Queensland Numbered Acts

MENTAL HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 54 - SECT 15

(1) Section 240, 'Attorney-General'--

omit, insert--

'director of public prosecutions'.

(2) Section 240(1), 'psychiatrist's report'--

omit, insert--

'original psychiatrist's report and any report obtained under section 239A in relation to the patient'.

(3) Section 240(2), from 'subsection (1)' to 'report.'--

omit, insert--

'subsection (1) by the later of the following--

(a) 14 days after receiving the original psychiatrist's report;

(b) if a report is obtained under section 239A in relation to the patient--14 days after receiving the report.'.

(4) Section 240(4)--

omit, insert--

'(4) If the patient is charged with an indictable offence, the director may refer the matter to the director of public prosecutions only--

(a) if the director (of mental health) is satisfied the offence is not of a serious nature, having regard to any damage, injury or loss caused; or

(b) if the director (of mental health) is satisfied the offence is of a serious nature, having regard to any damage, injury or loss caused, and reasonably believes the patient--

(i) is fit for trial; and

(ii) was not of unsound mind when the alleged offence was allegedly committed.'.