Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 638

638 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 1 or 2 assisting clinicians.

(3) However, subsection (2) does not apply to—

(a) a directions hearing; or

(b) a hearing that is only about a question of law.

(4) If the court is assisted by 2 assisting clinicians for a hearing, the assisting clinicians must be—

(a) for a hearing other than a hearing relating to a person who has an intellectual disability—2 psychiatrists; or

(b) for a hearing relating to a person who has an intellectual disability—

(i) 2 psychiatrists; or

(ii) 1 psychiatrist and 1 person with expertise in the care of persons who have an intellectual disability.

(5) If the court is assisted by 1 assisting clinician for a hearing, the assisting clinician must be—

(a) for a hearing other than a hearing relating to a person who has an intellectual disability—1 psychiatrist; or

(b) for a hearing relating to a person who has an intellectual disability—

(i) 1 psychiatrist; or

(ii) 1 person with expertise in the care of persons who have an intellectual disability.

(6) The president must decide, for a hearing other than a hearing mentioned in subsection (3) —

(a) whether the court is to be assisted by 1 or 2 assisting clinicians, and the assisting clinicians who are to assist the court; or

(b) if a hearing is adjourned under subsection (7) —whether the court is to be assisted by a second assisting clinician and, if so, the second assisting clinician who is to assist the court.

(7) If the court is assisted by 1 assisting clinician and the member constituting the court considers, because of the nature of the evidence or issues arising in the proceeding, that it would be beneficial for the court to be assisted by 2 assisting clinicians, the member may adjourn the hearing—

(a) if the member is the president—to decide the second assisting clinician for the hearing; or

(b) otherwise—to allow the president to decide whether the court should be assisted for the hearing by a second assisting clinician.