Queensland Numbered Acts

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FORENSIC DISABILITY ACT 2011 No. 13 - SECT 38

38 Giving information about client for facilitating transfer and care and support

(1) This section applies for facilitating—

(a) the transfer of a forensic disability client from the forensic disability service to an authorised mental health service; and
(b) the care and support of the client, as a patient, in the authorised mental health service.

(2) The director may give to the director (mental health), or a person nominated by the director (mental health), the following information about the client—

(a) the client's personal and medical information;
(b) the circumstances giving rise to the applicable forensic order, including information contained in any report considered by the Mental Health Court in making the order;
(c) the details of the applicable forensic order;
(d) any details necessary to give effect to the applicable forensic order;
(e) the details of the client's individual development plan;
(f) the client's response to care and support and willingness to continue care and support;
(g) the details of any instance of behaviour control medication, restraint or seclusion of the client;
(h) whether the tribunal or Mental Health Court has approved or ordered limited community treatment for the client, including any conditions of the approval or order;
(i) the details of any limited community treatment undertaken by the client, and the details of any limited community treatment that has been revoked;
(j) when the tribunal is to conduct a review of the client's mental condition;
(k) any previous decisions of the tribunal about the client;
(l) any previous decisions of the Mental Health Court about the client;
(m) whether the client has an allied person and, if so, the allied person's name and contact details;
(n) whether the client has a guardian or an informal decision-maker and, if so, the contact details for the guardian or informal decision-maker;
(o) whether the client is subject to a forensic information order and, if so, any details necessary to give effect to that order;
(p) any other information obtained or brought into existence under this Act or the Mental Health Act relating to the client's care and support.

(3) This section applies despite any duty of confidentiality or right of privacy provided under this or any other Act.

(4) In this section—

information includes a document.

personal information, about a forensic disability client, includes information about—

(a) the client's social circumstances, including, for example, the client's support network; and
(b) the client's relevant behavioural history.


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