Queensland Numbered Acts Queensland Numbered ActsAfter section 318--
insert--
'In this part--
applicant's nominee see section 318C(4).
classified patient information see section 318C(1).
'In this part, a reference to a person for whom a classified patient information order is made is a reference to a person who has successfully applied under section 318C(1) for the order.
'(1) Subject to this division, the director may, on application made to the director by an eligible person, make an order (a classified patient information order) about a classified patient that the eligible person may be given notice of any of the following information (the classified patient information)--
(a) the fact that the patient is detained in an authorised mental health service as a classified patient;
(b) the fact that an approval has been given, under section 129(2)(b), for limited community treatment for the patient;
(c) any conditions on which the approval mentioned in paragraph (b) has been given that are relevant to the safety of--
(i) the applicant; or
(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient--the direct victim;
(d) the fact that the approval mentioned in paragraph (b) has been withdrawn under section 129(6);
(e) the fact that the patient is absent without approval, or is no longer absent without approval, under this or another Act, if the fact of the absence is relevant to--
(i) the applicant; or
(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient--the direct victim;
(f) the fact that the patient has ceased to be a classified patient, the reason for the cessation, and the date of the cessation;
(g) the fact that the patient has been transferred from one authorised mental health service to another authorised mental health service under section 166, and the date of the transfer.
'(2) If a classified patient information order is made about the classified patient, the classified patient information given under subsection (1) to the person for whom the order is made must not include any of the following information--
(a) the name or address of the in-patient facility at which the patient is being detained under this Act;
(b) if an approval has been given, under section 129(2)(b), for limited community treatment for the patient and, under the approval, the patient is residing at a place other than the patient's treating health service--the name or address of the place, or the name or contact details of any other person residing at the place;
(c) the name or contact details of any relative of the patient;
(d) information about the treatment or care of the patient at the patient's treating health service.
'(3) The application must--
(a) be made in the approved form; and
(b) be accompanied by a declaration signed by the applicant stating that the applicant will not disclose, for public dissemination, any classified patient information relating to the classified patient disclosed to the applicant under this part.
'(4) The application may be accompanied by a document nominating a person (the applicant's nominee) to receive the classified patient information for the applicant.
'(5) For a nomination under subsection (4) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any classified patient information relating to the classified patient disclosed to the nominee under this part.
'(6) In this section--
eligible person means--
(a) a direct victim of an alleged offence allegedly committed by the classified patient; or
(b) if a direct victim of an alleged offence allegedly committed by the classified patient is a minor or has a legal incapacity--the direct victim's parent or guardian; or
(c) if a direct victim of an alleged offence allegedly committed by the classified patient has died as a result of the offence--an immediate family member of the direct victim; or
(d) a person who, immediately before the patient becoming a classified patient, was an eligible person in relation to the patient under the Corrective Services Act 2006.
'(1) Subject to section 318E, if the application is made by a minor, the director may make a classified patient information order about the classified patient if the director reasonably believes it is in the minor's best interests for the order to be made.
'(2) The director must consult with a parent or guardian of the minor in deciding what is in the minor's best interests.
'(3) Subsection (2) does not apply if--
(a) the director is satisfied it would be inappropriate in all the circumstances to consult with a parent or guardian of the minor; or
(b) the applicant has made the application on behalf of a child of the applicant.
'The director must refuse to grant the application if the director reasonably believes disclosure of classified patient information to the applicant or applicant's nominee is likely to--
(a) cause serious harm to the classified patient's health; or
(b) put the safety of the patient or someone else at serious risk.
'(1) Before deciding the application, the director must give the classified patient a reasonable opportunity to make a submission to the director about the matters mentioned in section 318E.
'(2) However, the director is not required to comply with subsection (1) if the director reasonably believes that the patient being aware that the application has been made is likely to--
(a) have an adverse effect on the health of the applicant or patient; or
(b) put the safety of the applicant, patient or someone else at risk.
'(1) Within 21 days after deciding the application, the director must give a written notice of the decision to each of the following persons--
(a) the applicant;
(b) the classified patient;
(c) the patient's allied person;
(d) if the patient is a minor--a parent of the minor or the minor's guardian;
(e) if the director reasonably believes the patient has a personal attorney--the attorney;
(f) if the director reasonably believes the patient has a personal guardian--the guardian;
(g) the administrator of the patient's treating health service.
'(2) However, the director is not required to comply with subsection (1) in relation to the persons mentioned in subsection (1)(b) to (f) if the director reasonably believes that complying with the subsections is likely to--
(a) have an adverse effect on the health of the applicant or patient; or
(b) put the safety of the applicant, patient or someone else at risk.
'(3) If the director decides to refuse to grant the application, the director must within 21 days also give the applicant written notice of the director's reasons for the decision.
'(4) For subsections (1) and (3), if requested by the applicant, the director must give the notices under the subsections to the applicant's nominee instead of the applicant.
'(5) If the classified patient asks the director for the reasons for the director's decision to grant or refuse to grant the application, the director must within 21 days give written notice of the reasons to the patient.
'(6) However, the director is not required to comply with subsection (5) if the director reasonably believes that complying with the subsection is likely to--
(a) have an adverse effect on the health of the applicant or patient; or
(b) put the safety of the applicant, patient or someone else at risk.
'(1) At any time after a classified patient information order is made about a classified patient, the person (the relevant person) for whom the order is made may give the director a document nominating a person to receive classified patient information relating to the patient for the relevant person.
'(2) For a nomination under subsection (1) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any classified patient information relating to the classified patient disclosed to the nominee under this part.
'(3) A nomination under this section supersedes any other nomination made by the relevant person under this section or section 318C(4).
'The director must revoke a classified patient information order about a classified patient if--
(a) the patient ceases to be a classified patient; or
(b) the patient dies, and the director becomes aware of the death; or
(c) the person (the relevant person) for whom the order is made dies, and the director becomes aware of the death; or
(d) the relevant person asks the director to revoke the order; or
(e) the director reasonably believes disclosure of classified patient information relating to the patient to the relevant person, or any person nominated under section 318C(4) or 318H(1) to receive the information for the relevant person, is likely to--
(i) cause serious harm to the patient's health; or
(ii) put the safety of the patient or someone else at serious risk.
'(1) The director may revoke a classified patient information order about a classified patient.
'(2) However, before revoking the order, the director must--
(a) give the person (the relevant person) for whom the order is made a written notice stating the grounds on which the order is proposed to be revoked; and
(b) give the relevant person a reasonable opportunity to make a submission to the director about why the order should not be revoked.
'(1) If, under section 318I or 318J, the director revokes a classified patient information order about a classified patient, the director must within 7 days give each of the following persons written notice of the revocation and the grounds for the revocation--
(a) the person for whom the order is made;
(b) the patient;
(c) the patient's allied person;
(d) if the patient is a minor--a parent of the minor or the minor's guardian;
(e) if the director reasonably believes the patient has a personal attorney--the attorney;
(f) if the director reasonably believes the patient has a personal guardian--the guardian;
(g) any person nominated under section 318C(4) or 318H(1) to receive the classified patient information under the order for the person mentioned in paragraph (a);
(h) the administrator of the patient's treating health service.
'(2) However, the director is not required to comply with subsection (1) in relation to the persons mentioned in subsection (1)(b) to (f) if the director did not, under section 318G(1), notify the persons of the decision made on the application for the classified patient information order.
'For the Health Services Act 1991, section 62B, the disclosure of information under a classified patient information order is a disclosure permitted by an Act.
'In this part--
applicant's nominee see section 318O(4).
eligible person see section 318O(7).
forensic patient information see section 318O(1).
'In this part, a reference to a person for whom a forensic patient information order is made is a reference to a person who has successfully applied under section 318O(1) for the order.
'(1) Subject to this division, the tribunal may, on application made to it by a person, make an order (a forensic patient information order) about a forensic patient that the person be given notice of the following information (the forensic patient information)--
(a) when a review for the patient is to be carried out;
(b) the revocation or confirmation, under section 203(1), of the forensic order for the patient;
(c) the fact that an approval has been given, under this Act, for the patient to move out of Queensland;
(d) the fact that the patient has been transferred from one authorised mental health service to another authorised mental health service under section 166, and the date of the transfer;
(e) the fact that the patient has been transferred, under an interstate agreement, to another State;
(f) the fact that an order has been made, under this Act, that the patient have limited community treatment;
(g) the fact that an order has been made, under this Act, approving limited community treatment for the patient;
(h) any conditions on which an order mentioned in paragraph (f) or (g) has been made, if the director decides the conditions are relevant to the safety of--
(i) the applicant; or
(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient--the direct victim;
(i) the fact that an order has been made, under this Act, revoking an order or approval for limited community treatment for the patient;
(j) the fact that the patient is absent without approval, or is no longer absent without approval, under this or another Act, if the director decides the fact of the absence is relevant to--
(i) the applicant; or
(ii) if the applicant is a parent or guardian of a direct victim of an alleged offence allegedly committed by the patient--the direct victim;
(k) the fact that the patient ceases to be a forensic patient, the reason for the cessation, and the date of the cessation.
'(2) If a forensic patient information order is made about the forensic patient, the forensic patient information given under subsection (1) to the person for whom the order is made must not include any of the following information--
(a) the name or address of the in-patient facility at which the patient is being detained under this Act;
(b) if an order has been made or an approval has been given, under this Act, for limited community treatment for the patient and, under the order or approval, the patient is residing at a place other than the patient's treating health service--the name or address of the place, or the name or contact details of any other person residing at the place;
(c) the name or contact details of any relative of the patient;
(d) information about the treatment or care of the patient at the patient's treating health service.
'(3) The application must--
(a) be made in the approved form; and
(b) be accompanied by a declaration signed by the applicant stating that the applicant will not disclose, for public dissemination, any forensic patient information relating to the forensic patient disclosed to the applicant under this part.
'(4) The application may be accompanied by a document nominating a person (the applicant's nominee) to receive the forensic patient information for the applicant.
'(5) For a nomination under subsection (4) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any forensic patient information relating to the forensic patient disclosed to the nominee under this part.
'(6) Subject to section 318S, the tribunal must grant the application if it is made by an eligible person.
'(7) In this section--
eligible person means--
(a) a direct victim of an alleged offence allegedly committed by the forensic patient; or
(b) if a direct victim of an alleged offence allegedly committed by the forensic patient is a minor or has a legal incapacity--the direct victim's parent or guardian; or
(c) if a direct victim of an alleged offence allegedly committed by the forensic patient has died as a result of the offence--an immediate family member of the direct victim.
'(1) Subsection (2) applies if the application is made by a minor, whether the minor is an eligible person or not an eligible person.
'(2) The tribunal may make a forensic patient information order about the forensic patient if the tribunal reasonably believes it is in the minor's best interests for the order to be made.
'(3) The tribunal must consult with a parent or guardian of the minor in deciding what is in the minor's best interests.
'(4) Subsection (3) does not apply if--
(a) the tribunal is satisfied it would be inappropriate in all the circumstances to consult with a parent or guardian of the minor; or
(b) the applicant has made the application on behalf of a child of the applicant.
'(5) This section applies subject to sections 318Q and 318S.
'(1) This section applies if the application is made by a person who is not an eligible person.
'(2) Subject to section 318S, the tribunal must not make a forensic patient information order about the forensic patient unless the tribunal is satisfied the applicant has a sufficient personal interest in being given notice of forensic patient information about the patient.
'(3) Without limiting subsection (2), the tribunal must consider the following matters in deciding whether the applicant has a sufficient personal interest in being given notice of forensic patient information about the forensic patient--
(a) whether the patient represents a risk to the safety of the person for whom the order is to be made;
(b) whether it is likely the patient will come into contact with the person;
(c) the nature and seriousness of the offence that led to the patient becoming a forensic patient;
(d) whether the applicant is a relative of the patient;
(e) other matters the tribunal considers appropriate.
'The application may be decided by--
(a) the tribunal constituted by the president on written material and submissions, without the applicant or forensic patient attending a hearing of the application; or
(b) the tribunal during a review carried out for the forensic patient or at a hearing conducted for the application.
'(1) The tribunal must refuse to grant the application if--
(a) the tribunal is satisfied it is frivolous or vexatious; or
(b) the tribunal reasonably believes disclosure of forensic patient information to the applicant or applicant's nominee is likely to--
(i) cause serious harm to the forensic patient's health; or
(ii) put the safety of the patient or someone else at serious risk.
'(2) The tribunal may also refuse to grant the application if a forensic patient information order previously made for the applicant was revoked on a ground mentioned in section 318Z(1)(b) or (c).
'(3) However, before refusing to grant the application under subsection (2), the tribunal must give the applicant a reasonable opportunity to make a submission to the tribunal about why the tribunal should not refuse to grant the application.
'The tribunal may impose the conditions on the forensic patient information order it considers appropriate.
Note--
The non-compliance by the person for whom the order is made with any conditions imposed, under this section or division 3, on the order is a ground for the revocation of the order under section 318Z(1).
'(1) If the tribunal decides to make a forensic patient information order about the forensic patient, the tribunal must within 7 days give a written notice of the decision to the persons mentioned in subsection (5).
'(2) The director must, within 21 days after receiving a notice under subsection (1), give a copy of the notice to the applicant.
'(3) If the tribunal decides to refuse to grant the application, the tribunal must within 7 days give the persons mentioned in subsection (5) a written notice stating the decision and the tribunal's reasons for the decision.
'(4) The director must, within 21 days after receiving a notice under subsection (3), give a copy of the notice to the applicant.
'(5) For subsections (1) and (3), the persons are--
(a) the director; and
(b) the forensic patient; and
(c) the patient's allied person; and
(d) if the patient is a minor or has a legal incapacity--a parent of the minor or the minor's guardian; and
(e) if the director reasonably believes the patient has a personal attorney--the attorney; and
(f) if the director reasonably believes the patient has a personal guardian--the guardian; and
(g) the administrator of the patient's treating health service; and
(h) the Attorney-General; and
(i) the chief executive for justice.
'(6) For subsections (2) and (4), if requested by the applicant, the director must give copies of the notices under the subsections to the applicant's nominee instead of the applicant.
'(7) The requirements under subsections (1) and (3) to give the notices under the subsections to the forensic patient are subject to a confidentiality order of the tribunal.
'(8) If subsection (7) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient's allied person.
'(1) At any time after a forensic patient information order is made about a forensic patient, the person (the relevant person) for whom the order is made may give the director a document nominating a person to receive forensic patient information relating to the patient for the relevant person.
'(2) For a nomination under subsection (1) to be effective, the nomination must be accompanied by a declaration signed by the nominee stating that the nominee will not disclose, for public dissemination, any forensic patient information relating to the forensic patient disclosed to the nominee under this part.
'(3) A nomination under this section supersedes any other nomination made by the relevant person under this section or section 318O(4).
'(1) If the tribunal has made a forensic patient information order about a forensic patient, the tribunal may decide to change the conditions of the order imposed under section 318T or this division.
'(2) Before deciding to change the conditions, the tribunal must first give each relevant person a written notice (a notice of intention) stating the following--
(a) the proposed decision;
(b) the grounds for the proposed decision;
(c) an invitation to the person to make submissions to the tribunal within a reasonable time about why the proposed decision should not be made.
'(3) However, for the person for whom the forensic patient information order is made, a notice of intention must be given by the tribunal to the director, who must then give it to the person.
'(4) If subsection (3) applies, the tribunal is taken to have given the notice of intention to the person for whom the forensic patient information order is made.
'(5) If, after giving each relevant person a notice of intention and taking into account any submissions made under subsection 2(c), the tribunal decides to change the conditions, the tribunal must within 7 days give a written notice of the decision to--
(a) the director; and
(b) the forensic patient; and
(c) the patient's allied person; and
(d) if the patient is a minor or has a legal incapacity--a parent of the minor or the minor's guardian; and
(e) if the director reasonably believes the patient has a personal attorney--the attorney; and
(f) if the director reasonably believes the patient has a personal guardian--the guardian; and
(g) the administrator of the patient's treating health service; and
(h) the Attorney-General; and
(i) the chief executive for justice.
'(6) The director must, within 21 days after receiving a notice under subsection (5), give a copy of the notice to--
(a) the person for whom the forensic patient information order is made; and
(b) any person nominated under section 318O(4) or 318V(1) to receive the forensic patient information under the forensic patient information order for the person mentioned in paragraph (a).
'(7) The change in the conditions takes effect on the day the director complies with subsection (6).
'(8) If, after giving each relevant person a notice of intention and taking into account any submissions made under subsection 2(c), the tribunal decides not to change the conditions, the tribunal must within 7 days give a written notice of the decision to each relevant person.
'(9) However, for the person for whom the forensic patient information order is made, the notice mentioned in subsection (8) must be given by the tribunal to the director, who must then give it to the person.
'(10) The requirements under subsections (2), (5) and (8) to give the notices under the subsections to the forensic patient are subject to any confidentiality order of the tribunal mentioned in section 318U(7).
'(11) If subsection (10) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient's allied person.
'(12) In this section--
relevant person means each of the following--
(a) the person for whom the forensic patient information order is made;
(b) the director;
(c) the forensic patient;
(d) the patient's allied person.
(1) If the tribunal has made a forensic patient information order about a forensic patient, a relevant person may apply in writing to the tribunal to change the conditions of the order imposed under section 318T or this division.
'(2) Before deciding the application, the tribunal must first give each relevant person, other than the applicant, the following--
(a) a copy of the application;
(b) an invitation to the person to make submissions to the tribunal within a reasonable time about the application.
'(3) However, for the person for whom the forensic patient information order is made, the documents mentioned in subsection (2) must be given by the tribunal to the director, who must then give them to the person.
'(4) If subsection (3) applies, the tribunal is taken to have given the documents mentioned in subsection (2) to the person for whom the forensic patient information order is made.
'(5) If, after complying with subsection (2) and taking into account any submissions made under subsection (2)(b), the tribunal decides to grant the application, the tribunal must within 7 days give a written notice of the decision to--
(a) the director; and
(b) the forensic patient; and
(c) the patient's allied person; and
(d) if the patient is a minor or has a legal incapacity--a parent of the minor or the minor's guardian; and
(e) if the president reasonably believes the patient has a personal attorney--the attorney; and
(f) if the president reasonably believes the patient has a personal guardian--the guardian; and
(g) the administrator of the patient's treating health service; and
(h) the Attorney-General; and
(i) the chief executive for justice.
'(6) The director must, within 21 days after receiving a notice under subsection (5), give a copy of the notice to--
(a) the person for whom the forensic patient information order is made; and
(b) any person nominated under section 318O(4) or 318V(1) to receive the forensic patient information under the forensic patient information order for the person mentioned in paragraph (a).
'(7) The change in the conditions takes effect on the day the director complies with subsection (6).
'(8) If, after complying with subsection (2) and taking into account any submissions made under subsection 2(b), the tribunal decides to refuse to grant the application, the tribunal must within 7 days give a written notice of the decision to each relevant person.
'(9) However, for the person for whom the forensic patient information order is made, the notice mentioned in subsection (8) must be given by the tribunal to the director, who must then give it to the person.
'(10) If the application is made by a relevant person, other than the forensic patient, the requirements under subsections (2), (5) and (8) to give the documents or notices under the subsections to the patient are subject to any confidentiality order of the tribunal mentioned in section 318U(7).
'(11) If subsection (10) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient's allied person.
'(12) In this section--
relevant person means each of the following--
(a) the person for whom the forensic patient information order is made;
(b) the director;
(c) the forensic patient;
(d) the forensic patient's allied person.
'The tribunal must revoke a forensic patient information order about a forensic patient if--
(a) the patient ceases to be a forensic patient; or
(b) the patient dies, and the president becomes aware of the death; or
(c) the person (the relevant person) for whom the order is made dies, and the president becomes aware of the death; or
(d) the relevant person asks the president to revoke the order; or
(e) the president reasonably believes disclosure of forensic patient information relating to the patient to the relevant person, or any person nominated under section 318O(4) or 318V(1) to receive the information under the order for the relevant person, is likely to--
(i) cause serious harm to the patient's health; or
(ii) put the safety of the patient or someone else at serious risk; or
(f) the patient has, under an interstate agreement, been transferred to another State.
'(1) The tribunal may revoke a forensic patient information order about a forensic patient if--
(a) the tribunal is unable, after making reasonable efforts, to locate--
(i) the person (the relevant person) for whom the order is made; and
(ii) any person (the relevant person's nominee) nominated under section 318O(4) or 318V(1) to receive the forensic patient information under the order for the relevant person; or
(b) the relevant person or relevant person's nominee has disclosed, for public dissemination, any forensic patient information relating to the patient disclosed to the applicant or nominee under this part; or
(c) the relevant person has not complied with a condition imposed on the order under section 318T or division 3.
'(2) However, before revoking a forensic patient information order on a ground mentioned in subsection (1)(b) or (c), the tribunal must give the relevant person a reasonable opportunity to make a submission to the tribunal about why the order should not be revoked.
'(1) If, under section 318Y or 318Z, the tribunal revokes a forensic patient information order about a forensic patient, the tribunal must within 7 days give written notice of the revocation and the grounds for the revocation to--
(a) the director; and
(b) the forensic patient; and
(c) the patient's allied person; and
(d) if the patient is a minor--a parent of the minor or the minor's guardian; and
(e) if the president reasonably believes the patient has a personal attorney--the attorney; and
(f) if the president reasonably believes the patient has a personal guardian--the guardian; and
(g) the administrator of the patient's treating health service; and
(h) the Attorney-General; and
(i) the chief executive for justice.
'(2) The director must, within 21 days after receiving a notice under subsection (1), give a copy of the notice to--
(a) the person for whom the forensic patient information order is made; and
(b) any person nominated under section 318O(4) or 318V(1) to receive the forensic patient information under the forensic patient information order for the person mentioned in paragraph (a).
'(3) The requirement under subsection (1) to give the notice under the subsection to the forensic patient is subject to any confidentiality order of the tribunal mentioned in section 318U(7).
'(4) If subsection (3) applies, the tribunal must not give the information covered by the confidentiality order to the forensic patient's allied person.
'For the Health Services Act 1991, section 62B, the disclosure of information under a forensic patient information order is a disclosure permitted by an Act.'.