Queensland Numbered Acts

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FORENSIC DISABILITY ACT 2011 No. 13 - SECT 113

113 Taking client to forensic disability service or authorised mental health service

(1) This section applies to—

(a) a client required by notice under section 112 to return to the forensic disability service; or
(b) a client for whom a temporary absence approval is revoked or the approved period of absence has ended; or
(c) a client whose period of limited community treatment has ended; or
(d) a client who has absconded from the charge of an authorised person mentioned in section 117(2); or
(e) a client who has absconded from detention in the forensic disability service; or
(f) a client whose period of detention in an authorised mental health service under the Mental Health Act, section 309B has ended.
Note—
The Mental Health Act, section 309B deals with forensic disability clients taken to an authorised mental health service under subsection (2)(b) or (4).

(2) A practitioner may take a client mentioned in any of subsection (1)(a) to (e) to—

(a) the forensic disability service; or
(b) an authorised mental health service if—
(i) it is not reasonably practicable to return the client to the forensic disability service; and
(ii) the director and the director (mental health) agree that the client be taken to an authorised mental health service for temporary detention under the Mental Health Act, section 309B.
Note—
See section 152 in relation to the detention and care and support of a client taken to an authorised mental health service under paragraph (b).

(3) A practitioner may take a client mentioned in subsection (1)(f) to—

(a) if the client is to be detained in the forensic disability service as mentioned in the Mental Health Act, section 309C(4)(b)(i)—the forensic disability service; or
(b) if the client is to undertake limited community treatment as mentioned in the Mental Health Act, section 309C(4)(b)(ii)—the place where the client is to undertake the limited community treatment.
Note for subsections (2) and (3)—
See section 155 for the use of reasonable force and section 144 for the administration of medication to the client.

(4) If it is not reasonably practicable for a practitioner to take a client to the forensic disability service, an authorised mental health service or a place for limited community treatment (each the relevant place) under subsection (2) or (3), a health practitioner may, if agreed between the director and the director (mental health), take the client to the relevant place.

(5) For the purpose of taking a client to the relevant place under subsection (4), a health practitioner may exercise a power, and has the obligations, under the Mental Health Act in relation to the client as if the client were a forensic patient being taken to an authorised mental health service.

(6) If asked by a practitioner or a health practitioner, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.

(7) For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000, section 16(3).

(8) Also, a police officer may detain the client.

Note—
For a police officer's entry and search powers, see the Police Powers and Responsibilities Act 2000, section 21 (General power to enter to arrest or detain someone or enforce warrant).

(9) In this section—

health practitioner means a health practitioner within the meaning of the Mental Health Act.



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