Queensland Numbered Acts

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           Part 1--Introduction

   1.      Short title
   2.      Commencement
           Part 2--Purpose and application of Act
   3.      Purpose
   4.      How purpose is to be achieved
   5.      Act binds all persons
   6.      Application of Act
           Part 3--Principles for administration of Act
   7.      General principles
   8.      Principles for exercising powers and performing functions
           Part 4--Interpretation
   9.      Definitions
   10.     Who is a forensic disability client
   11.     What is a cognitive disability
   12.     What is an intellectual disability

           Part 1--Individual development plans

   13.     What is an individual development plan
   14.     Preparing plan for client
   15.     Content of plan
   16.     Senior practitioner must tell client about plan
   17.     Changing plan
   18.     Care and support under plan
   19.     Regular assessment of client
           Part 2--Limited community treatment
   20.     Authorising limited community treatment
   21.     Limited community treatment on order of tribunal or Mental Health Court
   22.     What individual development plan must state about limited community treatment


   23.     Who is an allied person
   24.     Function of allied person
   25.     Client may choose allied person
   26.     Who is allied person if client does not have capacity to choose
   27.     When choice of allied person ends
   28.     Administrator to give notice of applicable forensic order to allied person

           Part 1--Statement of rights

   29.     Preparing statement of rights
   30.     Giving statement of rights to client and allied person
   31.     Notice of rights
           Part 2--Rights of persons other than forensic disability service employees to visit client etc.
   32.     Visiting and assessing client and consulting about client's care and support

           Part 1--Transfer

   33.     Transfer from forensic disability service to authorised mental health service
   34.     Transfer if detained temporarily in authorised mental health service
   35.     Director to give notice of transfer order to tribunal and others
   36.     Administrator to give notice of transfer order to client and allied person
   37.     Taking client to authorised mental health service if transferred
   38.     Giving information about client for facilitating transfer and care and support
   39.     Continuation of existing forensic order
   40.     Continuation of matters under applied provisions for client transferred to authorised mental health service
           Part 2--Temporary absence
   41.     Absence of client with director's approval

           Part 1--Preliminary

   42.     Purpose of ch 6
   43.     Definitions for ch 6
   44.     Meaning of behaviour control medication
   45.     Meaning of restraint
   46.     Meaning of seclusion
   47.     Relationship with Disability Services Act
   48.     Relationship with Guardianship and Administration Act
           Part 2--Behaviour control
           Division 1--Behaviour control medication
   49.     Offence to administer behaviour control medication
   50.     Use of behaviour control medication
   51.     Obligations of senior practitioner
   52.     Review of client's behaviour control medication
   53.     Consent of client not required
           Division 2--Restraint
   54.     Offence to use restraint
   55.     Approval of appliances for restraint
   56.     Authorisation of use of restraint
   57.     Obligations of senior practitioner and authorised practitioner
   58.     Removal of restraint before authorisation ends
   59.     Consent of client not required
           Division 3--Seclusion
   60.     Offence to keep client in seclusion
   61.     When client may be placed in seclusion
   62.     How authorisation of seclusion is given
   63.     Obligations of senior practitioner and authorised practitioner
   64.     Other obligations if authorised practitioner places client in seclusion in urgent circumstances
   65.     When authorised practitioner may end seclusion or return client to seclusion
   66.     Ending seclusion on director's order
   67.     Consent of client not required
           Division 4--Other provisions about regulated behaviour controls
   68.     Use of reasonable force
   69.     Ensuring client's reasonable needs are met while subject to a regulated behaviour control
   70.     Observation of client while restrained or secluded
   71.     Administrator must notify director about prescription of fixed dose behaviour control medication
   72.     Administrator must notify director about use of other regulated behaviour controls
   73.     What individual development plan must state about regulated behaviour controls
   74.     Register of use of regulated behaviour controls

           Part 1--Searching forensic disability clients and possessions

   75.     Purpose of pt 1
   76.     Authority to search
   77.     Carrying out search
   78.     Seizure of things
   79.     What happens to thing seized
   80.     Record of search
   81.     Compensation for damage to possessions
           Part 2--Excluding visitors
   82.     Administrator may refuse to allow a person to visit a client
   83.     Who may appeal
   84.     Procedure for appeal

           Part 1--Director of Forensic Disability

   85.     Appointment
   86.     Duration of appointment
   87.     Functions
   88.     Powers—general
   89.     Independence of director
   90.     Delegation of director's powers
   91.     Policies and procedures about detention, care and support of clients
   92.     Giving information about client to director (mental health) or nominee
   93.     Annual report
   94.     Acting director
           Part 2--Forensic disability service and administrator
   95.     Declaration of forensic disability service
   96.     Declaration of administrator of forensic disability service
   97.     Delegation of administrator's powers
   98.     Administrator's obligation to ensure forensic order is given effect
   99.     Administrator's obligation to ensure policies and procedures are given effect
   100.    Acting administrator
           Part 3--Practitioners
   101.    Appointment of senior practitioners and authorised practitioners by administrator
   102.    Appointment of administrator as a senior practitioner
   103.    Powers of senior practitioners and authorised practitioners
   104.    Appointment of other persons to perform the role of a practitioner
   105.    Register of practitioners and other persons
           Part 4--Authorised officers
   106.    Appointment of authorised officers
   107.    Appointment conditions and limit on powers
   108.    Approval of identity cards
   109.    When authorised officer ceases to hold office
   110.    Resignation
   111.    Powers

           Part 1--Return of forensic disability clients to forensic disability service for care and support

   112.    Senior practitioner may require return of client
   113.    Taking client to forensic disability service or authorised mental health service
           Part 2--Entry of places
   114.    Application of pt 2
   115.    Entry of places
           Part 3--Offences
   116.    Offences relating to ill-treatment
   117.    Offences relating to forensic disability clients absconding
   118.    Other offences relating to absence of forensic disability clients
   119.    Obstruction of official
   120.    False or misleading documents
           Part 4--Confidentiality
   121.    Confidentiality of information—allied persons
   122.    Confidentiality of information—other persons
   123.    Disclosure of confidential information
           Part 5--Investigations
   124.    Authorised officer may visit forensic disability service
   125.    Authorised officer may require production of documents etc.
           Part 6--Evidence and legal proceedings
   126.    Evidentiary provisions
   127.    Proceedings for offences
   128.    Protection of officials from liability

           Part 1--Applied provisions

   129.    Applications for tribunal order for transfer of client to authorised mental health service
   130.    Applications for tribunal approval for client to move out of Queensland
   131.    Reviews by tribunal
   132.    Tribunal's decision to be given effect
   133.    Examinations, references and orders for clients charged with offences
   134.    Forensic information orders
   135.    Appeals against tribunal decisions
   136.    Appeals against Mental Health Court decisions on references
   137.    Inquiries into detention of clients in forensic disability service
   138.    Participation and representation at tribunal hearings
           Part 2--Facilitation of application of applied provisions
   139.    Application of applied provisions
           Part 3--Declaration about other Mental Health Act provisions
   140.    Operation of provision other than applied provision or excluded provision


   141.    Review by director
   142.    Transfer from forensic disability service to authorised mental health service

           Part 1--Other provisions about administration or use of medication

   143.    Definition for pt 1
   144.    Administration of medication for particular purposes
   145.    Review of client's medication
           Part 2--Compliance with particular provisions
   146.    Compliance with provisions as soon as practicable
   147.    Compliance with provisions to extent reasonably practicable
   148.    Administrator taken to have complied with particular requirements
   149.    Director taken to have complied with particular requirements
           Part 3--Other provisions
   150.    Legal custody of client
   151.    Taking client to appear before court and return to forensic disability service
   152.    Care of client detained temporarily in authorised mental health service
   153.    Official to identify himself or herself before exercising powers
   154.    Ensuring client understands things told or explained to the client
   155.    Use of reasonable force
   156.    Period counted as imprisonment
   157.    Review of Act
   158.    Approved forms
   159.    Regulation-making power


   160.    Initial director

           Part 1--Amendment of Bail Act 1980

   161.    Act amended
   162.    Amendment of s 21 (Sureties)
           Part 2--Amendment of Commissions of Inquiry Act 1950
   163.    Act amended
   164.    Amendment of s 5B (Attendance of prisoner or patient before commission)
           Part 3--Amendment of Coroners Act 2003
   165.    Act amended
   166.    Amendment of s 9 (Death in care defined)
   167.    Amendment of s 10 (Death in custody defined)
   168.    Amendment of s 47 (Coroner's comments and findings for particular deaths)
           Part 4--Amendment of Crime and Misconduct Act 2001
   169.    Act amended
   170.    Amendment of s 83 (Notice to attend hearing—prisoner or patient)
           Part 5--Amendment of Criminal Code
   171.    Code amended
   172.    Amendment of s 145A (Sections 141 to 144 do not apply to certain types of custody)
   173.    Amendment of s 227C (Persons who are not criminally responsible for offences against ss 227A and 227B)
           174. Amendment of s 266 (Prevention of crimes and offences for which an offender may be arrested without warrant—prevention of violence by patients under Mental Health Act 2000)
   175.    Amendment of s 358 (Unlawful custody of patient under Mental Health Act 2000)
           Part 6--Amendment of Criminal Practice Rules 1999
   176.    Rules amended
   177.    Amendment of sch 3 (Forms for indictments, informations and complaints—statement of offences under the Code)
           Part 7--Amendment of Disability Services Act 2006
   178.    Act amended
   179.    Amendment of s 123B (Service providers to which pt 10A applies)
   180.    Amendment of s 123E (Definitions for pt 10A)
   181.    Amendment of s 123Q (Chief executive to decide whether multidisciplinary assessment of adult will be conducted)
   182.    Amendment of s 123T (Participation of psychiatrist in development of plan—adult subject to forensic order or involuntary treatment order)
   183.    Amendment of s 123X (Requirements for chief executive's decision about whether change should be made)
   184.    Amendment of s 123Y (Action of chief executive after deciding whether change should be made)
   185.    Amendment of s 123ZF (Requirements for development of positive behaviour support plan—assessment and consultation)
   186.    Amendment of s 123ZH (Requirement for relevant service provider to consider whether plan should be changed)
   187.    Amendment of s 123ZI (Requirement for relevant service provider to notify guardian)
   188.    Amendment of s 123ZJ (Requirement for relevant service provider to notify director of mental health)
   189.    Amendment of s 123ZK (Short term approval for use of restrictive practices other than containment or seclusion)
   190.    Amendment of sch 7 (Dictionary)
           Part 8--Amendment of Guardianship and Administration Act 2000
   191.    Act amended
   192.    Amendment of s 29 (Other review of appointment)
   193.    Amendment of s 80U (Definitions for ch 5B)
   194.    Amendment of s 80W (Matters tribunal must consider)
   195.    Amendment of s 80ZA (When containment or seclusion approval may be reviewed)
   196.    Amendment of s 80ZE (Requirements for giving consent—guardian for restrictive practice (general) matter)
   197.    Amendment of s 80ZH (When adult guardian may give short term approval for use of containment or seclusion)
   198.    Amendment of s 80ZP (Who may apply for appointment of guardian for restrictive practice matter)
   199.    Amendment of s 80ZQ (Who is an active party)
   200.    Amendment of s 80ZS (Requirements for informal decision makers—consenting to use of restrictive practices)
   201.    Amendment of s 118 (Tribunal advises persons concerned of hearing)
   202.    Amendment of s 222 (Definitions for ch 10)
   203.    Amendment of s 230 (Reports by community visitors)
   204.    Amendment of s 231 (Appointment)
           205. Insertion of new ch 12, pt 12
   206.    Amendment of sch 4 (Dictionary)
           Part 9--Amendment of Guardianship and Administration Regulation 2000
   207.    Regulation amended
   208.    Amendment of sch 2 (Visitable sites)
           Part 10--Amendment of Limitation of Actions Act 1974
   209.    Act amended
   210.    Amendment of s 5 (Interpretation)
           Part 11--Amendment of Mental Health Act 2000
   211.    Act amended
   212.    Amendment of s 8 (General principles for administration of Act)
   213.    Amendment of s 9 (Principles for exercising powers and performing functions)
   214.    Amendment of s 124 (Preparing treatment plan)
   215.    Amendment of s 131 (What treatment plan must state for limited community treatment)
   216.    Amendment of s 141 (Meaning of mechanical restraint for div 3)
   217.    Insertion of new s 141A
           218. Amendment of s 144 (How authorisation is given)
   219.    Insertion of new s 144A
           220. Replacement of ss 146 and 147
           221. Amendment of s 153 (Seclusion authorised by doctor)
   222.    Replacement of s 160 (Director may require reports about seclusions)
   223.    Omission of s 164 (Administration of medication while being moved in an authorised mental health service)
   224.    Insertion of new ch 5, pt 1, divs 2A and 2B
   225.    Amendment of s 203 (Decisions on review)
   226.    Amendment of s 203A (Tribunal may order examination etc.)
   227.    Amendment of s 204 (Restrictions on review decisions)
   228.    Insertion of new s 204A
           229. Amendment of s 257 (Reference to Mental Health Court)
   230.    Replacement of s 288 (Mental Health Court may make forensic order)
   231.    Amendment of s 288A (Effect of new forensic order on existing forensic order)
   232.    Replacement of ch 7, pt 7, div 2, sdiv 4, hdg (Miscellaneous provisions)
   233.    Amendment of s 306 (Administrator to give notice of forensic order to patient's allied person)
   234.    Amendment of s 309A (Policies and practice guidelines about treatment and care of forensic patients etc.)
   235.    Insertion of new ch 7, pt 7, div 3, sdiv 2
   236.    Amendment of s 318O (Tribunal may make forensic patient information order)
   237.    Amendment of s 319 (Decisions to which part applies)
   238.    Amendment of s 325 (Appeal powers)
   239.    Amendment of s 383 (Jurisdiction)
           240. Amendment of s 389 (Functions)
           241. Amendment of s 400 (Registrar's power to require production of documents)
   242.    Amendment of s 401 (Registrar's power to require person to be brought before Mental Health Court)
   243.    Amendment of s 410 (Appointment of assistants)
   244.    Amendment of s 437 (Jurisdiction)
           245. Amendment of s 440 (Appointment of members)
   246.    Amendment of s 447 (Members constituting tribunal for hearings)
   247.    Amendment of s 448 (When tribunal may be constituted by less than 3 members)
   248.    Insertion of new s 451A
           249. Amendment of s 462 (Appointment of assistants)
   250.    Insertion of new s 493B
           251. Amendment of s 518 (Offences relating to ill-treatment)
   252.    Amendment of s 519 (Offences relating to patients in custody absconding)
   253.    Insertion of new ss 541A and 541B
           254. Insertion of new ch 16, pt 5
   255.    Amendment of sch 2 (Dictionary)
           Part 12--Amendment of Police Powers and Responsibilities Act 2000
   256.    Act amended
   257.    Amendment of sch 1 (Acts not affected by this Act)
           Part 13--Amendment of Powers of Attorney Act 1998
   258.    Act amended
   259.    Insertion of new s 37A
           Part 14--Amendment of Queensland Civil and Administrative Tribunal Act 2009
   260.    Act amended
   261.    Insertion of new ch 10
           Part 15--Amendment of Queensland Civil and Administrative Tribunal Rules 2009
   262.    Rules amended
   263.    Amendment of r 21 (Alternative notice requirements for proceedings about persons with impaired capacity etc.)
           Part 16--Amendment of Residential Services (Accreditation) Act 2002
   264.    Act amended
   265.    Amendment of s 4 (Meaning of residential service)
           Part 17--Amendment of Residential Tenancies and Rooming Accommodation Act 2008
   266.    Act amended
   267.    Amendment of s 44 (Rooming accommodation agreements to which Act does not apply)
           Part 18--Amendment of Supreme Court of Queensland Act 1991
   268.    Act amended
   269.    Insertion of new s 141


   270.    Legislation amended
           Part 1--Amendment of this Act
           Part 2--Amendment of other legislation

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