commissioner are as follows-- 5 (a) to manage the commission in a way that ensures the 6 commission performs its functions under this Act 7 effectively and efficiently; 8 (b) to make recommendations to the Minister about any 9 matter that-- 10 (i) relates to the performance or exercise of the 11 commissioner's or commission's functions or 12 powers; and 13 (ii) may help the Minister in the proper administration 14 of this Act. 15 (2) The commissioner's functions also include any other function 16 given to the commissioner under this Act or another Act. 17 (3) The commissioner may exercise the powers of the 18 commission and any other powers given to the commissioner 19 under this Act or another Act. 20 20 Conditions of appointment 21 (1) The commissioner is to be paid the remuneration and 22 allowances decided by the Governor in Council. 23 (2) The commissioner holds office on the terms and conditions, 24 not provided by this Act, that are decided by the Governor in 25 Council. 26 21 Vacancy in office of commissioner 27 (1) The office of the commissioner becomes vacant if the 28 commissioner-- 29 Page 15

 


 

Queensland Mental Health Commission Bill 2012 Part 2 Queensland Mental Health Commission [s 22] (a) resigns office by signed notice to the Minister giving at 1 least 1 month's notice; or 2 (b) is convicted of an indictable offence; or 3 (c) is a person who is an insolvent under administration 4 under the Corporations Act, section 9; or 5 (d) is removed from office by the Governor in Council 6 under subsection (2); or 7 (e) is suspended by the Minister under subsection (4). 8 (2) The Governor in Council may, at any time, remove the 9 commissioner from office on the recommendation of the 10 Minister. 11 (3) The Minister may recommend the commissioner's removal 12 only if the Minister is satisfied the commissioner-- 13 (a) has been guilty of misconduct; or 14 (b) is incapable of performing his or her duties; or 15 (c) has neglected his or her duties or performed them 16 incompetently. 17 (4) The Minister may suspend the commissioner for up to 60 days 18 by signed notice to the commissioner if-- 19 (a) there is an allegation of misconduct against the 20 commissioner; or 21 (b) the Minister is satisfied a matter has arisen in relation to 22 the commissioner that may be grounds for removal 23 under this section. 24 22 Preservation of rights of commissioner 25 (1) This section applies if an officer of the public service is 26 appointed as the commissioner. 27 (2) The person keeps all rights accrued or accruing to the person 28 as an officer of the public service as if service as the 29 commissioner were a continuation of service as an officer of 30 the public service. 31 Page 16

 


 

Queensland Mental Health Commission Bill 2012 Part 3 Whole-of-government strategic plan and reporting by commission [s 23] (3) At the end of the person's term of office or resignation as the 1 commissioner the person's service as the commissioner is 2 taken to be service of a like nature in the public service for 3 deciding the person's rights as an officer of the public service. 4 23 Acting commissioner 5 The Minister may appoint a person, other than a member of 6 the council, to act in the office of commissioner during-- 7 (a) a vacancy in the office of commissioner; or 8 (b) any period, or all periods, when the commissioner is 9 absent from duty, or can not, for another reason, perform 10 the functions of the office. 11 Subdivision 2 Staff 12 24 Commission staff 13 (1) The commission may employ the staff it considers appropriate 14 to perform its functions. 15 (2) The staff are to be employed under the Public Service Act 16 2008. 17 Part 3 Whole-of-government strategic 18 plan and reporting by 19 commission 20 25 Commission to develop whole-of-government strategic 21 plan 22 (1) As soon as practicable after the commencement of this Act, 23 the commission must prepare a whole-of-government 24 strategic plan and submit it to the Minister for approval. 25 Page 17

 


 

Queensland Mental Health Commission Bill 2012 Part 3 Whole-of-government strategic plan and reporting by commission [s 26] (2) In preparing the whole-of-government strategic plan the 1 commission must consult with relevant persons and relevant 2 agencies. 3 26 Commission to facilitate implementation of, and report 4 on, whole-of-government strategic plan 5 The commission must-- 6 (a) facilitate the implementation of the 7 whole-of-government strategic plan; and 8 (b) monitor and report to the Minister on its 9 implementation. 10 27 Commission to review whole-of-government strategic 11 plan 12 (1) The commission must-- 13 (a) review the whole-of-government strategic plan-- 14 (i) at least once every 5 years; or 15 (ii) at an earlier time, if directed by the Minister; and 16 (b) prepare any appropriate amendments of the 17 whole-of-government strategic plan and submit them to 18 the Minister for approval. 19 (2) In preparing amendments of the whole-of-government 20 strategic plan the commission must consult with relevant 21 persons and relevant agencies. 22 28 Commission must prepare special report if directed by 23 the Minister 24 (1) The commission must prepare a special report on any 25 significant systemic issue affecting people who have mental 26 health or substance misuse issues, if directed by the Minister. 27 (2) The special report-- 28 (a) must be given to the Minister; and 29 Page 18

 


 

Queensland Mental Health Commission Bill 2012 Part 3 Whole-of-government strategic plan and reporting by commission [s 29] (b) may contain recommendations about the issue the 1 subject of the report; and 2 (c) may include a recommendation that the report be made 3 public. 4 29 Commission may prepare ordinary reports 5 (1) The commission may, at any time, prepare a report on any of 6 the following-- 7 (a) the preparation or review of the whole-of-government 8 strategic plan; 9 (b) the implementation of the whole-of-government 10 strategic plan; 11 (c) a systemic issue relating to the mental health and 12 substance misuse system or affecting people who have 13 mental health or substance misuse issues; 14 (d) the funding of mental health and substance misuse 15 services. 16 (2) However, before preparing a report under subsection (1)(c) or 17 (d), the commission must notify the Minister in writing. 18 (3) In preparing a report under subsection (1)(c) or (d), the 19 commission must consult with the relevant agencies and 20 private sector agencies it considers may be significantly 21 affected by the report. 22 (4) In consulting with an agency under subsection (3), the 23 commission must consider submissions by the agency. 24 (5) A report may contain recommendations about the issue the 25 subject of the report. 26 30 Ordinary report must be given to Minister 27 (1) After completing an ordinary report, the commission must 28 give it to the Minister. 29 (2) The Minister must table a copy of the report in the Legislative 30 Assembly as soon as practicable after receiving it. 31 Page 19

 


 

Queensland Mental Health Commission Bill 2012 Part 3 Whole-of-government strategic plan and reporting by commission [s 31] 31 When commission must give copy of ordinary report to 1 agency 2 If an ordinary report contains recommendations that relate to a 3 particular relevant agency, the commission must give a copy 4 of the report to the agency as soon as practicable after giving 5 it to the Minister. 6 32 Agency must respond to commission's recommendation 7 (1) This section applies if the commission makes a 8 recommendation in an ordinary report that relates to a relevant 9 agency. 10 (2) The agency must respond to the commission in writing within 11 a reasonable period-- 12 (a) detailing the steps it has taken, or plans to take, in 13 relation to the recommendation; or 14 (b) advising that it has decided not to take any action in 15 relation to the recommendation. 16 (3) If subsection (2)(b) applies, the agency must provide the 17 commission with the reasons for its decision. 18 33 Details of reports to be included in annual report 19 The commission must include in its annual report details of-- 20 (a) each recommendation in an ordinary report by the 21 commission during the financial year that relates to a 22 relevant agency; and 23 (b) action taken by the agency in response to the 24 recommendation. 25 Page 20

 


 

Queensland Mental Health Commission Bill 2012 Part 4 Cooperation between commission and public sector and publicly-funded agencies [s 34] Part 4 Cooperation between 1 commission and public sector 2 and publicly-funded agencies 3 34 Cooperation between commission and relevant agencies 4 (1) The commission and relevant agencies must work 5 cooperatively in the exercise of their respective functions. 6 (2) Relevant agencies must-- 7 (a) have regard to the whole-of-government strategic plan 8 and the guiding principles in exercising their functions; 9 and 10 (b) consult with the commission on their activities, 11 expenditure and initiatives as required under the 12 whole-of-government strategic plan. 13 (3) It is Parliament's intention that this section be complied with. 14 (4) However, the section is directory only and does not create 15 rights or impose legally enforceable obligations on the State, a 16 relevant agency or anyone else. 17 35 Regard to be had to whole-of-government strategic plan 18 when negotiating service agreements 19 The chief executive under the Hospital and Health Boards Act 20 2011 must take the whole-of-government strategic plan into 21 account when negotiating service agreements under that Act 22 to the extent the agreements relate to the delivery of mental 23 health and substance misuse services. 24 36 Provision of information by public sector unit to 25 commission 26 (1) Subsection (2) applies if the commission considers a 27 department or other public sector unit has information the 28 commission requires to perform its functions. 29 Page 21

 


 

Queensland Mental Health Commission Bill 2012 Part 5 Queensland Mental Health and Drug Advisory Council [s 37] (2) The commission may request the department or unit to 1 provide the commission with the information within a stated 2 reasonable time. 3 (3) The department or unit must provide the information 4 requested unless-- 5 (a) its disclosure is prohibited under an Act; or 6 (b) it is impracticable to provide the information. 7 (4) If the department or unit decides not to provide the 8 information, the department or unit must advise the 9 commission of its reasons for not providing the information. 10 (5) The commission may enter into arrangements with a 11 department or other public sector unit in relation to the 12 provision by the department or unit of information that is 13 required by the commission. 14 Part 5 Queensland Mental Health and 15 Drug Advisory Council 16 Division 1 Establishment and functions 17 37 Establishment of Queensland Mental Health and Drug 18 Advisory Council 19 The Queensland Mental Health and Drug Advisory Council is 20 established. 21 38 Functions of council 22 The functions of the council are-- 23 (a) to provide advice to the commission on mental health or 24 substance misuse issues-- 25 (i) on its own initiative; or 26 Page 22

 


 

Queensland Mental Health Commission Bill 2012 Part 5 Queensland Mental Health and Drug Advisory Council [s 39] (ii) at the request of the commission; and 1 (b) to make recommendations to the commission in relation 2 to the commission's functions. 3 Division 2 Membership 4 39 Membership 5 (1) The council consists of the number of persons appointed by 6 the Minister that the Minister considers appropriate. 7 (2) In making an appointment the Minister must ensure-- 8 (a) the membership of the council reflects the diversity of 9 the Queensland community; and 10 (b) that members have appropriate skills, knowledge or 11 experience, for example, skills, knowledge or 12 experience of mental health and substance misuse issues 13 in relation to the following-- 14 (i) service users and their families, carers, and support 15 persons; 16 (ii) service providers; 17 (iii) people living in remote and regional communities; 18 (iv) members of culturally and linguistically diverse 19 communities; 20 (v) Aboriginal and Torres Strait Islander persons. 21 (3) Members are to-- 22 (a) hold office for the term, not longer than 3 years, stated 23 in the member's instrument of appointment; and 24 (b) be paid the fees and allowances decided by the Governor 25 in Council. 26 40 Chairperson and deputy chairperson of council 27 (1) The Minister may appoint-- 28 Page 23

 


 

Queensland Mental Health Commission Bill 2012 Part 5 Queensland Mental Health and Drug Advisory Council [s 41] (a) a member of the council to be chairperson of the 1 council; and 2 (b) another member to be deputy chairperson of the council. 3 (2) A member may be appointed as the chairperson or deputy 4 chairperson at the same time as the person is appointed as a 5 member. 6 (3) A vacancy arises in the office of chairperson or deputy 7 chairperson if the person holding the office-- 8 (a) resigns office by signed notice of resignation given to 9 the Minister; or 10 (b) ceases to be a member; or 11 (c) is suspended by the Minister under section 41(3). 12 (4) A person resigning the office of chairperson or deputy 13 chairperson may continue to be a member. 14 (5) The deputy chairperson is to act as chairperson-- 15 (a) during a vacancy in the office of the chairperson; and 16 (b) during all periods when the chairperson is absent from 17 duty or for another reason can not perform the duties of 18 the office. 19 41 Vacancy in office of member 20 (1) The office of a member of the council becomes vacant if the 21 member-- 22 (a) completes a term of office; or 23 (b) resigns office by signed notice to the Minister giving at 24 least 1 month's notice; or 25 (c) is removed from office by the Minister under subsection 26 (2); or 27 (d) is suspended by the Minister under subsection (3). 28 (2) The Minister may remove a member from office if the 29 Minister is satisfied the member-- 30 Page 24

 


 

Queensland Mental Health Commission Bill 2012 Part 5 Queensland Mental Health and Drug Advisory Council [s 42] (a) has been guilty of misconduct; or 1 (b) is incapable of performing the member's duties; or 2 (c) has neglected his or her duties or performed them 3 incompetently; or 4 (d) has been absent without permission of the chairperson 5 from 3 consecutive meetings of which due notice was 6 given. 7 (3) The Minister may suspend a member for up to 60 days by 8 signed notice to the member if-- 9 (a) there is an allegation of misconduct against the member; 10 or 11 (b) the Minister is satisfied a matter has arisen in relation to 12 the member that may be grounds for removal under this 13 section. 14 Division 3 Conduct of business by council 15 42 Conduct of business by council 16 (1) The council may conduct its business, including its meetings, 17 in the way the chairperson of the council considers 18 appropriate. 19 (2) However, the chairperson must consult with the commissioner 20 before deciding the way the council is to conduct its meetings. 21 (3) The Minister may direct the council about the conduct of its 22 business, including its meetings. 23 (4) The commissioner is to attend all meetings of the council, 24 unless excused by the chairperson. 25 43 Quorum 26 A quorum for a meeting of the council is one-half the number 27 of its members, or if one-half is not a whole number, the next 28 highest whole number. 29 Page 25

 


 

Queensland Mental Health Commission Bill 2012 Part 5 Queensland Mental Health and Drug Advisory Council [s 44] 44 Presiding at meetings 1 (1) The chairperson is to preside at all meetings of the council at 2 which the chairperson is present. 3 (2) If the chairperson is not present at a meeting, the deputy 4 chairperson is to preside. 5 (3) If neither the chairperson nor deputy chairperson is present at 6 a meeting, a member of the council chosen by the members is 7 to preside. 8 45 Conduct of meetings 9 (1) A question at a meeting of the council is decided by a majority 10 of the votes of the members present. 11 (2) Each member present at the meeting has a vote on each 12 question to be decided and, if the votes are equal, the member 13 presiding also has a casting vote. 14 (3) A member present at the meeting who abstains from voting is 15 taken to have voted for the negative. 16 (4) The council may hold meetings, or permit members to take 17 part in meetings, by using any technology that reasonably 18 allows members to hear and take part in discussions as they 19 happen. 20 Example of use of technology-- 21 teleconferencing 22 (5) A member who takes part in a meeting of the council under 23 subsection (4) is taken to be present at the meeting. 24 (6) A resolution is validly made by the council, even if it is not 25 passed at a meeting of the council, if-- 26 (a) a majority of the council members gives written 27 agreement to the resolution; and 28 (b) notice of the resolution is given under procedures 29 approved by the council. 30 Page 26

 


 

Queensland Mental Health Commission Bill 2012 Part 6 Cooperation between commission and council [s 46] 46 Minutes 1 (1) The council must keep-- 2 (a) minutes of its meetings; and 3 (b) a record of any resolutions made under section 45(6). 4 (2) Subsection (3) applies if a resolution is passed at a meeting of 5 the council by a majority of the members present. 6 (3) If asked by a member who voted against the passing of the 7 resolution, the council must record in the minutes of the 8 meeting that the member voted against the resolution. 9 47 Committees 10 (1) The council may establish committees of the council for 11 effectively and efficiently performing its functions. 12 (2) The term of a committee is decided by the council. 13 (3) A committee may include a person who is not a member of 14 the council. 15 (4) The council is to decide the terms of reference of a committee 16 in consultation with the commissioner. 17 (5) The function of a committee is to consider and advise on 18 matters referred to the committee by the council. 19 Part 6 Cooperation between 20 commission and council 21 48 Commission must support council 22 The commission must support the council in performing its 23 functions by providing information to the council about the 24 performance by the commission of its functions-- 25 (a) at regular intervals; or 26 Page 27

 


 

Queensland Mental Health Commission Bill 2012 Part 6 Cooperation between commission and council [s 49] (b) when requested by the council. 1 49 Consultation on reports and whole-of-government 2 strategic plan 3 The commission must consult with the council on the 4 following before they are given to the Minister-- 5 (a) any special or ordinary reports; 6 (b) the whole-of-government strategic plan. 7 50 Commission must respond to council's recommendation 8 (1) This section applies if the council makes a recommendation 9 about matters relating to a function of the commission. 10 (2) The commission must respond to the council in writing within 11 a reasonable period-- 12 (a) detailing the steps it has taken, or plans to take, in 13 relation to the recommendation; or 14 (b) advising that it has decided not to take any action in 15 relation to the recommendation. 16 (3) If subsection (2)(b) applies, the commission must provide the 17 council with the reasons for its decision. 18 51 Details of recommendations to be included in annual 19 report 20 The commission must include in its annual report details of-- 21 (a) each recommendation by the council to the commission 22 during the financial year; and 23 (b) action taken by the commission in response to the 24 recommendation; and 25 (c) any statement about the conduct of the council's 26 business provided to the commission by the council for 27 inclusion in the commission's annual report. 28 Page 28

 


 

Queensland Mental Health Commission Bill 2012 Part 7 Miscellaneous [s 52] Part 7 Miscellaneous 1 52 Delegations 2 (1) The commissioner may delegate his or her functions under 3 this Act to an appropriately qualified staff member of the 4 commission. 5 (2) In this section-- 6 appropriately qualified includes having qualifications, 7 experience or standing appropriate for the function. 8 functions includes powers. 9 53 Protecting officials from liability 10 (1) An official is not civilly liable for an act done, or omission 11 made, honestly and without negligence under this Act. 12 (2) If subsection (1) prevents a civil liability attaching to an 13 official, the liability attaches instead to the State. 14 (3) In this section-- 15 official means any of the following when performing a 16 function or exercising a power under this Act-- 17 (a) the Minister; 18 (b) the commissioner; 19 (c) a staff member of the commission; 20 (d) a member of the council; 21 (e) a member of a committee of the council. 22 54 Commission's guidelines 23 (1) The commission may make guidelines (each a commission 24 guideline), consistent with this Act, to provide guidance to 25 persons about matters relating to the operation of the Act or 26 the commission. 27 Page 29

 


 

Queensland Mental Health Commission Bill 2012 Part 8 Amendment of this Act [s 55] (2) A commission guideline may be amended or replaced by a 1 later guideline made under this section. 2 (3) The commission must-- 3 (a) give a copy of a commission guideline to a person on 4 request; and 5 (b) keep a copy of each guideline on the commission's 6 website. 7 55 Review of commission 8 The Minister must arrange an independent review of the 9 performance by the commission of its functions within 3 years 10 after the commencement of this section. 11 56 Review of Act 12 (1) The Minister must review the effectiveness of this Act as soon 13 as practicable after the end of 3 years after the commencement 14 of this section. 15 (2) As soon as practicable after finishing the review, the Minister 16 must table a report about its outcome in the Legislative 17 Assembly. 18 57 Regulation-making power 19 The Governor in Council may make regulations under this 20 Act. 21 Part 8 Amendment of this Act 22 58 Act amended 23 This part amends this Act. 24 Page 30

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 59] 59 Amendment of long title 1 Long title, from `, and to'-- 2 omit. 3 Part 9 Amendment of Mental Health 4 Act 2000 5 60 Act amended 6 This part amends the Mental Health Act 2000. 7 61 Amendment of s 131 (What treatment plan must state for 8 limited community treatment) 9 Section 131(1)-- 10 insert-- 11 `(c) any monitoring condition required by the director under 12 section 131A.'. 13 62 New ss 131A and 131B 14 After section 131-- 15 insert-- 16 `131A Director may require monitoring condition for patient 17 undertaking limited community treatment 18 `(1) This section applies if the director considers that any of the 19 following patients requires monitoring while undertaking 20 limited community treatment-- 21 (a) a classified patient; 22 (b) a forensic patient; 23 (c) a patient for whom the Mental Health Court has made 24 an order under section 273(1)(b). 25 Page 31

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 62] `(2) However, this section does not apply to a young patient. 1 `(3) The director may, by written notice to the administrator of the 2 patient's treating health service, require that a condition that 3 allows the treating health service to monitor the patient's 4 location while on limited community treatment (a monitoring 5 condition) be included in the patient's treatment plan under 6 section 131. 7 Examples of patients whose treatment plan may include a monitoring 8 condition-- 9 1. a forensic patient who is undertaking limited community treatment 10 for the first time 11 2. a classified patient who has previously attempted to abscond while on 12 limited community treatment 13 3. a forensic patient who is transitioning from escorted to unescorted 14 limited community treatment 15 Examples of monitoring conditions that may be included in a patient's 16 treatment plan-- 17 1. that the patient telephone a stated person at the patient's treating 18 health service before moving from one location to another 19 2. that the patient provide a detailed plan of where they will be, and with 20 whom they will be, while on limited community treatment 21 3. that the patient wear a device for monitoring the patient's location 22 while on limited community treatment 23 `131B Confidentiality of information gained as a result of 24 monitoring conditions 25 `(1) This section applies to information obtained as a result of a 26 monitoring condition included in a patient's treatment plan 27 under section 131. 28 `(2) To remove any doubt, it is declared that the information is 29 confidential information under the Hospital and Health 30 Boards Act 2011. 31 `(3) However, a designated person under the Hospital and Health 32 Boards Act 2011, part 7, may disclose the information to-- 33 (a) the Queensland Police Service for the purposes of an 34 investigation or prosecution of an offence; or 35 Page 32

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 63] (b) the Mental Health Court or the tribunal.'. 1 63 Amendment of s 191 (Decisions on review) 2 Section 191(2)-- 3 insert-- 4 `(d) an order amending or revoking a monitoring condition 5 included in the patient's treatment plan under section 6 131.'. 7 64 Amendment of s 203 (Decisions on review) 8 Section 203(2)-- 9 insert-- 10 `(f) an order amending or revoking a monitoring condition 11 included in the patient's treatment plan under section 12 131.'. 13 65 Amendment of s 204 (Restrictions on review decisions) 14 (1) Section 204(1), `either of'-- 15 omit, insert-- 16 `any of'. 17 (2) Section 204(1)-- 18 insert-- 19 `(c) amend or revoke a monitoring condition included in the 20 patient's treatment plan under section 131.'. 21 66 Amendment of s 437 (Jurisdiction) 22 Section 437-- 23 insert-- 24 `(k) deciding appeals mentioned in section 493AH.'. 25 Page 33

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 67] 67 Amendment of s 447 (Members constituting tribunal for 1 hearings) 2 Section 447(1)-- 3 insert-- 4 `(h) an appeal under section 493AH against an order of the 5 director to suspend limited community treatment for a 6 patient.'. 7 68 Amendment of s 448 (When tribunal may be constituted 8 by less than 3 members) 9 Section 448-- 10 insert-- 11 `(f) for the hearing of an appeal under section 493AH 12 against an order of the director to suspend limited 13 community treatment for a patient--if the president is 14 satisfied it is appropriate and expedient to do so.'. 15 69 Insertion of new s 454A 16 After section 454-- 17 insert-- 18 `454A Right of appearance--appeal against director's order to 19 suspend limited community treatment 20 `(1) The following persons may appear in person at the hearing of 21 an appeal under section 493AH against an order of the 22 director to suspend limited community treatment for a 23 patient-- 24 (a) the patient; 25 (b) the director. 26 `(2) A person mentioned in subsection (1) may be represented at 27 the hearing by a lawyer or, with the leave of the tribunal, an 28 agent. 29 Page 34

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 70] `(3) If, at a tribunal hearing, the patient is not represented, the 1 presiding member may appoint a person to represent the 2 patient's views, wishes and interests.'. 3 70 Amendment of s 489 (Functions) 4 Section 489(1)(a)-- 5 omit, insert-- 6 `(a) to the extent that it is reasonably practicable, ensuring 7 the protection of the rights of involuntary patients under 8 this Act while balancing their rights with the rights of 9 other persons;'. 10 71 Amendment of s 491 (Independence of director) 11 Section 491-- 12 insert-- 13 `(2) Despite subsection (1), the Minister may direct the director 14 under division 1A.'. 15 72 Amendment of s 492 (Delegation) 16 Section 492(2)-- 17 omit, insert-- 18 `(2) However-- 19 (a) the director must not delegate a power under part 2; and 20 (b) the director may delegate a power under division 1A 21 only to a senior executive or a health executive within 22 the department. 23 `(3) In this section-- 24 health executive has the meaning given in the Hospital and 25 Health Boards Act 2011. 26 senior executive has the meaning given in the Public Service 27 Act 2008.'. 28 Page 35

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 73] 73 Insertion of new ch 13, pt 1, div 1A 1 Chapter 13, part 1-- 2 insert-- 3 `Division 1A Action by director where serious 4 risk to person or public safety 5 `493AC Minister may direct the director to investigate matter and 6 consider taking appropriate action 7 `(1) Subsection (2) applies if the Minister considers that-- 8 (a) a matter has arisen in relation to 1 or more patients (the 9 significant matter); and 10 (b) there is a serious risk to the life, health or safety of a 11 person or a serious risk to public safety because of the 12 matter (the related risk). 13 `(2) The Minister may direct the director to-- 14 (a) immediately undertake a review of the significant matter 15 and related risk to decide-- 16 (i) whether action is necessary to remove, or to 17 control or manage, the related risk; and 18 (ii) whether there are systemic issues that need to be 19 addressed to avoid the risk from recurring; and 20 (b) consider taking any of the actions mentioned in section 21 493AE to address the significant matter to prevent it 22 from recurring; and 23 (c) report back to the Minister-- 24 (i) on the outcome of the review; and 25 (ii) if action is taken as a result of the review--on the 26 action taken. 27 `(3) To remove any doubt, it is declared that the Minister's power 28 under this section-- 29 Page 36

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 73] (a) is limited to requesting the director to review and report 1 on a significant matter and related risk; and 2 (b) does not allow the Minister to direct the director to take 3 action, or any particular action, in relation to the 4 significant matter or related risk. 5 `493AD Director must consult before ordering suspension of 6 limited community treatment 7 `(1) Subsection (2) applies if the director is considering making an 8 order under section 493AE(2)(a) in relation to a significant 9 matter or related risk. 10 `(2) Before making the order, the director must-- 11 (a) consult with the administrator of each authorised mental 12 health service likely to be affected by the director's 13 order about-- 14 (i) the likely impact of the order on the service's 15 operations; and 16 (ii) the likely impact of the order on patients the 17 subject of the order; and 18 (iii) for a patient who is a child--the best interest and 19 needs of the child; and 20 (b) notify the Attorney-General about the action proposed; 21 and 22 (c) if action by the Queensland Police Service is likely to be 23 required in relation to the order--consult the 24 commissioner of the police service; and 25 (d) if the action proposed is likely to affect a young patient 26 in the custody of the chief executive under the Child 27 Protection Act 1999--notify the chief executive under 28 the Child Protection Act 1999 about the action 29 proposed. 30 Page 37

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 73] `493AE Action director may take for a significant matter and 1 related risk 2 `(1) Subsection (2)-- 3 (a) applies if the director considers there is a significant 4 matter and related risk; and 5 (b) applies whether or not a direction has first been given to 6 the director by the Minister under section 493AC. 7 `(2) The director may do one of more of the following-- 8 (a) order the suspension of limited community treatment for 9 a relevant patient or class of relevant patient; 10 (b) order an administrator to provide a report on the 11 circumstances that led to the significant matter and 12 related risk; 13 (c) review, or order an administrator to review and report 14 back on, any treatment plans relevant to the significant 15 matter or related risk or a possible similar matter or risk 16 that might arise in the future; 17 (d) review any guidelines, policies and protocols about the 18 use of limited community treatment; 19 (e) take any other action necessary to prevent a similar 20 significant matter and related risk from arising again. 21 `(3) A reference in subsection (2)(a) to limited community 22 treatment includes limited community treatment ordered or 23 approved by the Mental Health Court or the tribunal. 24 `493AF What director's order must contain 25 `(1) Subsection (2) applies if the director makes an order under 26 section 493AE(2)(a) in relation to a relevant patient or 27 relevant patients. 28 `(2) The director's order must include the following-- 29 (a) if the order relates to a particular relevant patient--the 30 name of the patient; 31 Page 38

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 73] (b) if the order relates to a class of relevant 1 patient--sufficient detail to identify the class of patient 2 to which the order applies; 3 Examples of classes of relevant patient for paragraph (b)-- 4 1 all forensic patients in an in-patient facility within an 5 authorised mental health service 6 2 all forensic patients on limited community treatment who 7 have been in the community for less than 3 months 8 3 all classified patients treated by a stated psychiatrist 9 (c) the period of the suspension of limited community 10 treatment; 11 (d) if the order to suspend limited community treatment will 12 require a relevant patient or class of relevant patient to 13 return to an authorised mental health service--the name 14 of the service and the time or date by which the patient 15 must return to the service. 16 `(3) For subsection (2)(d), the order may state an authorised 17 mental health service other than the service in which the 18 patient is usually detained. 19 `493AG Director may vary period of order or end the order 20 `The director may, for an order under section 493AE(2)(a), at 21 any time before the period of the order ends-- 22 (a) extend the period of the order if the director reasonably 23 believes the significant matter or related risk still exists; 24 or 25 (b) end the order. 26 `493AH Appeal against director's order to suspend limited 27 community treatment 28 `(1) A patient to whom a director's order to suspend limited 29 community treatment applies may appeal to the tribunal 30 against the order on the ground that the director incorrectly 31 decided that-- 32 Page 39

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 73] (a) there was a significant matter and related risk; or 1 (b) the patient was a patient of the class to which the order 2 applied. 3 `(2) If the tribunal decides that the director incorrectly decided that 4 there was a significant matter and related risk, the tribunal 5 must set aside the order. 6 `(3) If the tribunal decides that the director incorrectly decided that 7 the patient was a patient of the class to which the order 8 applied, the tribunal-- 9 (a) must order that the director's order does not apply to the 10 patient; and 11 (b) may amend the order to more appropriately describe the 12 class of patients to which the order applies or set aside 13 the order. 14 `493AI Persons to whom tribunal must give a copy of its 15 decision 16 `The tribunal must give a copy of its decision for an appeal 17 under section 493AH to the following-- 18 (a) the parties to the appeal; 19 (b) the allied person of the patient who appealed against the 20 order; 21 (c) the administrator of the patient's treating health service; 22 (d) if the appeal relates to a young patient in the custody of 23 the chief executive under the Child Protection Act 24 1999--the chief executive under that Act. 25 `493AJ Decision to be given effect 26 `The director and the administrator of the patient's treating 27 health service must ensure the tribunal's decision is given 28 effect.'. 29 Page 40

 


 

Queensland Mental Health Commission Bill 2012 Part 9 Amendment of Mental Health Act 2000 [s 74] 74 Amendment of s 508 (Taking patient to authorised mental 1 health service) 2 Section 508(1)-- 3 insert-- 4 `(d) a patient who has to return to an authorised mental 5 health service because of an order of the director under 6 section 493AE(2)(a).'. 7 75 Amendment of s 526 (Publication of information 8 disclosing identity of parties to proceedings) 9 Section 526-- 10 insert-- 11 `(3) However, a person does not commit an offence by publishing 12 information mentioned in subsection (1) or (2) if the director 13 has, in writing, authorised the publication. 14 `(4) The director may authorise the publication only if the director 15 believes, on reasonable grounds-- 16 (a) the publication is necessary to assist in lessening or 17 preventing a serious risk to-- 18 (i) the life, health or safety of a person, including the 19 person to whom the information relates; or 20 (ii) public safety; or 21 (b) the publication is in the public interest.'. 22 76 Amendment of s 536 (Protection of officials from liability) 23 Section 536(3), definition official, paragraph (a), before `the 24 director'-- 25 insert-- 26 `the Minister,'. 27 Page 41

 


 

Queensland Mental Health Commission Bill 2012 Part 10 Amendment of Public Service Act 2008 [s 77] 77 Amendment of schedule (Dictionary) 1 (1) Schedule-- 2 insert-- 3 `monitoring condition see section 131A(3). 4 related risk see section 493AC(1)(b). 5 relevant patient means any of the following-- 6 (a) a classified patient; 7 (b) a forensic patient; 8 (c) a patient for whom the Mental Health Court has made 9 an order under section 273(1)(b). 10 significant matter see section 493AC(1)(a).'. 11 (2) Schedule, definition party-- 12 insert-- 13 `(ba) for an appeal under section 493AH against an order of 14 the director to suspend limited community treatment for 15 a patient--the appellant or the director; or'. 16 Part 10 Amendment of Public Service 17 Act 2008 18 78 Act amended 19 This part amends the Public Service Act 2008. 20 79 Amendment of sch 1 (Public service offices and their 21 heads) 22 Schedule 1-- 23 Page 42

 


 

Queensland Mental Health Commission Bill 2012 Part 10 Amendment of Public Service Act 2008 [s 79] insert-- 1 `Queensland Mental Health Commission commissioner under the Queensland Mental Health Commission Act 2012'. Page 43

 


 

Queensland Mental Health Commission Bill 2012 Schedule Schedule Dictionary 1 section 6 2 annual report means the annual report prepared under the 3 Financial Accountability Act 2009, section 63. 4 commission means the Queensland Mental Health 5 Commission established under section 8. 6 commissioner means the Mental Health Commissioner 7 appointed under section 15. 8 council means the Queensland Mental Health and Drug 9 Advisory Council established under section 37. 10 human service means a service other than a mental health or 11 substance misuse service. 12 human service agency means a department or government 13 agency or publicly funded non-government agency that 14 delivers human services that affect relevant persons or 15 vulnerable persons. 16 Examples of human services delivered-- 17 public housing 18 child safety services 19 disability services 20 emergency services 21 law enforcement 22 mental health and substance misuse system means the 23 network of policies, services and programs across human 24 service agencies, service delivery agencies and the private 25 sector that involve-- 26 (a) the provision of mental health or substance misuse 27 services; and 28 (b) the provision of support or respite services to families, 29 carers and support persons of people with mental illness 30 or who misuse substances; and 31 Page 44

 


 

Queensland Mental Health Commission Bill 2012 Schedule (c) the provision of human services that affect people with 1 mental health or substance misuse issues; and 2 (d) the provision of mental health and substance misuse 3 services and human services that affect vulnerable 4 persons. 5 mental health service means a specialised clinical, 6 non-clinical or rehabilitation service for the purpose of-- 7 (a) providing treatment and facilitating the recovery of 8 people living with mental illness; or 9 (b) delivering improved support for the families and carers 10 of people living with mental illness. 11 ordinary report means a report prepared by the commission 12 under section 29. 13 relevant agency means a human service agency or service 14 delivery agency. 15 relevant persons means people with mental health or 16 substance misuse issues, and their families, carers and support 17 persons. 18 relevant service means a mental health service, substance 19 misuse service or human service. 20 service delivery agency means the following to the extent they 21 are involved in the provision of mental health or substance 22 misuse services-- 23 (a) a department or government agency; 24 (b) a publicly funded non-government agency. 25 special report means a report prepared by the commission 26 under section 28. 27 substance misuse includes the improper use any of the 28 following-- 29 (a) alcohol; 30 (b) tobacco in so far as its improper use results in changes 31 in perception, mood, consciousness, cognition and 32 behaviour; 33 Page 45

 


 

Queensland Mental Health Commission Bill 2012 Schedule (c) illegal drugs; 1 (d) pharmaceutical and other substances that alter brain 2 function, resulting in changes in perception, mood, 3 consciousness, cognition and behaviour. 4 substance misuse service means a program or service for the 5 purpose of detoxification, treatment or other related harm 6 minimisation services for people who misuse substances. 7 vulnerable persons means people who are vulnerable to, or 8 otherwise at significant risk of, developing mental health or 9 substance misuse issues. 10 whole-of-government strategic plan see section 7. 11 State of Queensland 2012 Page 46

 


 

AMENDMENTS TO BILL

Queensland Mental Health Commission Bill 2012 Queensland Mental Health Commission Bill 2012 Amendments agreed to during Consideration 1 Clause 63 (Amendment of s 191 (Decisions on review)) Page 33, line 3, `Section'-- omit, insert-- (1) Section 2 Clause 63 (Amendment of s 191 (Decisions on review)) Page 33, after line 7-- insert-- (2) Section 191(3), `subsection (2)'-- omit, insert-- subsection (2)(a) to (c) State of Queensland 2013 Authorised by the Parliamentary Counsel

 


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