Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 623

623 Offences relating to patients unlawfully absent

(1) A person must not—

(a) induce, or knowingly help, a patient of an authorised mental health service or public sector health service facility to unlawfully absent himself or herself from the service or facility; or

(b) knowingly harbour a patient who is unlawfully absent from an authorised mental health service or public sector health service facility.

Penalty—

Maximum penalty—

(a) for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or

(b) otherwise—200 penalty units.

(2) Without limiting subsection (1) (b) , a patient mentioned in section 622 (1) is unlawfully absent from an authorised mental health service or public sector health service facility if the patient has absconded from the charge of a person mentioned in section 622 (2) .

(3) A person employed in an authorised mental health service or public sector health service facility must not wilfully allow a patient detained in the service or facility to unlawfully absent himself or herself from the service or facility.

Penalty—

Maximum penalty—

(a) for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or

(b) otherwise—200 penalty units.

(4) In this section—

"unlawfully" means without authority under this Act or other legal authority, justification or excuse.