Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 71

71 Custodian consent

(1) This section applies to a person in custody who—

(a) is subject to a recommendation for assessment; or

(b) is subject to a treatment authority, forensic order (mental health) or treatment support order; or

(c) consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.

(2) The custodian of the person in custody must, in the approved form, consent to the person being transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service—

(a) for a person mentioned in subsection (1) (a) —for assessment under chapter 2 , part 3 ; or

(b) for a person mentioned in subsection (1) (b) or (c) —to receive treatment and care for the person’s mental illness.

(3) However, subsection (2) does not apply if the custodian is satisfied that carrying out the assessment, or providing the treatment and care, would pose an unreasonable risk to the safety of the person or others having regard to the security requirements for the person.

(4) The approved form must state the particular authorised mental health service to which the person is to be transported for the assessment or the treatment and care.