Queensland Numbered Acts Queensland Numbered ActsChapter 16—
insert—
'(1) This section applies to a patient who, at the commencement, is subject to a forensic order (Mental Health Court) for the patient's detention in an authorised mental health service.
'(2) Within 6 months after the commencement, the director may, by written order, transfer the patient from the authorised mental health service to the forensic disability service if—
(a) the director is satisfied the transfer is in the patient's best interests; and
(b) the director (forensic disability) agrees to the transfer.
'(3) Chapter 5, part 1, division 2A, subdivision 3 and section 169M apply in relation to the transfer.
Note—
Chapter 5, part 1, division 2A, subdivision 3 provides for taking the patient to the forensic disability service, giving information for facilitating the patient's transfer and care and administering medication to the patient, and section 169M provides for the continuation of matters under particular provisions.
'(4) In this section—
commencement means the commencement of this section.
'Within 7 days after making the transfer order, the director must give written notice of the order to each of the following—
(a) the tribunal;
(b) the administrator of the patient's treating health service;
(c) if any proceeding involving the patient has started but not finished—each entity the director considers has a sufficient interest in the proceeding.
Example—
the Mental Health Court, the director of public prosecutions or other prosecuting agency
'The administrator of the patient's treating health service must give notice of the transfer order to—
(a) the patient; and
(b) the patient's allied person.
'(1) On the admission of the patient to the forensic disability service under the transfer order, the patient's existing forensic order—
(a) applies to the patient, as a forensic disability client, as if it were a forensic order (Mental Health Court—Disability) for the patient's detention in the forensic disability service; and
(b) is to be read, or continued in force, with the changes necessary—
(a) to make it consistent with the Forensic Disability Act; and
(b) to adapt its operation to that Act.
'(2) Subsection (1) does not affect a power of the tribunal or Mental Health Court in relation to the existing forensic order.
'(3) Without limiting subsection (2), the tribunal may carry out a review and make a decision about the existing forensic order under chapter 6, part 3.
'(4) Subsection (1) stops applying in relation to the patient, as a forensic disability client, when whichever of the following happens first—
(a) the period of 1 year starting on the day the patient is admitted to the forensic disability service under the transfer order ends;
(b) the Mental Health Court makes an order changing the existing forensic order under division 2.
'(5) In this section—
existing forensic order means the forensic order (Mental Health Court) that was in force for the patient immediately before the patient's admission to the forensic disability service under the transfer order.
In this division—
commencement means the commencement of this section.
existing forensic order, for a person, means a forensic order (Mental Health Court) in force, immediately before the commencement, for the person's detention in an authorised mental health service.
'(1) This section applies if, immediately before the commencement, a person was subject to an existing forensic order.
'(2) An application to the Mental Health Court for an order changing the existing forensic order to a forensic order (Mental Health Court—Disability) may be made by any of the following—
(a) the person to whom the existing forensic order relates, or someone else on behalf of the person;
(b) the director;
(c) the director (forensic disability);
(d) the director and the director (forensic disability) acting jointly.
'(3) The application—
(a) must be in writing; and
(b) must be accompanied by sufficient documentation to enable the court to decide the application.
Examples—
a multidisciplinary assessment of the person to whom the existing forensic order relates
any expert report previously submitted to the court in relation to the person
any current or proposed treatment plan, or individual development plan within the meaning of the Forensic Disability Act, for the person
any relevant psychiatrist's report for the person
'(4) Before deciding the application, the court must give each relevant person, other than the applicant, the following—
(a) a copy of the application;
(b) an invitation to the relevant person to make submissions in writing to the court within a reasonable time about the application.
'(5) However, for the person to whom the existing forensic order relates, the documents mentioned in subsection (4) must be given by the court to the director, who must then give them to the person.
'(6) The court is taken to have given the documents to the person to whom the existing forensic order relates if the court has given them to the director.
'(7) In this section—
relevant person means each of the following—
(a) the person to whom the existing forensic order relates;
(b) the director;
(c) the director (forensic disability);
(d) the Attorney-General.
'(1) In deciding the application, the Mental Health Court must consider whether the person's unsoundness of mind or unfitness for trial which resulted in the existing forensic order was a consequence of an intellectual disability.
'(2) The court may, by order—
(a) confirm the existing forensic order; or
(b) change the existing forensic order to a forensic order (Mental Health Court—Disability).
'(3) However, the court may make an order under subsection (2)(b) only if the court considers the person's unsoundness of mind or unfitness for trial was a consequence of an intellectual disability.
'(4) Subject to subsections (5) and (6), an order made under subsection (2)(b) must also state which of the following services the person is to be detained in for care—
(a) the forensic disability service;
(b) a stated authorised mental health service.
'(5) In deciding whether the person is to be detained in the forensic disability service for care, the court must have regard to the following—
(a) whether the person 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 person is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.
'(6) The court must not decide that the person be detained in the forensic disability service for care unless a certificate given to the court under section 288AA states that the forensic disability service has the capacity for the person's detention and care.
'(7) On the making of an order under subsection (2)(b), the existing forensic order is taken to be a forensic order (Mental Health Court—Disability).
'(8) To remove any doubt, it is declared that the court is not required to have regard to the matters mentioned in subsection (5)(a) and (b), or a certificate given to the court under section 288AA, in deciding whether to make an order under subsection (2).
'(9) This section does not limit the court's powers under section 288 or 289 in relation to—
(a) the existing forensic order; or
(b) the forensic order (Mental Health Court—Disability).
'(10) In this section—
benefit means benefit by way of individual development and opportunities for quality of life and participation and inclusion in the community.
'The registrar must give a copy of the Mental Health Court's decision to the following persons—
(a) the parties to the proceeding;
(b) the tribunal.
'(1) The relevant director must give written notice of the Mental Health Court's decision to the relevant administrator.
'(2) In this section—
relevant administrator means—
(a) if the person to whom the existing forensic order relates is a patient—the administrator of the patient's treating health service; or
(b) if the person to whom the existing forensic order relates is a forensic disability client—the administrator under the Forensic Disability Act.
relevant director means—
(a) if the person to whom the existing forensic order relates is a patient—the director; or
(b) if the person to whom the existing forensic order relates is a forensic disability client—the director (forensic disability).
'If there is an inconsistency between the existing forensic order and that order as changed under section 608, that order as changed under section 608 prevails to the extent of the inconsistency.
'(1) The following persons may appeal to the Court of Appeal against a decision of the Mental Health Court under section 608—
(a) the person to whom the existing forensic order relates, or someone else on behalf of the person;
(b) the director;
(c) the director (forensic disability);
(d) the director and the director (forensic disability) acting jointly.
'(2) Sections 335, 336, 337(1), (2), (4) and (7) and 338 apply for the appeal.
'(1) During the transitional period, section 305A is taken always to have applied in relation to a forensic patient as if the Forensic Disability Act 2011, section 232 had commenced on 28 February 2008 immediately after the commencement of the Mental Health and Other Legislation Amendment Act 2007, section 24.
'(2) In this section—
transitional period means the period—
(a) starting immediately after the commencement of the Mental Health and Other Legislation Amendment Act 2007, section 24; and
(b) ending at the end of the day before the commencement of the Forensic Disability Act 2011, section 232.
'A reference in any Act or document to forensic patient information is, if the context permits, taken to be a reference to forensic information.
'A reference in any Act or document to a forensic patient information order is, if the context permits, taken to be a reference to a forensic information order.
'An order made under section 318O(1) before the commencement of this section is taken to be a forensic information order.
'The amendment of the Mental Health Regulation 2002 by the Forensic Disability Act 2011 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.'.