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Queensland Mental Health Commission Bill 2012
Queensland Mental Health Commission Bill
2012
Explanatory Notes
FOR
Amendments to be Moved During
Consideration in Detail by the Honourable L
Springborg MP
Title of Bill
The Queensland Mental Health Commission Bill 2012.
Objectives of the Amendments
The Queensland Mental Health Commission Bill 2012 (the Bill) amends the Mental Health
Act 2000 (the Act) to enhance those measures under the Act that are designed to protect the
community. These measures are enhanced primarily by creating new mechanisms for the
management of patients who are subject to a forensic order, are a classified patient or subject
to a section 273(1)(b) order made by the Mental Health Court (defined as `relevant patients').
One of the new mechanisms within the Act will provide that under new section 131A, the
Director of Mental Health may require that a relevant patient be subject to a monitoring
condition while they are undertaking limited community treatment. For all forensic patients
and classified or section 273(1)(b) patients who are also on an involuntary treatment order, a
monitoring condition is to be reviewed by the Mental Health Review Tribunal every six
months, or on application.
The proposed amendment to section 191 of the Act clarifies the intention that regular reviews
by the Mental Health Review Tribunal will occur for classified and section 273(1)(b) order
patients who are also on an involuntary treatment order.
The proposed amendment does not change the intention of the amendments to the Act.
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Queensland Mental Health Commission Bill 2012
Achievement of the Objectives
The policy objectives of the proposed amendments will be achieved by amending section 191
of the Act to ensure that decisions of the Mental Health Review Tribunal in relation to
monitoring conditions apply to both classified patients and section 273(1)(b) order patients.
Alternative Ways of Achieving Policy Objectives
There are no alternative ways of achieving the policy objectives.
Estimated Cost for Government Implementation
The amendment will not incur any additional costs.
Consistency with Fundamental Legislative Principles
The amendment is consistent with fundamental legislative principles.
Consultation
The Department of the Premier and Cabinet has been consulted.
NOTES ON PROVISIONS
Amendment 1 amends clauses 33 of the Bill.
Clause 63 makes a consequential amendment to section 191 which sets out decisions the
Mental Health Review Tribunal may make when reviewing a patient for whom an
involuntary treatment order is in force. A monitoring condition applied by the Director of
Mental Health will be reviewed by the Tribunal for all classified and section 273(1)(b) order
patients who are also on an involuntary treatment order.
Currently however, the decisions of the Tribunal in relation to a monitoring condition is
negated for classified patients by subsection (3) which provides that a decision made by the
Tribunal under subsection (2) does not apply to classified patients.
It is intended to retain the existing amendment to section 191 and further amend subsection
(3) to omit the reference to `subsection (2)' and instead insert `subsection (2)(a) to (c)'.
This will ensure the policy intent of the amendment is achieved whereby a decision of the
Mental Health Review Tribunal to amend or revoke a monitoring condition applied by the
Director of Mental Health under section 131 will apply to both section 273(1)(b) order
patients and classified patients.
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