Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 829

829 When first periodic review under new Act must be conducted

(1) This section provides for when a periodic review must be conducted by the tribunal under the new Act, if the matter to be reviewed arose under the repealed Act.

(2) The first periodic review must be conducted under the new Act as follows—

	Type of review under new Act	Section of new Act under which first periodic review must be conducted	When first periodic review under new Act must be conducted
	Treatment authority taken to be made for person under s 815
	(a) if no corresponding review conducted under repealed Act	s 413(1)(a)	6 weeks after treatment authority was taken to be made
	(b) if 1 corresponding review conducted under repealed Act	s 413(1)(b)	6 months after last periodic review of corresponding matter under repealed Act was completed
	(c) if 2 corresponding reviews conducted under repealed Act	s 413(1)(c)	6 months after last periodic review of corresponding matter under repealed Act was completed
	(d) if 3 or more corresponding reviews conducted under repealed Act	s 413(1)(d)	12 months after last periodic review of corresponding matter under repealed Act was completed
	Detention of a minor in a high security unit (detention started before commencement)
	(a) if no corresponding review conducted under repealed Act	s 499(1)(a)	7 days after the detention started
	(b) if 1 or more corresponding reviews conducted under repealed Act	s 499(1)(b)	3 months after last periodic review of corresponding matter under repealed Act was completed
	Forensic order (mental health) or forensic order (disability) taken to have been made under s 836 or 837
	(a) if no corresponding review conducted under repealed Act	s 433(1)(a)	6 months after order taken to have been made
	(b) if 1 or more corresponding reviews conducted under repealed Act	s 433(1)(b)	6 months after last periodic review of corresponding matter under repealed Act was completed
	Person’s fitness for trial—relevant court decision or jury finding made before commencement
	(a) if no corresponding review conducted under repealed Act	s 486(1)(a)	3 months from the day of the relevant court decision or jury finding
	(b) if 1 or more corresponding reviews conducted under repealed Act	s 486(1)(b)	(a) during the year starting on the day of the relevant court decision or jury finding—3 months after last periodic review of corresponding matter under repealed Act was completed
			(b) after the period mentioned in paragraph (a)—6 months after last periodic review of corresponding matter under repealed Act was completed

(3) In this section—

"corresponding review" , under the repealed Act for a review under the new Act, means—

(a) for a review under the new Act of a treatment authority taken to be made for a person under section 815—a periodic review of the application of the treatment criteria to the person for whom an involuntary treatment order was in force under the repealed Act, chapter 6, part 1; or

(b) for a review under the new Act of the detention of a minor in a high security unit—a periodic review of the detention of a young patient in a high security unit for treatment or care under the repealed Act, chapter 6, part 2; or

(c) for a review under the new Act of a forensic order (mental health) or forensic order (disability) taken to be made for a person under section 836 or 837—a periodic review of the forensic patient’s mental condition under the repealed Act, chapter 6, part 3; or

(d) for a review under the new Act of a person’s fitness for trial—a periodic review of the person’s mental condition under the repealed Act, chapter 6, part 4.

"periodic review" , under the repealed Act, means a review under the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1)(a).

"relevant court decision or jury finding" , for a review of a person’s fitness for trial, means—

(a) the decision made by the Mental Health Court under the repealed Act that the person was unfit for trial and the unfitness for trial was not of a permanent nature; or

(b) the jury’s section 613 or 645 finding within the meaning of the repealed Act in relation to the person.