Queensland Numbered Acts

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FORENSIC DISABILITY ACT 2011 No. 13 - SECT 227

227 Amendment of s 204 (Restrictions on review decisions)

Section 204—

insert—

'(5) In deciding whether to make an order under section 203(2)(e), the tribunal must have regard to the following—

(a) whether the patient has an intellectual or cognitive disability within the meaning of the Forensic Disability Act but does not require involuntary treatment for a mental illness under this Act;
(b) whether the patient is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.

'(6) Also, the tribunal must not make an order for a patient under section 203(2)(e) unless a certificate given to the tribunal under section 204A states that the forensic disability service has the capacity for the patient's detention and care.

'(7) In this section—

benefit means benefit by way of individual development and opportunities for quality of life and participation and inclusion in the community.'.



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