Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 209

209 Amendment of treatment authority to change category, limited community treatment or conditions

(1) An authorised doctor may amend the patient’s treatment authority under this section in any of the following ways—

(a) to change the category of the authority;

(b) to authorise or revoke, or change the nature or extent of, limited community treatment;

(c) to impose a condition on, or change a condition of, the authority.

(2) However, the authorised doctor may change the category of the authority to inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the patient, that 1 or more of the following can not reasonably be met if the category of the authority is community—

(a) the patient’s treatment and care needs;

(b) the safety and welfare of the patient;

(c) the safety of others.

(3) Also, the authorised doctor may make the amendment only if satisfied the amendment is appropriate having regard to—

(a) the relevant circumstances of the patient; and

(b) for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment.

(4) The amendment must not change a condition decided by the tribunal, or be contrary to a decision of the tribunal under section 424 or 425 .

(5) If limited community treatment is authorised under this section, the patient’s treatment authority must state—

(a) the nature and conditions of the limited community treatment; and

(b) the period, of not more than 7 consecutive days, for which limited community treatment is authorised; and

(c) the duration for which the authorisation is in force.

Example for paragraphs (b) and (c)—

limited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks

(6) The authorised doctor must tell the patient of any proposed amendment of the patient’s treatment authority and explain the effect of the amendment to the patient.

(7) This section does not apply if the patient is a classified patient.

Note—

See part 6 in relation to classified patients.