Queensland Numbered Acts Queensland Numbered Acts(1) Schedule 2, definitions forensic order, forensic order (Mental Health Court), forensic patient information, forensic patient information order, hearing, mechanical restraint, party and seclusion—
omit.
(2) Schedule 2—
insert—
'chief executive (forensic disability) means the chief executive of the department in which the Forensic Disability Act 2011 is administered.
director (forensic disability) means the director under the Forensic Disability Act.
Forensic Disability Act means the Forensic Disability Act 2011.
forensic disability client see the Forensic Disability Act, section 10.
forensic disability service means the forensic disability service under the Forensic Disability Act.
forensic information, for chapter 7A, part 2, see section 318M.
forensic information order see section 318O(1).
forensic order means—
(a) a forensic order (Criminal Code); or
(b) a forensic order (Mental Health Court); or
(c) a forensic order (Mental Health Court—Disability); or
(d) a forensic order (Minister).
forensic order (Mental Health Court) see section 288(2) and (3).
forensic order (Mental Health Court—Disability) see section 288(2) and (3).
hearing, means—
(a) for the tribunal—
(i) the hearing for a review, treatment application or application for a forensic information order; or
(ii) the hearing of an application for approval for a patient to move out of Queensland; or
(iii) the hearing of an appeal against a decision to exclude a visitor from an authorised mental health service; or
(iv) the hearing of an appeal against a decision to refuse to allow a person to visit a forensic disability client in the forensic disability service; or
(v) the hearing of an application for a transfer order; or
(vi) the hearing of an application for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service; or
(b) for the Mental Health Court—
(i) the hearing of an appeal against a decision of the tribunal under chapter 5, part 1, division 2A for a transfer order for a patient; or
(ii) the hearing of an appeal against a review decision or a treatment application; or
(iii) the hearing of a reference or withdrawal of a reference; or
(iv) the hearing of an application under section 607 to change a patient's forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability).
intellectual disability includes a cognitive disability.
mechanical restraint see section 162A.
party means—
(a) for an appeal to the tribunal against a decision of the administrator of an authorised mental health service under chapter 10, part 4 to refuse to allow a person to visit a patient in the health service—the appellant or the administrator of the health service; or
(b) for an appeal to the tribunal against a decision of the administrator of the forensic disability service under the Forensic Disability Act to refuse to allow a person to visit a forensic disability client in that service—the appellant or the administrator of that service; or
(c) for another proceeding in the tribunal—a person who, under chapter 12, part 4, has a right to appear in person at the hearing of the proceeding, regardless of whether the person appears or is represented at the hearing; or
(d) for a proceeding in the Mental Health Court on an appeal against a review decision, a decision on a treatment application, a decision under chapter 5, part 1, division 2A for a transfer order for a patient or a decision on an application under that part, division 3 for approval that a patient move out of Queensland—
(i) a party to the proceeding in the tribunal for the review or application; or
(ii) the director, if the director is the appellant or elects to become a party to the proceeding; or
(e) for a proceeding in the Mental Health Court on an appeal against a decision on an application under chapter 5, part 1, division 2A for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service—
(i) a party to the proceeding in the tribunal for the application; or
(ii) the director, if the director is the appellant or elects to become a party to the proceeding; or
(iii) the director (forensic disability), if that director elects to become a party to the proceeding; or
(f) for a proceeding in the Mental Health Court on a reference not mentioned in paragraph (g)—
(i) the person the subject of the reference; or
(ii) the director; or
(iii) the director of public prosecutions; or
(g) for a proceeding in the Mental Health Court on a reference about a person who has an intellectual disability—
(i) the person the subject of the reference; or
(ii) the director, if the director elects to become a party to the proceeding; or
(iii) the director (forensic disability), if that director elects to become a party to the proceeding; or
(iv) the director of public prosecutions; or
(h) for a proceeding in the Mental Health Court on an application to withdraw a reference—the parties to the proceeding for the reference; or
(i) for a proceeding in the Mental Health Court on an application to inquire into a patient's detention in an authorised mental health service—
(i) the patient; or
(ii) the applicant; or
(iii) the director; or
(j) for a proceeding in the Mental Health Court on an application to inquire into a forensic disability client's detention in the forensic disability service—
(i) the forensic disability client; or
(ii) the applicant; or
(iii) the director (forensic disability); or
(k) for a proceeding in the Mental Health Court on an application under section 607 to change a person's forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability)—
(i) the person to whom the existing forensic order relates, or someone else on behalf of the person; or
(ii) the director; or
(iii) the director (forensic disability); or
(iv) the director and the director (forensic disability) acting jointly; or
(v) the Attorney-General.
prosecuting authority, for an offence, means the commissioner of the police service, director of public prosecutions or other entity responsible for prosecuting the proceeding for the offence.
seclusion see section 162J.
transfer order, other than in sections 126, 165 and 166, means an order made by—
(a) the director under section 169A or 602; or
(b) the tribunal or the Mental Health Court;
for the transfer of a patient from an authorised mental health service to the forensic disability service.'.
(3) Schedule 3, definition brief of evidence, paragraph (a), 'commissioner of the police service or director of public prosecutions'—
omit, insert—
'prosecuting authority'.
(4) Schedule 2, definition care, after 'rehabilitation,'—
insert—
'habilitation,'.
(5) Schedule 2, definition less restrictive, 'or treatment'—
omit, insert—
', treatment or care'.
(6) Schedule 2, definition limited community treatment, 'rehabilitation'—
omit, insert—
'care'.