MENTAL HEALTH BILL 2000

Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

MENTAL HEALTH BILL 2000

Queensland MENTAL HEALTH BILL 2000

Queensland MENTAL HEALTH BILL 2000 TABLE OF PROVISIONS Section Page CHAPTER 1--PRELIMINARY PART 1--INTRODUCTION 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 2--PURPOSE AND APPLICATION OF ACT 4 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 5 How purpose of Act is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 6 Application of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 7 Attachment--flowcharts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 3--PRINCIPLES FOR ADMINISTRATION OF ACT 8 General principles for administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . 34 9 Principles for exercising powers and performing functions . . . . . . . . . . . . . 36 PART 4--INTERPRETATION Division 1--Dictionary and notes in text 10 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 11 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 2--Key definitions 12 What is "mental illness" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 13 What are the "assessment criteria" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 14 What are the "treatment criteria" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 CHAPTER 2--INVOLUNTARY ASSESSMENT PART 1--INTERPRETATION 15 Definition of "authorised mental health service" for ch 2 . . . . . . . . . . . . . . 39

2 Mental Health PART 2--REQUIREMENTS FOR INVOLUNTARY ASSESSMENT Division 1--Preliminary 16 Assessment documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 2--Request for assessment 17 Who may make request for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 18 Making request for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 3--Recommendation for assessment 19 Who may make recommendation for assessment . . . . . . . . . . . . . . . . . . . . . 40 20 Making recommendation for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 21 How long recommendation for assessment is in force . . . . . . . . . . . . . . . . . 41 Division 4--Miscellaneous provisions 22 When request for assessment may be made and when it is in force . . . . . . 41 23 Assessment documents must be made by different persons . . . . . . . . . . . . . 41 24 Person making request must not be relative of practitioner making recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 3--PROCEDURES LEADING TO INVOLUNTARY ASSESSMENT Division 1--Provisions about taking persons to authorised mental health services for involuntary assessment 25 Taking person to authorised mental health service . . . . . . . . . . . . . . . . . . . . 42 26 Administration of medication while being taken to authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Division 2--Justices examination orders 27 Application for order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 28 Making of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 29 Procedures after making order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 30 Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 31 Duration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 32 Notifications to director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 3--Emergency examination orders Subdivision 1--Emergency examination orders by police officers and ambulance officers 33 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

3 Mental Health 34 Taking person to authorised mental health service . . . . . . . . . . . . . . . . . . . . 48 35 Making of emergency examination order . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 36 Detention and examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Subdivision 2--Emergency examination orders by psychiatrists 37 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 38 Making of emergency examination order . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 39 Taking of person to authorised mental health service for examination . . . . 50 40 Detention and examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Subdivision 3--General 41 Procedure if assessment documents not made . . . . . . . . . . . . . . . . . . . . . . . 50 PART 4--DETENTION AS INVOLUNTARY PATIENT FOR INVOLUNTARY ASSESSMENT Division 1--Preliminary 42 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 43 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Division 2--Involuntary assessment 44 Detention for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 45 Patient and other persons to be told about assessment . . . . . . . . . . . . . . . . . 52 46 Initial assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 47 Extension of assessment period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 48 When patient ceases to be involuntary patient . . . . . . . . . . . . . . . . . . . . . . . 53 CHAPTER 3--PERSONS BEFORE A COURT OR IN CUSTODY REQUIRING ASSESSMENT OR DETENTION PART 1--REQUIREMENTS FOR ASSESSMENT Division 1--Preliminary 49 Assessment documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 2--Recommendations for assessment 50 Who may make recommendation for assessment . . . . . . . . . . . . . . . . . . . . . 55 51 Making recommendation for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 52 How long recommendation for assessment is in force . . . . . . . . . . . . . . . . . 55 Division 3--Agreements for assessment 53 Who may give agreement for assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 54 When agreement for assessment may be given by administrator . . . . . . . . 56

4 Mental Health 55 When agreement for assessment may be given by director . . . . . . . . . . . . . 57 56 How long agreement for assessment is in force . . . . . . . . . . . . . . . . . . . . . . 57 PART 2--PERSONS HAVING A MENTAL ILLNESS BEFORE COURT Division 1--Court assessment orders 57 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 58 Court may make court assessment order for person . . . . . . . . . . . . . . . . . . . 58 59 Court's powers if court assessment order is not made for person . . . . . . . . . 58 Division 2--Orders by Supreme and District Courts if person pleads guilty to indictable offence 60 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 61 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 62 Supreme or District Court may order plea of not guilty . . . . . . . . . . . . . . . . 59 63 How reference to Mental Health Court is made . . . . . . . . . . . . . . . . . . . . . . 60 PART 3--PERSONS HAVING A MENTAL ILLNESS IN LAWFUL CUSTODY 64 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 65 Custodian's assessment authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 66 Making of custodian's assessment authority . . . . . . . . . . . . . . . . . . . . . . . . . 61 PART 4--DETENTION AS CLASSIFIED PATIENT ON COMPLETION OF ASSESSMENT DOCUMENTS Division 1--Preliminary 67 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 2--Provisions about taking person to, and detaining person in, authorised mental health service 68 Taking person to authorised mental health service . . . . . . . . . . . . . . . . . . . . 61 69 Classified patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 70 Giving information about detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 3--Assessment and treatment as classified patient 71 Initial assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 72 Treatment plan for patient needing to be detained for treatment as classified patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 73 Regular assessments of patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 74 Authorised doctor to report to director if patient does not need to be detained for treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

5 Mental Health Division 4--Provisions about legal proceedings 75 Suspension of particular proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 76 What happens for proceedings for Commonwealth offences . . . . . . . . . . . . 65 77 Court may grant bail and proceedings may be discontinued . . . . . . . . . . . . 66 78 When patient ceases to be classified patient . . . . . . . . . . . . . . . . . . . . . . . . 66 79 Notice of patient ceasing to be classified patient . . . . . . . . . . . . . . . . . . . . . 66 Division 5--What happens on patient ceasing to be classified patient 80 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 81 Release or other arrangements for admission for patients who cease to be involuntary patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 82 Continued detention of particular involuntary patients . . . . . . . . . . . . . . . . . 67 PART 5--RETURN OF CLASSIFIED PATIENTS TO COURT OR CUSTODY Division 1--Preliminary 83 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 84 Notice of application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 2--Patients under court assessment orders 85 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 86 Notices about patient not to be detained as classified patient . . . . . . . . . . 69 87 Taking patient before court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Division 3--Patients under custodian's assessment authorities 88 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 89 Director to decide whether particular patients should be returned to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 90 When custodian is to take custody of patient . . . . . . . . . . . . . . . . . . . . . . . . 70 91 When patient to be brought before court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 92 Taking patient before court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 4--Miscellaneous provisions 93 When administrator's custody of patient ends . . . . . . . . . . . . . . . . . . . . . . . . 72 94 When patient ceases to be classified patient . . . . . . . . . . . . . . . . . . . . . . . . 72 95 Notice of patient ceasing to be classified patient . . . . . . . . . . . . . . . . . . . . . 72 PART 6--PROCEDURES FOLLOWING END OF SENTENCE OR PAROLE 96 Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

6 Mental Health 97 Chapter does not affect parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 98 Administrator to give notice of end of period of imprisonment or detention or on parole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 99 When patient ceases to be classified patient . . . . . . . . . . . . . . . . . . . . . . . . 73 100 Notice of patient ceasing to be classified patient . . . . . . . . . . . . . . . . . . . . . 73 PART 7--DETENTION IN AUTHORISED MENTAL HEALTH SERVICE DURING TRIAL 101 Court may order person's detention in authorised mental health service . . 74 102 Who may give agreement for detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 103 When agreement for detention may be given by administrator . . . . . . . . . . 75 104 When agreement for detention may be given by director . . . . . . . . . . . . . . 75 105 How long agreement for detention is in force . . . . . . . . . . . . . . . . . . . . . . . . 75 106 Taking person to authorised mental health service and return to court . . . . 75 107 Detention in authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . 76 CHAPTER 4--TREATMENT OF PERSONS WHO HAVE MENTAL ILLNESSES PART 1--INVOLUNTARY TREATMENT ORDERS Division 1--Making and effect of involuntary treatment orders 108 Making of involuntary treatment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 109 Category of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 110 Treatment plan for patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 111 Authorised doctor must tell patient about order and treatment plan . . . . . . 77 112 Second examination in particular cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 113 Notice of making of involuntary treatment order . . . . . . . . . . . . . . . . . . . . . 79 114 Detention under in-patient order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 115 Treatment under treatment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 116 Regular assessments of patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 117 Noncompliance with treatment under community category of involuntary treatment order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 118 Duration of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 2--Changing category of involuntary treatment orders 119 Change of category of order by authorised doctor . . . . . . . . . . . . . . . . . . . . . 81 120 Notice of change of involuntary treatment order . . . . . . . . . . . . . . . . . . . . . . 82

7 Mental Health Division 3--Revoking involuntary treatment orders 121 Revocation of order by authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 122 Revocation of order by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 123 Notice of revocation of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 PART 2--TREATMENT PLANS Division 1--Preparing and changing treatment plans 124 Preparing treatment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 125 Change of treatment plan by, or authorised by, doctor . . . . . . . . . . . . . . . . . 85 126 Change of treatment plan to give effect to director's transfer order . . . . . . 85 127 Other change of treatment plan--classified patients . . . . . . . . . . . . . . . . . . 85 Division 2--Limited community treatment 128 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 129 Authorising limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 130 Limited community treatment on order of tribunal or Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 131 What treatment plan must state for limited community treatment . . . . . . . 87 132 Particular patients to be accompanied while undertaking limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 PART 3--REGULATED AND PROHIBITED TREATMENTS, SECLUSION AND RESTRAINT Division 1--Informed consent 133 Requirements for informed consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 134 Capacity to give informed consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 135 Consent to be written . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 136 Consent to be given freely and voluntarily . . . . . . . . . . . . . . . . . . . . . . . . . . 89 137 Explanation to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Division 2--Electroconvulsive therapy 138 Offence to perform electroconvulsive therapy . . . . . . . . . . . . . . . . . . . . . . . . 90 139 Performance of electroconvulsive therapy with consent or tribunal approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 140 Performance of electroconvulsive therapy in emergency . . . . . . . . . . . . . . . 90 Division 3--Restraint 141 Meaning of "mechanical restraint" for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . 91 142 Offence to use mechanical restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

8 Mental Health 143 Doctor may authorise use of mechanical restraint . . . . . . . . . . . . . . . . . . . . 91 144 How authorisation is given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 145 Obligations of senior registered nurse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 146 When nurse may authorise end of restraint . . . . . . . . . . . . . . . . . . . . . . . . . . 93 147 Director may require reports about mechanical restraint . . . . . . . . . . . . . . . 93 Division 4--Seclusion Subdivision 1--Interpretation 148 Meaning of "seclusion" for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Subdivision 2--Prohibition of seclusion 149 Offence to keep patient in seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Subdivision 3--Authorisation of seclusion 150 Who may authorise seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 151 When seclusion may be authorised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 152 Patient's consent not required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Subdivision 4--Provisions about seclusion authorised by doctor 153 Seclusion authorised by doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 154 Observation of patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 155 When nurse may authorise end to seclusion . . . . . . . . . . . . . . . . . . . . . . . . . 95 Subdivision 5--Provisions about seclusion authorised by senior registered nurse 156 Seclusion authorised by senior registered nurse . . . . . . . . . . . . . . . . . . . . . . 96 157 Observation of patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Subdivision 6--General provisions about seclusion 158 Nurse to ensure patient's needs are met . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 159 Use of reasonable force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 160 Director may require reports about seclusions . . . . . . . . . . . . . . . . . . . . . . . . 97 Division 5--Other treatments 161 Psychosurgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 162 Prohibited treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

9 Mental Health CHAPTER 5--MOVING, TRANSFER AND TEMPORARY ABSENCE OF PATIENTS PART 1--MOVING AND TRANSFER OF PATIENTS Division 1--Moving patients within authorised mental health services 163 Involuntary patient may be moved within authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 164 Administration of medication while being moved in an authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 2--Transfers between authorised mental health services 165 Transfer orders--involuntary patients other than classified or forensic patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 166 Transfer orders--other patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 167 Transfers to high security units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 168 Taking involuntary patient to authorised mental health service . . . . . . . . . 101 169 Notice of transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Division 3--Moving and transfer of patients out of Queensland Subdivision 1--Interpretation 170 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Subdivision 2--Moving of patients out of Queensland 171 Application for approval for patient to move out of Queensland . . . . . . . . . 102 172 Notice of hearing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 173 Tribunal's powers on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 174 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 175 Effect of patient moving on involuntary treatment order . . . . . . . . . . . . . . . 104 PART 2--INTERSTATE APPLICATION OF MENTAL HEALTH LAWS Division 1--Preliminary 176 Interstate agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Division 2--Making involuntary treatment orders and exercise of powers 177 Involuntary treatment orders for interstate residents . . . . . . . . . . . . . . . . . . . 105 178 Queensland officers may exercise powers etc. under corresponding laws . 106 179 Interstate officers may exercise powers etc. in this State . . . . . . . . . . . . . . 106

10 Mental Health Division 3--Interstate admissions and transfers of persons and patients 180 Admission of persons to interstate mental health services . . . . . . . . . . . . . . 106 181 Transfer of involuntary patients to interstate mental health services . . . . . 107 182 Admission of interstate persons to authorised mental health services . . . . 107 183 Transfer of patients to authorised mental health services . . . . . . . . . . . . . . 108 Division 4--Apprehension and return of persons 184 Apprehension of persons absent from interstate mental health services . . . 109 185 Apprehension of involuntary patients interstate . . . . . . . . . . . . . . . . . . . . . . 110 PART 3--TEMPORARY ABSENCES 186 Absence of particular patients with director's approval . . . . . . . . . . . . . . . . 111 CHAPTER 6--TRIBUNAL REVIEWS, NOTIFICATION ORDERS AND TREATMENT APPLICATIONS PART 1--REVIEWS BY TRIBUNAL FOR PATIENTS UNDER INVOLUNTARY TREATMENT ORDERS 187 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 188 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 189 Notice of hearing for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 190 Matters to be considered on particular reviews . . . . . . . . . . . . . . . . . . . . . . . 114 191 Decisions on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 192 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 193 Decision to transfer to be given effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 PART 2--REVIEWS BY TRIBUNAL FOR YOUNG PATIENTS DETAINED IN HIGH SECURITY UNITS 194 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 195 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 196 Notice of hearing for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 197 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 198 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 199 Decision to be given effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 PART 3--REVIEWS BY TRIBUNAL FOR FORENSIC PATIENTS 200 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 201 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 202 Notice of hearing for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121

11 Mental Health 203 Decisions on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 204 Restrictions on review decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 205 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 206 Decision to be given effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 207 When patient ceases to be forensic patient . . . . . . . . . . . . . . . . . . . . . . . . . . 125 PART 4--REVIEWS BY TRIBUNAL OF MENTAL CONDITION OF PERSONS TO DECIDE FITNESS FOR TRIAL Division 1--Conduct of reviews 208 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 209 When reviews are conducted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 210 Application for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 211 Notice of hearing for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 212 Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 213 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Division 2--Procedures following reviews 214 Attorney-General's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 215 Proceedings discontinued after particular period . . . . . . . . . . . . . . . . . . . . . 129 216 Effect of discontinuing of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 217 Proceedings may be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 218 When proceedings against person continue . . . . . . . . . . . . . . . . . . . . . . . . . . 131 219 Effect of continuing proceedings on forensic patient . . . . . . . . . . . . . . . . . . 131 PART 5--NOTIFICATION ORDERS Division 1--Interpretation 220 Patients to whom pt 5 applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Division 2--Making of notification orders 221 Tribunal may make notification order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 222 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 223 Restriction on making notification order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 224 Matters to be considered by tribunal in making notification order . . . . . . . 134 225 Order may impose conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 226 Notice of order or decision to refuse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 227 Executive officer to give notices under order . . . . . . . . . . . . . . . . . . . . . . . . 136

12 Mental Health Division 3--Variation and revocation 228 Variation and revocation of notification orders . . . . . . . . . . . . . . . . . . . . . . . 136 PART 6--TREATMENT APPLICATIONS 229 Application to perform electroconvulsive therapy . . . . . . . . . . . . . . . . . . . . 136 230 Application to perform psychosurgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 231 Time for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 232 Notice of hearing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 233 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 234 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 CHAPTER 7--EXAMINATIONS, REFERENCES AND ORDERS FOR PERSONS CHARGED WITH OFFENCES PART 1--INTERPRETATION 235 Definition for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 PART 2--PROCEDURES FOR PARTICULAR INVOLUNTARY PATIENTS CHARGED WITH OFFENCES Division 1--Preliminary 236 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 237 Notice of application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Division 2--Examination of patient and procedures following examination 238 Examination of patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 239 Reports on examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 240 Director to refer patient's mental condition to Mental Health Court or Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 241 Director may defer reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 242 Reference to Mental Health Court or Attorney-General . . . . . . . . . . . . . . . . 144 Division 3--Miscellaneous 243 Suspension of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 244 Court may grant bail and proceedings may be discontinued . . . . . . . . . . . . 145 245 Notice if part no longer applies in particular circumstances . . . . . . . . . . . . 145 PART 3--PROCEDURE ON REFERENCE TO ATTORNEY-GENERAL 246 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 247 Attorney-General's powers on reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146

13 Mental Health 248 Notice of decision to director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 249 How reference to Mental Health Court is made . . . . . . . . . . . . . . . . . . . . . . 147 250 Effect of decision to continue proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 147 251 Effect on proceedings of decision to discontinue proceedings . . . . . . . . . . . 148 252 Notice of decision to discontinue proceedings . . . . . . . . . . . . . . . . . . . . . . . 148 253 When patient ceases to be classified patient . . . . . . . . . . . . . . . . . . . . . . . . 148 254 Notice of patient ceasing to be classified patient . . . . . . . . . . . . . . . . . . . . . 149 255 Prosecution for offence may be discontinued . . . . . . . . . . . . . . . . . . . . . . . . 149 PART 4--REFERENCES TO MENTAL HEALTH COURT GENERALLY 256 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 257 Reference to Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 258 How reference to Mental Health Court is made . . . . . . . . . . . . . . . . . . . . . . 150 259 Suspension of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 260 Court may grant bail and proceedings may be discontinued . . . . . . . . . . . . 151 PART 5--WITHDRAWAL OF REFERENCES TO MENTAL HEALTH COURT 261 Withdrawal of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 262 Notices if application to withdraw filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 263 Court's powers on deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 PART 6--INQUIRIES ON REFERENCES TO MENTAL HEALTH COURT Division 1--Preliminary 264 Notices of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 265 Documents to be disclosed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 266 Notice of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Division 2--Hearing of reference by Mental Health Court 267 Mental Health Court to decide unsoundness of mind and diminished responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 268 Reasonable doubt person committed offence . . . . . . . . . . . . . . . . . . . . . . . . 154 269 Dispute relating to substantially material fact . . . . . . . . . . . . . . . . . . . . . . . 155 270 When Mental Health Court must decide fitness for trial . . . . . . . . . . . . . . . 155 271 Mental Health Court to decide whether unfitness for trial is permanent . . 155

14 Mental Health Division 3--Provisions about continuing proceedings Subdivision 1--Orders about continuing proceedings and custody 272 When Mental Health Court to order proceedings to continue . . . . . . . . . . . 156 273 Orders about custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Subdivision 2--Detention in authorised mental health service 274 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 275 Mental Health Court may approve limited community treatment . . . . . . . . 157 276 Notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 277 Detention under order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 278 Treatment plan for patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 279 Treatment or care under treatment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Division 4--Provisions about staying proceedings 280 Proceedings stayed--not permanently unfit for trial . . . . . . . . . . . . . . . . . . . 158 Division 5--Provisions about discontinuing proceedings 281 Proceedings discontinued--unsound mind . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 282 Particular proceedings discontinued--diminished responsibility . . . . . . . . . 158 283 Proceedings discontinued--permanently unfit for trial . . . . . . . . . . . . . . . . . 159 Division 6--Material submitted by non-parties 284 Submission and consideration of relevant material by non-party . . . . . . . . 159 285 Reasons for decision about non-party material . . . . . . . . . . . . . . . . . . . . . . . 160 Division 7--Miscellaneous provisions 286 Notices of decisions and orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 287 When person ceases to be classified patient . . . . . . . . . . . . . . . . . . . . . . . . . 161 PART 7--FORENSIC PATIENTS Division 1--Forensic orders by Mental Health Court 288 Mental Health Court may make forensic order . . . . . . . . . . . . . . . . . . . . . . . 161 289 Mental Health Court may order, approve or revoke limited community treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 290 Effect of forensic order on involuntary treatment order . . . . . . . . . . . . . . . . 163 291 Registrar to give notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 292 Taking patient to authorised mental health service . . . . . . . . . . . . . . . . . . . 164 293 Detention under order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 294 Order to be given effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164

15 Mental Health 295 Administrator to give notice of order to patient's allied person . . . . . . . . . . 165 296 Treatment plan for patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 297 Treatment or care under treatment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 298 Regular assessments of patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Division 2--Forensic orders following jury findings Subdivision 1--Preliminary 299 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Subdivision 2--Notices of orders and references 300 Registrar of court to give notice of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 301 Director to refer mental condition of particular persons to tribunal . . . . . . . 167 Subdivision 3--Forensic orders by Minister 302 Minister may make forensic order for persons subject to custody order . . . 167 303 Effect of forensic order (Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 304 Notice of forensic order (Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 305 Taking patient to authorised mental health service . . . . . . . . . . . . . . . . . . . 168 Subdivision 4--Miscellaneous provisions 306 Administrator to give notice of forensic order to patient's allied person . . 168 307 Treatment plan for patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 308 Treatment or care under treatment plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 309 Regular assessments of patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 PART 8--RIGHT TO TRIAL RETAINED 310 Application of pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 311 Person may elect to go to trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 312 Attorney-General's powers on election to go to trial . . . . . . . . . . . . . . . . . . 169 313 Effect of election to go to trial when proceedings continued . . . . . . . . . . . . 169 PART 9--ADMISSIBILITY AND USE OF EVIDENCE 314 Definition for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 315 Admissibility of expert's report at trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 316 Particular statements not admissible in any proceeding . . . . . . . . . . . . . . . 170 317 Mental condition may be raised, but court's decision not admissible, at trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 318 Use of expert's report received by Mental Health Court . . . . . . . . . . . . . . . 171

16 Mental Health CHAPTER 8--APPEALS PART 1--APPEALS AGAINST TRIBUNAL DECISIONS Division 1--Making and hearing appeals 319 Decisions to which part applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 320 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 321 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 322 Notices of appeal and hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 323 Stay of decision pending appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 324 Notice of stay of decision on review of patient's fitness for trial . . . . . . . . 174 325 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 326 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 327 Mental Health Court's order final . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Division 2--Participation and representation at appeals 328 Right of appearance--appeals against decisions on reviews . . . . . . . . . . . . 176 329 Right of appearance--appeals against decisions on treatment applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 330 Right of appearance--appeals against decisions on application for approval that a patient move out of Queensland . . . . . . . . . . . . . . . . . . . 176 331 Director may elect to become party to appeal . . . . . . . . . . . . . . . . . . . . . . . 177 332 Right of particular persons to attend hearing . . . . . . . . . . . . . . . . . . . . . . . . . 177 Division 3--Procedural provisions 333 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 PART 2--APPEALS AGAINST MENTAL HEALTH COURT DECISIONS ON REFERENCES 334 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 335 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 336 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 337 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 338 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 CHAPTER 9--ALLIED PERSONS AND PARTICULAR RIGHTS OF INVOLUNTARY PATIENTS PART 1--ALLIED PERSONS 339 Who is an allied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 340 Function of allied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180

17 Mental Health 341 Patient may choose allied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 342 Who is allied person if patient does not have capacity to choose allied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 343 When allied person ceases to act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 PART 2--RIGHTS OF PATIENTS Division 1--Statement of rights 344 Director to prepare statement of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 345 Statement of rights to be given to involuntary patient and patient's allied person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 346 Notice of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Division 2--Examinations of, and visits to, involuntary patients 347 Examining and visiting patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 CHAPTER 10--SECURITY OF AUTHORISED MENTAL HEALTH SERVICES PART 1--INTERPRETATION 348 Definitions for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 PART 2--PROVISIONS ABOUT POSTAL ARTICLES AND OTHER THINGS RECEIVED FOR PATIENTS IN HIGH SECURITY UNITS 349 Interfering with postal articles for patients in high security units . . . . . . . . 184 350 Opening and examining things received for patients in high security units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 PART 3--SEARCHES Division 1--Preliminary 351 Definition of "patient" for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 352 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Division 2--Searches of patients and their possessions Subdivision 1--Searches on reasonable belief of possession of harmful things 353 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 354 Authority to search patients and possessions . . . . . . . . . . . . . . . . . . . . . . . . . 187 Subdivision 2--Searches of patients and their possessions on admission or entry to high security units 355 Authority to search patients and possessions . . . . . . . . . . . . . . . . . . . . . . . . . 188

18 Mental Health Subdivision 3--Carrying out searches 356 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 357 Carrying out search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 358 Seizure of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 359 What happens to thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Subdivision 4--Miscellaneous 360 Records of searches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Division 3--Searches of visitors to high security units, and their possessions 361 Power to search visitors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 362 Directions to leave high security unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 363 Carrying out the search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 364 Visitor may leave things with authorised officer . . . . . . . . . . . . . . . . . . . . . . 193 365 Visitor may ask for search to stop . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 366 Return of things to visitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 367 Seizure of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 368 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 369 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 370 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 371 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Division 4--Identity cards 372 Approval of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 Division 5--Compensation 373 Compensation for damage to possessions . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 PART 4--EXCLUSION OF VISITORS 374 Administrator may refuse to allow a person to visit a patient . . . . . . . . . . . 196 375 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 376 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 377 Notices of appeal and hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 378 Stay of decision pending appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 379 Appeal powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 380 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198

19 Mental Health CHAPTER 11--MENTAL HEALTH COURT PART 1--ESTABLISHMENT, CONSTITUTION, JURISDICTION AND POWERS 381 Mental Health Court established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 382 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 383 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 384 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 PART 2--PROVISIONS ABOUT CONSTITUTING JUDGE OF COURT 385 Appointment of constituting judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 386 Appointment does not affect constituting judge's tenure of office etc. . . . . 200 387 When constituting judge holds office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 388 Acting constituting judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 PART 3--PROVISIONS ABOUT ASSISTING PSYCHIATRISTS 389 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 390 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 391 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 392 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 393 Termination of appointment of assisting psychiatrists . . . . . . . . . . . . . . . . . 203 394 Acting appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 PART 4--MENTAL HEALTH COURT REGISTRY AND REGISTRAR 395 Mental Health Court Registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 396 Registry's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 397 Registrar's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 398 Registrar's powers--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 399 Registrar's power to issue subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205 400 Registrar's power to require production of documents . . . . . . . . . . . . . . . . . 205 401 Registrar's power to require person to be brought before Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 402 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 PART 5--PROCEDURAL PROVISIONS 403 Right of appearance and representation in Mental Health Court proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206

20 Mental Health 404 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 405 Proof of matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 406 Assisting psychiatrists' advice before or during hearing . . . . . . . . . . . . . . . . 207 407 Assisting psychiatrist's advice during hearing . . . . . . . . . . . . . . . . . . . . . . . . 207 408 Particular assisting psychiatrist's advice to be stated in reasons for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 409 Court may proceed in absence of person subject of proceeding . . . . . . . . . 207 410 Appointment of assistants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 411 Court may sit and adjourn hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 412 Hearings about young persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 413 Hearings of references open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 414 Other hearings not open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 415 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 PART 6--PROTECTION AND IMMUNITIES 416 Contempt of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 417 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 418 Protection and immunities for constituting judge of Mental Health Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 PART 7--RULES AND PRACTICES 419 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 420 Directions about practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 421 Approved forms--constituting judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 PART 8--EXAMINATION AND CONFIDENTIALITY ORDERS 422 Court examination orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 423 Recommendations and requests for court examination order on references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 424 Court examination order may also authorise detention etc. . . . . . . . . . . . . . 213 425 What happens at end of examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 426 Confidentiality orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 PART 9--INQUIRIES INTO DETENTION OF PATIENTS IN AUTHORISED MENTAL HEALTH SERVICES 427 Mental Health Court may inquire into detention--on application . . . . . . . 215 428 Mental Health Court may inquire into detention--on own initiative . . . . . 216 429 Mental Health Court may order inquiry into detention . . . . . . . . . . . . . . . . . 216

21 Mental Health 430 Administrator to ensure help given to appointed person . . . . . . . . . . . . . . . . 216 431 General powers of appointed person on inquiry . . . . . . . . . . . . . . . . . . . . . . . 216 432 Appointed person's power to ask questions . . . . . . . . . . . . . . . . . . . . . . . . . . 217 433 Mental Health Court may order patient's discharge . . . . . . . . . . . . . . . . . . . 217 434 Patient's other remedies not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 PART 10--MISCELLANEOUS PROVISIONS 435 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 CHAPTER 12--MENTAL HEALTH REVIEW TRIBUNAL PART 1--ESTABLISHMENT, JURISDICTION AND POWERS 436 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 437 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 438 Procedure of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 439 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 PART 2--TRIBUNAL MEMBERS AND STAFF 440 Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 441 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 442 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 443 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 444 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 445 Acting appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 446 Executive officer and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 PART 3--CONSTITUTION OF TRIBUNAL FOR HEARINGS 447 Members constituting tribunal for hearings . . . . . . . . . . . . . . . . . . . . . . . . . . 222 448 When tribunal may be constituted by less than 3 members . . . . . . . . . . . . . 223 449 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 PART 4--PARTICIPATION AND REPRESENTATION AT HEARINGS 450 Right of appearance--reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 451 Right of appearance--treatment applications . . . . . . . . . . . . . . . . . . . . . . . . 225 452 Right of appearance--application for approval for patient to move out of Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 453 Right of appearance--application for notification order . . . . . . . . . . . . . . . 226 454 Right of appearance--appeal against decision to exclude a visitor . . . . . . 226

22 Mental Health 455 Right of particular persons to attend hearing . . . . . . . . . . . . . . . . . . . . . . . . . 227 456 Tribunal may proceed in absence of involuntary patient . . . . . . . . . . . . . . . 227 PART 5--EXAMINATION AND CONFIDENTIALITY ORDERS 457 Tribunal may order examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 458 Confidentiality orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 PART 6--PROCEDURAL PROVISIONS 459 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 460 Hearing not open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 461 Way questions decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 462 Appointment of assistants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 463 Tribunal may adjourn hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 464 Submission and consideration of relevant material by non-party . . . . . . . . 231 465 Reasons for decision about non-party material . . . . . . . . . . . . . . . . . . . . . . . 231 466 Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 467 Inspection of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 468 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 469 Self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 470 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 471 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 472 Fabricating evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 473 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 474 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 475 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 476 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 PART 7--PROTECTION AND IMMUNITIES 477 Protection and immunities for tribunal members . . . . . . . . . . . . . . . . . . . . . 236 478 Other provisions about protection and immunities . . . . . . . . . . . . . . . . . . . . 236 PART 8--RULES AND PRACTICES 479 Rule-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 480 Directions about practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 481 Approved forms--president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237

23 Mental Health PART 9--MISCELLANEOUS PROVISIONS 482 Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 483 Judicial notice of particular signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 484 Arrangement of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 485 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 486 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 487 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 CHAPTER 13--ADMINISTRATION PART 1--DIRECTOR OF MENTAL HEALTH Division 1--Appointment, functions and powers 488 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 489 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 490 Powers--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 491 Independence of director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 492 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 493 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Division 2--Miscellaneous provisions 494 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 PART 2--AUTHORISED MENTAL HEALTH SERVICES, HIGH SECURITY UNITS AND ADMINISTRATORS 495 Declaration of authorised mental health services . . . . . . . . . . . . . . . . . . . . . 242 496 Declaration of high security units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 497 Declaration of administrators of authorised mental health services and high security units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 498 Delegations by administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 PART 3--AUTHORISED MENTAL HEALTH PRACTITIONERS AND APPROVED OFFICERS 499 Appointment of authorised mental health practitioners . . . . . . . . . . . . . . . . 243 500 Appointment of approved officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 501 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 502 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 503 Approval of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244

24 Mental Health PART 4--AUTHORISED DOCTORS 504 Who is an authorised doctor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 505 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 506 Register of authorised doctors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 CHAPTER 14--ENFORCEMENT, EVIDENCE AND LEGAL PROCEEDINGS PART 1--RETURN OF PATIENTS TO TREATING HEALTH SERVICE FOR ASSESSMENT OR TREATMENT 507 Authorised doctor may require involuntary patient's return . . . . . . . . . . . . . 245 508 Taking patient to authorised mental health service . . . . . . . . . . . . . . . . . . . 246 509 Administration of medication while being taken to authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 PART 2--ENTRY TO PLACES 510 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 511 Entry of places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 512 Application for warrant for apprehension of patient . . . . . . . . . . . . . . . . . . . 249 513 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 514 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 515 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 PART 3--USE OF REASONABLE FORCE FOR DETENTION AND TREATMENT 516 Use of reasonable force to detain person in authorised mental health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 517 Treatment of particular patients without consent and with use of reasonable force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 PART 4--OFFENCES 518 Offences relating to ill-treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 519 Offences relating to patients in custody absconding . . . . . . . . . . . . . . . . . . . 253 520 Other offences relating to absence of patients . . . . . . . . . . . . . . . . . . . . . . . 254 521 Obstruction of official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 522 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 PART 5--CONFIDENTIALITY 523 Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 524 Publication of reports and decisions on references--Mental Health Court and Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256

25 Mental Health 525 Publication of reports of other proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 257 526 Publication of information disclosing identity of parties to proceedings . . 258 527 Publication of information disclosed under notification order . . . . . . . . . . . 258 528 Confidentiality of information--officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 529 Confidentiality of information--allied persons and agents . . . . . . . . . . . . . 259 530 Disclosure of confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 PART 6--INVESTIGATIONS 531 Definition of "patient" for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 532 Approved officer may visit authorised mental health services . . . . . . . . . . 260 533 Approved officer may require production of documents etc. . . . . . . . . . . . . 261 PART 7--EVIDENCE AND LEGAL PROCEEDINGS 534 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 535 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 536 Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 PART 8--GENERAL 537 Compliance with particular provisions as soon as practicable . . . . . . . . . . 264 538 Compliance with provision to extent reasonably practicable . . . . . . . . . . . 265 539 Administrator taken to have complied with particular requirements . . . . . . 265 CHAPTER 15--MISCELLANEOUS PROVISIONS 540 Legal custody of particular patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 541 Taking patients to appear before court and return to treating health service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 542 Official to identify himself or herself before exercising powers . . . . . . . . . 266 543 Period counted as imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 544 When patient or surety not liable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 545 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 546 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 CHAPTER 16--REPEAL AND TRANSITIONAL PROVISIONS PART 1--REPEAL OF MENTAL HEALTH ACT 1974 547 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 PART 2--TRANSITIONAL PROVISIONS Division 1--Interpretation 548 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269

26 Mental Health 549 References to patient's treating health service . . . . . . . . . . . . . . . . . . . . . . . 269 Division 2--Provisions about admission, detention and removal to places of safety under part 3 of repealed Act 550 Application for admission and doctor's recommendation under s 18 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 551 In-patients detained in hospital under certificate of doctor under s 19 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 552 Warrants to remove to place of safety under s 25 of repealed Act . . . . . . . 270 553 Patients detained in hospital, under s 27 of repealed Act, following removal to place of safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 554 Patients detained under s 21 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . 271 555 Involuntary treatment orders must be made for particular patients . . . . . . . 272 556 Category of involuntary treatment orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 Division 3--Provisions about particular patients detained under part 4 of repealed Act 557 Persons detained under s 29(3) of repealed Act . . . . . . . . . . . . . . . . . . . . . . 272 558 Persons detained under s 29(4)(b) of repealed Act . . . . . . . . . . . . . . . . . . . 273 559 Persons detained under s 29A(2) or 29C of repealed Act are classified patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 560 Persons detained under s 31 or 32 of repealed Act are classified patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 561 Persons found not to be in need of detention under s 31A of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 562 Prisoners detained under s 43 of repealed Act are classified patients . . . . 274 563 Patients under 17 years detained in security patients' hospitals . . . . . . . . . 275 564 Court orders under s 43E of repealed Act for custody of persons during adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 Division 4--Provisions about transfer and leave of absence 565 Detention of restricted patients transferred to security patients' hospital . . 276 566 Leave of absence for restricted patients under pt 4 of repealed Act . . . . . . 276 567 Leave of absence for other patients . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 568 Return of patients absent without leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 Division 5--Reviews by Patient Review Tribunal 569 Reviews by Patient Review Tribunal under ss 15 and 21 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 570 Reviews by Patient Review Tribunal under s 36 of repealed Act . . . . . . . . 279

27 Mental Health 571 Timing of reviews by Mental Health Review Tribunal . . . . . . . . . . . . . . . . 279 572 Reviews of mental condition of persons to decide fitness for trial . . . . . . . 280 573 When proceedings discontinued for particular persons to whom s 34 of repealed Act applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 574 Reviews of mental condition of persons following section 613 or 645 finding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 575 Trial of persons following section 613 or 645 finding . . . . . . . . . . . . . . . . . . 282 576 When proceedings discontinued for particular persons to whom s 38 of repealed Act applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 Division 6--Examinations, references and orders for persons charged with offences 577 Application of ch 7 to particular patients detained under pt 4 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 578 References of mental condition of persons not started . . . . . . . . . . . . . . . . . 284 579 References of mental condition of persons being heard . . . . . . . . . . . . . . . . 284 580 Determinations and orders on references to Mental Health Tribunal . . . . . 285 581 Orders by Minister under ss 38 and 39 of repealed Act . . . . . . . . . . . . . . . . 285 582 Elections under s 43C of repealed Act to go to trial . . . . . . . . . . . . . . . . . . . 286 Division 7--Appeals and inquiries 583 Appeals against Patient Review Tribunal decisions . . . . . . . . . . . . . . . . . . . 286 584 Appeals against Mental Health Tribunal decisions . . . . . . . . . . . . . . . . . . . 287 585 Inquiries under s 70 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 Division 8--Miscellaneous provisions 586 Director of Mental Health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 587 Committees continued under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . 288 588 Mental Health Court or tribunal may make orders about transition from repealed Act to this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 589 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 CHAPTER 17--AMENDMENTS OF ACTS 590 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 290 AMENDMENTS OF ACTS PART 1--AMENDMENTS OF MENTAL HEALTH ACT 1974 COMMENCING ON ASSENT

28 Mental Health PART 2--AMENDMENTS OF ACTS COMMENCING AFTER ASSENT ABORIGINAL LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 ASSOCIATIONS INCORPORATION ACT 1981 . . . . . . . . . . . . . . . . . . . . . 292 AUCTIONEERS AND AGENTS ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . 292 BAIL ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 BEACH PROTECTION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 BUILDING AND CONSTRUCTION INDUSTRY (PORTABLE LONG SERVICE LEAVE) ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . . . 294 CHICKEN MEAT INDUSTRY COMMITTEE ACT 1976 . . . . . . . . . . . . . . 294 COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 COMMISSIONS OF INQUIRY ACT 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . 294 CORRECTIVE SERVICES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 CRIMES (CONFISCATION) ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 CRIMINAL OFFENCE VICTIMS ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . 300 DAIRY INDUSTRY ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 DENTAL ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 DISPUTE RESOLUTION CENTRES ACT 1990 . . . . . . . . . . . . . . . . . . . . . 301 DISTRICT COURT ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 GRAIN RESEARCH FOUNDATION ACT 1976 . . . . . . . . . . . . . . . . . . . . . 302 GUARDIANSHIP AND ADMINISTRATION ACT 2000 . . . . . . . . . . . . . . . 303 HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 HOSPITALS FOUNDATIONS ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . 304 INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . . 304 JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304

29 Mental Health LAW REFORM COMMISSION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . 305 LEGISLATIVE STANDARDS ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 LIMITATION OF ACTIONS ACT 1974 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 MEDICAL ACT 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 NATIONAL TRUST OF QUEENSLAND ACT 1963 . . . . . . . . . . . . . . . . . . 307 NEWSTEAD HOUSE TRUST ACT 1939 . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 PENALTIES AND SENTENCES ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . 308 POLICE POWERS AND RESPONSIBILITIES ACT 2000 . . . . . . . . . . . . . 308 POWERS OF ATTORNEY ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 PUBLIC SERVICE ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . . 310 QUEENSLAND HERITAGE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 QUEENSLAND INSTITUTE OF MEDICAL RESEARCH ACT 1945 . . . . 310 RACING AND BETTING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 RACING VENUES DEVELOPMENT ACT 1982 . . . . . . . . . . . . . . . . . . . . . 311 REGISTRATION OF BIRTHS, DEATHS AND MARRIAGES ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 SANCTUARY COVE RESORT ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 311 SECURITY PROVIDERS ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . 312 STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 SUCCESSION ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 SUPREME COURT OF QUEENSLAND ACT 1991 . . . . . . . . . . . . . . . . . . 313 TORRES STRAIT ISLANDER LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . 313 TRANSPLANTATION AND ANATOMY ACT 1979 . . . . . . . . . . . . . . . . . 313 TRUSTS ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 316 DICTIONARY ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . 333

2000 A BILL FOR An Act about treating and protecting people who have mental illnesses, and for other purposes

s1 32 s4 Mental Health The Parliament of Queensland enacts-- 1 CHAPTER 1--PRELIMINARY 2 ART 1--INTRODUCTION 3 P title 4 Short 1. This Act may be cited as the Mental Health Act 2000. 5 6 Commencement 2.(1) Section 590 and schedule 1, part 1, commence on assent. 7 (2) The remaining provisions of this Act commence on a day to be fixed 8 by proclamation. 9 binds all persons 10 Act 3.(1) This Act binds all persons, including the State and, as far as the 11 legislative power of the Parliament permits, the Commonwealth and all the 12 other States. 13 (2) Nothing in this Act makes the State liable to be prosecuted for an 14 offence. 15 ART 2--PURPOSE AND APPLICATION OF ACT 16 P of Act 17 Purpose 4. The purpose of this Act is to provide for the involuntary assessment 18 and treatment, and the protection, of persons (whether adults or minors) 19 who have mental illnesses while at the same time safeguarding their rights. 20

s5 33 s7 Mental Health purpose of Act is to be achieved 1 How 5. The purpose of this Act is to be achieved in the following ways-- 2 (a) providing for the detention, examination, admission, assessment 3 and treatment of persons having, or believed to have, a mental 4 illness; 5 (b) establishing the Mental Health Review Tribunal to, among other 6 things-- 7 (i) carry out reviews relating to involuntary patients; and 8 (ii) hear applications to administer or perform particular 9 treatments;1 10 (c) establishing the Mental Health Court to, among other things, 11 decide the state of mind of persons charged with criminal 12 offences;2 13 (d) providing for the making of arrangements for-- 14 (i) the transfer to other States of involuntary patients; and 15 (ii) the transfer to Queensland of persons who have mental 16 illnesses. 17 of Act 18 Application 6. This Act does not prevent a person who has a mental illness being 19 admitted to, or receiving assessment or treatment at, an authorised mental 20 health service other than as an involuntary patient. 21 22 Attachment--flowcharts 7.(1) The attachment to this Act shows the way in which provisions of 23 this Act apply in particular circumstances and how the provisions relate to 24 each other. 25 1 For the tribunal's jurisdiction, see chapter 12 (Mental Health Review Tribunal), part 1 (Establishment, jurisdiction and powers). 2 For the Mental Health Court's jurisdiction, see chapter 11 (Mental Health Court), part 1 (Establishment, constitution, jurisdiction and powers).

s8 34 s8 Mental Health (2) The attachment does not form part of this Act. 1 (3) If the provisions are amended, the attachment must be revised so that 2 it is accurate. 3 (4) The revision must be made in the first reprint of this Act after the 4 amendments. 5 ART 3--PRINCIPLES FOR ADMINISTRATION 6 P OF ACT 7 principles for administration of Act 8 General 8. The following principles apply to the administration of this Act in 9 relation to a person who has a mental illness-- 10 (a) Same human rights 11 � the right of all persons to the same basic human rights must 12 be recognised and taken into account; 13 � a person's right to respect for his or her human worth and 14 dignity as an individual must be recognised and taken into 15 account; 16 (b) Matters to be considered in making decisions 17 � to the greatest extent practicable, a person is to be encouraged 18 to take part in making decisions affecting the person's life, 19 especially decisions about treatment; 20 � to the greatest extent practicable, in making a decision about 21 a person, the person's views and the effect on his or her 22 family or carers are to be taken into account; 23 � a person is presumed to have capacity to make decisions 24 about the person's assessment, treatment and choosing of an 25 allied person; 26 (c) Provision of support and information 27 � to the greatest extent practicable, a person is to be provided 28

s8 35 s8 Mental Health with necessary support and information to enable the person 1 to exercise rights under this Act, including, for example, 2 facilitating access to independent help to represent the 3 person's point of view; 4 (d) Achievement of maximum potential and self-reliance 5 � to the greatest extent practicable, a person is to be helped to 6 achieve maximum physical, social, psychological and 7 emotional potential, quality of life and self-reliance; 8 (e) Acknowledgment of needs 9 � a person's age-related, gender-related, religious, cultural, 10 language, communication and other special needs must be 11 taken into account; 12 (f) Maintenance of supportive relationships and community 13 participation 14 � the importance of a person's continued participation in 15 community life and maintaining existing supportive 16 relationships are to be taken into account to the greatest 17 extent practicable, including, for example, by treatment in the 18 community in which the person lives; 19 (g) Maintenance of environment and values 20 � to the greatest extent practicable, a person's cultural and 21 linguistic environment, and set of values (including religious 22 beliefs) must be maintained; 23 (h) Provision of treatment 24 � treatment provided under this Act must be administered to a 25 person who has a mental illness only if it is appropriate to 26 promote and maintain the person's mental health and 27 wellbeing. 28 (i) Confidentiality 29 � a person's right to confidentiality of information about the 30 person must be recognised and taken into account.3 31 3 See chapter 14 (Enforcement, evidence and legal proceedings), part 5 (Confidentiality)

s9 36 s 12 Mental Health for exercising powers and performing functions 1 Principles 9. A power or function under this Act relating to a person who has a 2 mental illness must be exercised or performed so that-- 3 (a) the person's liberty and rights are adversely affected only if there 4 is no less restrictive way to protect the person's health and safety 5 or to protect others; and 6 (b) any adverse effect on the person's liberty and rights is the 7 minimum necessary in the circumstances. 8 PART 4--INTERPRETATION 9 Division 1--Dictionary and notes in text 10 11 Definitions 10. The dictionary in schedule 2 defines particular words used in this Act. 12 in text 13 Notes 11. A note in the text of this Act is part of the Act. 14 2--Key definitions 15 Division is "mental illness" 16 What 12.(1) "Mental illness" is a condition characterised by a clinically 17 significant disturbance of thought, mood, perception or memory. 18 (2) However, a person must not be considered to have a mental illness 19 merely because of any 1 or more of the following-- 20 (a) the person holds or refuses to hold a particular religious, cultural, 21 philosophical or political belief or opinion; 22 (b) the person is a member of a particular racial group; 23

s 13 37 s 13 Mental Health (c) the person has a particular economic or social status; 1 (d) the person has a particular sexual preference or sexual orientation; 2 (e) the person engages in sexual promiscuity; 3 (f) the person engages in immoral or indecent conduct; 4 (g) the person takes drugs or alcohol; 5 (h) the person has an intellectual disability; 6 (i) the person engages in antisocial behaviour or illegal behaviour; 7 (j) the person is or has been involved in family conflict; 8 (k) the person has previously been treated for mental illness or been 9 subject to involuntary assessment or treatment. 10 (3) Subsection (2) does not prevent a person mentioned in the subsection 11 having a mental illness. 12 13 Examples for subsection (3)-- 14 1. A person may have a mental illness caused by taking drugs or alcohol. 15 2. A person may have a mental illness as well as an intellectual disability. (4) On an assessment, a decision that a person has a mental illness must 16 be made in accordance with internationally accepted medical standards.4 17 are the "assessment criteria" 18 What 13.(1) The "assessment criteria" for a person, are all of the following, 19 based on available information-- 20 (a) the person appears to have a mental illness; 21 (b) the person requires immediate assessment; 22 (c) the assessment can properly be made at an authorised mental 23 health service; 24 (d) there is a risk that the person may-- 25 (i) cause harm to himself or herself or someone else; or 26 4 See United Nations Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care, principle 4, paragraph 1.

s 14 38 s 14 Mental Health (ii) suffer serious mental or physical deterioration; 1 (e) there is no less restrictive way of ensuring the person is assessed. 2 (2) Also, for chapter 2, the "assessment criteria" for a person include-- 3 (a) lacking the capacity to consent to be assessed; or 4 (b) having unreasonably refused to be assessed. 5 (3) Despite the Guardianship and Administration Act 2000 and the 6 Powers of Attorney Act 1998, the person's own consent only is relevant for 7 subsection (2). 8 9 Example for subsection (3)-- 10 If a guardian has been appointed under the Guardianship and Administration Act 11 2000 for a person, the guardian's consent to the person's assessment is not 12 effective. are the "treatment criteria" 13 What 14.(1) The "treatment criteria" for a person, are all of the following-- 14 (a) the person has a mental illness; 15 (b) the person's illness requires immediate treatment; 16 (c) the proposed treatment is available at an authorised mental health 17 service; 18 (d) because of the person's illness-- 19 (i) there is an imminent risk that the person may cause harm to 20 himself or herself or someone else; or 21 (ii) the person is likely to suffer serious mental or physical 22 deterioration; 23 (e) there is no less restrictive way of ensuring the person receives 24 appropriate treatment for the illness; 25 (f) the person-- 26 (i) lacks the capacity to consent to be treated for the illness; or 27 (ii) has unreasonably refused proposed treatment for the illness. 28 (2) Despite the Guardianship and Administration Act 2000 and the 29

s 15 39 s 16 Mental Health Powers of Attorney Act 1998, the person's own consent only is relevant for 1 subsection (1)(f). 2 CHAPTER 2--INVOLUNTARY ASSESSMENT 3 PART 1--INTERPRETATION 4 of "authorised mental health service" for ch 2 5 Definition 15. In this chapter-- 6 "authorised mental health service" means-- 7 (a) an authorised mental health service, other than a high security 8 unit; or 9 (b) a public hospital if there is no authorised mental health service 10 readily accessible for a person's examination or assessment. 11 12 Example of application of paragraph (b)-- 13 If there is no authorised mental health service in a remote or rural area of 14 the State, the person may be assessed at a public hospital in the area. PART 2--REQUIREMENTS FOR INVOLUNTARY 15 ASSESSMENT 16 Division 1--Preliminary 17 ssessment documents 18 A 16. For this chapter, the documents required to authorise a person's 19 assessment at an authorised mental health service ("assessment 20 documents") are-- 21

s 17 40 s 19 Mental Health (a) a request, that complies with this part, for the person's 1 assessment at an authorised mental health service (a "request for 2 assessment"); and 3 (b) a recommendation, that complies with this part, for the person's 4 assessment (a "recommendation for assessment"). 5 6 Note-- 7 In some cases, before assessment documents can be made for a person, it may be 8 necessary to obtain a justices or emergency examination order for the person under 9 part 3, division 2 or 3. Division 2--Request for assessment 10 may make request for assessment 11 Who 17. A request for assessment for a person must be made by someone 12 who-- 13 (a) is an adult; and 14 (b) reasonably believes the person has a mental illness of a nature, or 15 to an extent, that involuntary assessment is necessary; and 16 (c) has observed the person within 3 days before making the request. 17 request for assessment 18 Making 18. A request for assessment must be in the approved form. 19 Division 3--Recommendation for assessment 20 may make recommendation for assessment 21 Who 19.(1) A recommendation for assessment for a person may only be 22 made by a doctor or authorised mental health practitioner who has examined 23 the person within the preceding 3 days. 24 (2) However, a doctor or authorised mental health practitioner must not 25 make a recommendation for assessment for a relative of the doctor or 26 practitioner. 27

s 20 41 s 23 Mental Health (3) An examination mentioned in subsection (1) may be carried out using 1 audiovisual link facilities. 2 recommendation for assessment 3 Making 20.(1) A recommendation for assessment must-- 4 (a) be in the approved form; and 5 (b) state the facts on which it is based; and 6 (c) distinguish between the facts known because of personal 7 observation and facts communicated by others. 8 (2) A doctor or authorised mental health practitioner must not make a 9 recommendation for assessment for a person unless the doctor or 10 practitioner is satisfied the assessment criteria apply to the person. 11 long recommendation for assessment is in force 12 How 21. A recommendation for assessment is in force for 7 days after it is 13 made. 14 4--Miscellaneous provisions 15 Division request for assessment may be made and when it is in force 16 When 22.(1) A request for assessment for a person may only be made within 17 7 days before or after a recommendation for assessment for the person is 18 made. 19 (2) A request for assessment for a person, whether made before or after 20 the recommendation for assessment for the person, is in force only while 21 the recommendation for assessment for the person is in force. 22 documents must be made by different persons 23 Assessment 23. A request and recommendation for assessment must be made by 24 different persons. 25

s 24 42 s 25 Mental Health making request must not be relative of practitioner making 1 Person recommendation 2 24. The person making a request for assessment for a person must not be 3 an employee or relative of the doctor or authorised mental health practitioner 4 making the recommendation for assessment for the person. 5 PART 3--PROCEDURES LEADING TO 6 INVOLUNTARY ASSESSMENT 7 1--Provisions about taking persons to authorised mental 8 Division health services for involuntary assessment 9 person to authorised mental health service 10 Taking 25.(1) A health practitioner or ambulance officer may take a person for 11 whom assessment documents are in force to an authorised mental health 12 service for assessment.5 13 (2) For subsection (1), the health practitioner or ambulance officer-- 14 (a) may exercise the power with the help, and using the force, that is 15 reasonable in the circumstances; and 16 (b) is a public official for the Police Powers and Responsibilities 17 Act 2000.6 18 (3) If asked by a health practitioner or ambulance officer, a police officer 19 must, as soon as reasonably practicable, ensure reasonable help is given. 20 (4) For giving the help, a police officer is taken to have responded to a 21 request by a public official under the Police Powers and Responsibilities 22 Act 2000, section 14(3). 23 5 For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places). 6 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 26 43 s 26 Mental Health (5) In exercising the power under subsection (1), the health practitioner or 1 ambulance officer must, to the extent that it is reasonable and practicable in 2 the circumstances-- 3 (a) tell the person that assessment documents are in force for the 4 person; and 5 (b) explain to the person, in general terms, the nature and effect of the 6 assessment documents. 7 7 (6) Failure to comply with subsection (5) does not affect the validity of 8 the exercise of the power. 9 of medication while being taken to authorised mental 10 Administration health service 11 26.(1) Despite the absence or refusal of the person's consent, medication 12 may be administered to the person while being taken to the authorised 13 mental health service. 14 (2) However, the medication-- 15 (a) may be administered to the person only if a doctor is satisfied it is 16 necessary to ensure the safety of the person or others while being 17 taken to the health service; and 18 (b) must be administered by a doctor or a registered nurse under the 19 instruction of a doctor. 20 (3) The doctor or nurse may administer the medication with the help, and 21 using the force, that is reasonable in the circumstances. 22 (4) For subsection (2)(b), the doctor's instruction must include the 23 medication's name, the dose and route and frequency of administration. 24 (5) A doctor or nurse who administers medication under this section 25 must keep a written record of the matters mentioned in subsection (4). 26 7 See also section 542 (Official to identify himself or herself before exercising powers)

s 27 44 s 28 Mental Health (6) This section applies despite the Guardianship and Administration Act 1 2000, chapter 5, part 2, division 1.8 2 2--Justices examination orders 3 Division for order 4 Application 27.(1) A person may apply to a magistrate or justice of the peace 5 (qualified) for an order under this division (a "justices examination 6 order") for another person. 7 (2) The application for the order must-- 8 (a) be made by-- 9 (i) if made to a magistrate--filing an application in the approved 10 form with the registrar of a Magistrates Court; or 11 (ii) if made to a justice of the peace (qualified)--giving an 12 application in the approved form to the justice; and 13 (b) be sworn and state the grounds on which it is made. 14 (3) The application may be made even if the applicant has not made a 15 request for assessment for the person. 16 17 Note-- 18 A request for assessment for the person may be made by the applicant or someone 19 else. 20 For the person to be taken to an authorised mental health service for assessment, 21 assessment documents must be in force for the person, see section 25(1). of order 22 Making 28.(1) A magistrate or justice of the peace (qualified) may make a 23 justices examination order relating to a person only if the magistrate or 24 justice reasonably believes-- 25 8 Guardianship and Administration Act 1999, chapter 5 (Health matters and special health matters), part 2 (Scheme for health care and special health care), division 1 (Health care--no consent).

s 29 45 s 30 Mental Health (a) the person has a mental illness; and 1 (b) the person should be examined by a doctor or authorised mental 2 health practitioner to decide whether a recommendation for 3 assessment for the person be made; and 4 (c) the examination can not be properly carried out unless the order is 5 made. 6 (2) The order must be in the approved form. 7 after making order 8 Procedures 29.(1) If a justices examination order is made by a magistrate, the 9 registrar of the Magistrates Court with whom the application for the order is 10 filed must send the order and a copy of the application documents to the 11 administrator of an authorised mental health service. 12 (2) If a justices examination order is made by a justice of the peace 13 (qualified), the justice must-- 14 (a) send the order and a copy of the application documents to the 15 administrator of an authorised mental health service; and 16 (b) send a copy of the order to the registrar of the Magistrates Court 17 stated in the order. 18 (3) If the registrar or justice sends the documents to an authorised mental 19 health service by facsimile, the registrar or justice must send the original of 20 the order and a copy of the application documents to the health service. 21 of order 22 Effect 30.(1) The justices examination order authorises a doctor or authorised 23 mental health practitioner to examine the person to decide whether a 24 recommendation for assessment for the person should be made. 25 26 Note-- 27 If a recommendation for assessment for the person is made, the person may only 28 be taken to an authorised mental health service for assessment if a request for 29 assessment for the person is also made, see section 25(1). (2) For subsection (1), the doctor or practitioner may enter a place stated 30 in the order or another place the doctor or practitioner reasonably believes 31

s 30 46 s 30 Mental Health the person may be found. 1 (3) The doctor or practitioner may exercise a power under this 2 section with the help that is reasonable in the circumstances. 3 (4) For subsections (1) and (2)-- 4 (a) the doctor or practitioner is a public official for the Police Powers 5 and Responsibilities Act 2000;9 and 6 (b) a police officer may detain the person at the place for the 7 examination to be carried out by a doctor or authorised mental 8 health practitioner.10 9 (5) If asked by the doctor or practitioner, a police officer must, as soon as 10 reasonably practicable, ensure reasonable help is given. 11 (6) For giving the help, a police officer is taken to have responded to a 12 request by a public official under the Police Powers and Responsibilities 13 Act 2000, section 14(3). 14 (7) In exercising a power under this section, the doctor or practitioner 15 must, to the extent that it is reasonable and practicable in the 16 circumstances-- 17 (a) explain to the person, in general terms, the nature and effect of the 18 order; and 19 (b) produce the order to the person for inspection.11 20 (8) Production by the doctor or practitioner of a facsimile copy of the 21 order is sufficient compliance with subsection (7)(b). 22 (9) Failure to comply with subsection (7) does not affect the validity of 23 the exercise of the power. 24 9 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts). 10 For a police officer's entry and search powers, see the Police Powers and Responsibilities Act 2000, section 19 (General power to enter to arrest or detain someone or enforce warrant). 11 See also section 542 (Official to identify himself or herself before exercising powers).

s 31 47 s 33 Mental Health (10) A power under this section may be exercised at any reasonable time 1 of the day or night. 2 of order 3 Duration 31.(1) The justices examination order must state the time when it is to 4 end. 5 (2) The stated time must be not more than 7 days after the order is made. 6 (3) The order ends at the stated time. 7 to director 8 Notifications 32.(1) If a recommendation for assessment for the person is not made 9 after the person's examination under the justices examination order, the 10 examining doctor or authorised mental health practitioner must give to the 11 director-- 12 (a) notice in the approved form; and 13 (b) a copy of the order and a copy of the application documents. 14 (2) If, an examination of the person is not carried out under the justices 15 examination order before it ends, the administrator of the authorised mental 16 health service to whom the order was sent must give to the director-- 17 (a) notice in the approved form; and 18 (b) a copy of the order and a copy of the application documents. 19 Division 3--Emergency examination orders 20 Subdivision 1--Emergency examination orders by police officers and 21 ambulance officers 22 of sdiv 1 23 Application 33. This subdivision applies if a police officer or an ambulance officer 24 reasonably believes-- 25 (a) a person has a mental illness; and 26

s 34 48 s 35 Mental Health (b) because of the person's illness there is an imminent risk of 1 significant physical harm being sustained by the person or 2 someone else;12 and 3 (c) proceeding under division 2 would cause dangerous delay and 4 significantly increase the risk of harm to the person or someone 5 else; and 6 (d) the person should be taken to an authorised mental health service 7 for examination to decide whether a request and recommendation 8 for assessment should be made for the person. 9 person to authorised mental health service 10 Taking 34. The police officer or ambulance officer must take the person to an 11 authorised mental health service for examination to decide whether 12 assessment documents for the person should be made. 13 of emergency examination order 14 Making 35.(1) Immediately after taking the person to the authorised mental health 15 service, the police officer or ambulance officer must make an order under 16 this subdivision (an "emergency examination order (police or 17 ambulance officer)") for the person. 18 (2) The order must-- 19 (a) be in the approved form; and 20 (b) state the time when it is made. 21 (3) Immediately after making the order, the police officer or ambulance 22 officer must give the order to a health service employee at the health service. 23 (4) The person may be detained in the health service while the order is 24 being made. 25 12 For a police officer's power to enter a place to prevent an offence, injury or domestic violence, see the Police Powers and Responsibilities Act 2000, section 300 (Entry of place to prevent offence, injury or domestic violence).

s 36 49 s 38 Mental Health and examination 1 Detention 36.(1) On the making of the order, the person may be detained for not 2 longer than 6 hours (the "examination time") in the authorised mental 3 health service for examination by a doctor or authorised mental health 4 practitioner. 5 (2) In carrying out the examination, the doctor or practitioner must, to the 6 extent that it is reasonable and practicable in the circumstances explain to the 7 person, in general terms, the application of this subdivision to the person.13 8 2--Emergency examination orders by psychiatrists 9 Subdivision of sdiv 2 10 Application 37. This subdivision applies if a psychiatrist is satisfied-- 11 (a) a person has a mental illness; and 12 (b) because of the person's illness there is an imminent risk of 13 significant physical harm being sustained by the person or 14 someone else;14 and 15 (c) proceeding under division 2 would cause dangerous delay and 16 significantly increase the risk of harm to the person or someone 17 else; and 18 (d) the person should be taken to an authorised mental health service 19 for examination to decide whether a request and recommendation 20 for assessment should be made for the person. 21 of emergency examination order 22 Making 38.(1) The psychiatrist may make an order under this subdivision (an 23 13 See also section 542 (Official to identify himself or herself before exercising powers). 14 For a police officer's power to enter a place to prevent an offence, injury or domestic violence, see the Police Powers and Responsibilities Act 2000, section 300 (Entry of place to prevent offence, injury or domestic violence).

s 39 50 s 41 Mental Health "emergency examination order (psychiatrist)") for the person. 1 (2) The order must be in the approved form. 2 of person to authorised mental health service for examination 3 Taking 39. The psychiatrist, or a police officer or ambulance officer may take the 4 person to an authorised mental health service for examination to decide 5 whether assessment documents for the person should be made.15 6 and examination 7 Detention 40.(1) On production of the examination order for the person to a health 8 service employee at the authorised mental health service, the person may be 9 detained for not longer than 6 hours (the "examination time") in the health 10 service for examination by a doctor or authorised mental health practitioner. 11 (2) The examination time starts when the order is produced to the health 12 service employee. 13 (3) For subsection (2), the health service employee must write on the 14 order the time of its production. 15 (4) In carrying out the examination, the doctor or practitioner must, to the 16 extent that it is reasonable and practicable in the circumstances explain to the 17 person, in general terms, the application of this subdivision to the person.16 18 3--General 19 Subdivision if assessment documents not made 20 Procedure 41. If assessment documents are not made for a person the subject of an 21 emergency examination order at the end of the examination time for the 22 person, the administrator of the authorised mental health service to which 23 15 For a police officer's power to enter a place to prevent an offence, injury or domestic violence, see the Police Powers and Responsibilities Act 2000, section 300 (Entry of place to prevent offence, injury or domestic violence). 16 See also section 542 (Official to identify himself or herself before exercising powers).

s 42 51 s 44 Mental Health the person was taken for examination must, as soon as practicable-- 1 (a) make arrangements for the person's return to the place from 2 which the person was taken for the examination or for the person 3 to be taken to another place the person reasonably asks to be 4 taken; and 5 (b) give to the director-- 6 (i) notice in the approved form; and 7 (ii) a copy of the order. 8 PART 4--DETENTION AS INVOLUNTARY PATIENT 9 FOR INVOLUNTARY ASSESSMENT 10 Division 1--Preliminary 11 of pt 4 12 Application 42. This part applies to a person for whom assessment documents are in 13 force.17 14 of pt 4 15 Purpose 43. The purpose of this part is to provide for the person's detention for 16 assessment in an authorised mental health service. 17 Division 2--Involuntary assessment 18 for assessment 19 Detention 44.(1) The person may be detained in an authorised mental health service 20 for assessment for the assessment period. 21 17 Part 2, states the requirements for assessment documents.

s 45 52 s 45 Mental Health 1 Note-- 2 The assessment period is initially not longer than 24 hours or, if that period is 3 extended or further extended under section 47, the extended period, see schedule 2 4 (Dictionary), definition "assessment period". (2) The assessment period starts-- 5 (a) if the person is not a patient in the health service--when the 6 person is received at the health service for the assessment and the 7 assessment documents are produced to a health service employee 8 at the health service; or 9 (b) if the person is a patient in the health service--when assessment 10 documents for the person-- 11 (i) are produced to a health practitioner at the health service; or 12 (ii) are made by health practitioners at the health service. 13 (3) For subsection (2), the health service employee or health practitioner 14 must write on the assessment documents the time when the assessment 15 period starts. 16 (4) On the production or making of the assessment documents for the 17 person under subsection (2), the person becomes an involuntary patient. 18 and other persons to be told about assessment 19 Patient 45. On becoming an involuntary patient, the administrator for the 20 authorised mental health service must ensure the following persons are told 21 about the patient's assessment under this division-- 22 (a) the patient; 23 (b) the patient's allied person; 24 (c) if the patient is a minor--a parent of the minor or the minor's 25 guardian; 26 (d) if the administrator reasonably believes the patient has a personal 27 attorney--the attorney; 28 (e) if the administrator reasonably believes the patient has a personal 29 guardian--the guardian. 30

s 46 53 s 48 Mental Health assessment 1 Initial 46.(1) As soon as practicable after the person becomes an involuntary 2 patient, an authorised doctor for the authorised mental health service must 3 make an assessment of the patient to decide whether the treatment criteria 4 apply to the patient. 5 6 Note-- 7 If, on the assessment, the authorised doctor is satisfied the treatment criteria apply 8 to the person, the doctor may make an involuntary treatment order for the patient, 9 see section 108. (2) The assessment may be carried out using audiovisual link facilities. 10 of assessment period 11 Extension 47.(1) An authorised doctor for the authorised mental health service may, 12 from time to time, by written declaration, extend the assessment period for 13 the patient for a further period of not longer than 24 hours. 14 (2) However, the patient must not be detained for assessment for more 15 than 72 hours. 16 (3) The doctor may make a declaration under subsection (1) only if the 17 doctor is satisfied the further period is necessary to carry out or finish the 18 assessment. 19 patient ceases to be involuntary patient 20 When 48.(1) If an authorised doctor for the authorised mental health service has 21 not made an involuntary treatment order for the patient at the end of the 22 assessment period for the patient-- 23 (a) the patient ceases to be an involuntary patient; and 24 (b) the doctor must tell the patient that the patient is no longer an 25 involuntary patient. 26 (2) However, the person may continue to be a patient of the authorised 27 mental health service other than as an involuntary patient. 28 (3) Subsection (4) applies if the person-- 29 (a) was taken to the health service for-- 30

s 49 54 s 49 Mental Health (i) assessment under part 3, division 1; or 1 (ii) examination under part 3, division 3, and assessment 2 documents were made for the person before the end of the 3 examination time for the person; and 4 (b) is not an in-patient of the health service. 5 (4) The administrator of the health service must, as soon as practicable, 6 make arrangements for the person's return to the place from which the 7 person was taken for the assessment or examination or for the person to be 8 taken to another place the person reasonably asks to be taken. 9 HAPTER 3--PERSONS BEFORE A COURT OR 10 C IN CUSTODY REQUIRING ASSESSMENT OR 11 DETENTION 12 PART 1--REQUIREMENTS FOR ASSESSMENT 13 Division 1--Preliminary 14 ssessment documents 15 A 49. For this chapter, the documents required to authorise a person's 16 detention in an authorised mental health service for assessment 17 ("assessment documents") are-- 18 (a) a recommendation, that complies with division 2, for the person's 19 assessment (a "recommendation for assessment"); and 20 (b) an agreement, that complies with division 3, for the person's 21 assessment (an "agreement for assessment"); and 22 (c) for assessment of a person to whom-- 23 (i) part 2 applies--a court assessment order for the person; or 24

s 50 55 s 52 Mental Health (ii) part 3 applies--a custodian's assessment authority for the 1 person. 2 2--Recommendations for assessment 3 Division may make recommendation for assessment 4 Who 50.(1) A recommendation for assessment for a person may only be 5 made by a doctor or an authorised mental health practitioner who has 6 examined the person within the preceding 3 days. 7 (2) However, a doctor or authorised mental health practitioner must not 8 make a recommendation for assessment for a relative of the doctor or health 9 practitioner. 10 (3) An examination mentioned in subsection (1) may be carried out using 11 audiovisual link facilities. 12 recommendation for assessment 13 Making 51.(1) A recommendation for assessment must-- 14 (a) be in the approved form; and 15 (b) state the facts on which it is based; and 16 (c) distinguish between the facts known because of personal 17 observation and facts communicated by others. 18 (2) A doctor or authorised mental health practitioner must not make a 19 recommendation for assessment for a person unless the doctor or 20 practitioner is satisfied the assessment criteria apply to the person. 21 long recommendation for assessment is in force 22 How 52. A recommendation for assessment is in force for 7 days after it is 23 made. 24

s 53 56 s 54 Mental Health Division 3--Agreements for assessment 1 may give agreement for assessment 2 Who 53.(1) An agreement for assessment for a person's assessment at an 3 authorised mental health service may be given by the administrator of the 4 health service or, if the health service is a public sector mental health service, 5 the director. 6 (2) However, the administrator of a high security unit must not give an 7 agreement for assessment for either of the following persons without the 8 director's approval-- 9 (a) a young person;18 10 (b) a person charged only with a simple offence. 11 (3) The director must not give the approval unless the director is satisfied 12 it is in the person's best interests to do so having regard to the following-- 13 (a) the person's mental state and psychiatric history; 14 (b) the person's treatment and security requirements; 15 (c) any offence with which the person is charged or for which the 16 person is serving a sentence of imprisonment or period of 17 detention. 18 agreement for assessment may be given by administrator 19 When 54.(1) The administrator of an authorised mental health service may give 20 an agreement for assessment for a person's assessment at the health service 21 if the administrator is satisfied the health service has the capacity to carry out 22 the assessment. 23 (2) For subsection (1), the administrator of an authorised mental health 24 service that is not a high security unit must be satisfied the person's 25 assessment at the health service does not present an unreasonable risk to the 26 safety of the person or others having regard to-- 27 18 For reviews of the detention of a young patient in high security unit, see chapter 6 (Tribunal reviews, notification orders and treatment applications), part 2 (Reviews by tribunal for young patients detained in high security units).

s 55 57 s 57 Mental Health (a) the person's criminal and psychiatric history; and 1 (b) the person's current treatment and security requirements. 2 agreement for assessment may be given by director 3 When 55. The director may give an agreement for assessment for a person's 4 assessment at a public sector mental health service only if-- 5 (a) the administrator of the health service has refused to give an 6 agreement under section 54; and 7 (b) on reviewing the administrator's decision and considering the 8 circumstances of the particular case, the director is satisfied about 9 the matters mentioned in-- 10 (i) section 54; and 11 (ii) if the person is a young person or charged only with a 12 simple offence--section 53(3). 13 long agreement for assessment is in force 14 How 56. An agreement for assessment is in force for 7 days after it is made. 15 ART 2--PERSONS HAVING A MENTAL ILLNESS 16 P BEFORE COURT 17 1--Court assessment orders 18 Division of div 1 19 Application 57. This division applies to a person charged with a simple or indictable 20 offence who is before a court. 21

s 58 58 s 60 Mental Health may make court assessment order for person 1 Court 58.(1) The court may make an order under this section (a "court 2 assessment order") for the person if-- 3 (a) a recommendation and agreement for assessment that are in force 4 for the person are given to the court; and 5 (b) the court is satisfied the person should be detained in an 6 authorised mental health service for assessment. 7 (2) The court assessment order must state the authorised mental health 8 service where the person's assessment is to be carried out. 9 (3) On the making of the court assessment order for the person, the court 10 must-- 11 (a) adjourn the proceedings for the offence with which the person is 12 charged; and 13 (b) remand the person accordingly. 14 powers if court assessment order is not made for person 15 Court's 59. If the court is satisfied the person can be assessed other than as an 16 in-patient of an authorised mental health service, the court must-- 17 (a) remand the person in custody or grant the person bail under the 18 Bail Act 1980, part 2;19 and 19 (b) ensure arrangements are made for the person's assessment. 20 Division 2--Orders by Supreme and District Courts if person pleads 21 guilty to indictable offence 22 for div 2 23 Definition 60. In this division-- 24 "offence" does not include an offence against a Commonwealth law. 25 19 Bail Act 1980, part 2 (Grant and enlargement of bail)

s 61 59 s 62 Mental Health of div 2 1 Application 61. This division applies if-- 2 (a) at the trial of a person charged with an indictable offence, the 3 person pleads guilty and it is alleged or appears the person is 4 mentally ill, or was, or may have been, mentally ill when the 5 alleged offence was committed; or 6 (b) on the appearance for sentence of a person who has pleaded guilty 7 to a charge of an indictable offence before a court and has been 8 committed by the court for sentence, it is alleged or appears the 9 person is mentally ill, or was, or may have been, mentally ill 10 when the alleged offence was committed. 11 or District Court may order plea of not guilty 12 Supreme 62.(1) The Supreme or District Court before which the person appears 13 may order a plea of not guilty be entered for the person for-- 14 (a) the indictable offence the person is charged with; and 15 (b) if, under the Criminal Code, section 651, a charge of a summary 16 offence laid against the person is to be heard and decided by the 17 court--the summary offence. 18 (2) On the making of the order, the court must-- 19 (a) adjourn the trial; and 20 (b) refer the matter of the person's mental condition relating to the 21 offence to the Mental Health Court;20 and 22 (c) remand the person in custody or grant the person bail under the 23 Bail Act 1980. 24 (3) If the court remands the person in custody, it may also make a court 25 assessment order for the person. 26 20 See chapter 7 (Examinations, references and orders for persons charged with offences), part 6 (Inquiries on references to Mental Health Court).

s 63 60 s 65 Mental Health reference to Mental Health Court is made 1 How 63.(1) The registrar of the Supreme or District Court must file notice of 2 the reference in the approved form in the Mental Health Court Registry. 3 (2) The notice must be accompanied by a copy of any medical report 4 produced in the court relating to the person's mental condition. 5 ART 3--PERSONS HAVING A MENTAL ILLNESS 6 P IN LAWFUL CUSTODY 7 of pt 3 8 Application 64.(1) This part applies to a person in lawful custody who-- 9 (a) has been charged with an indictable offence and is in custody 10 awaiting the start or continuation of committal or summary 11 proceedings for the offence; or 12 (b) has been committed for trial or sentence on a charge of an 13 indictable offence and is in custody pending the person's 14 appearance at a criminal sittings of the Supreme Court, District 15 Court or Childrens Court for the charge; or 16 (c) has been charged with a simple offence and is in custody awaiting 17 the hearing of the complaint for the offence; or 18 (d) is serving a sentence of imprisonment or detention for a period 19 under a court order. 20 (2) To remove any doubt, it is declared that an offence mentioned in 21 subsection (1) includes an offence against a Commonwealth law.21 22 assessment authority 23 Custodian's 65.(1) The person's custodian may authorise the person's assessment (a 24 "custodian's assessment authority") at an authorised mental health 25 21 See the Judiciary Act 1903 (Cwlth), section 68.

s 66 61 s 68 Mental Health service. 1 (2) The assessment authority must state the authorised mental health 2 service where the person's assessment is to be carried out. 3 of custodian's assessment authority 4 Making 66.(1) The person's custodian may make a custodian's assessment 5 authority for the person only if a recommendation and agreement for 6 assessment that are in force for the person are given to the custodian. 7 (2) The assessment authority for the person must be in the approved 8 form. 9 ART 4--DETENTION AS CLASSIFIED PATIENT ON 10 P COMPLETION OF ASSESSMENT DOCUMENTS 11 Division 1--Preliminary 12 of pt 4 13 Application 67. This part applies to a person for whom a court assessment order or 14 custodian's assessment authority is in force. 15 Division 2--Provisions about taking person to, and detaining person in, 16 authorised mental health service 17 person to authorised mental health service 18 Taking 68.(1) The person must be taken to an in-patient facility of the authorised 19 mental health service stated in the court assessment order or custodian's 20 assessment authority as soon as practicable after the order or authority is 21 made. 22 (2) For subsection (1), a police officer, correctional officer or detention 23 centre officer may take the person to the in-patient facility. 24

s 69 62 s 70 Mental Health (3) A correctional officer or detention centre officer may exercise the 1 power under subsection (2) with the help, and using the force, that is 2 reasonable in the circumstances.22 3 patients 4 Classified 69.(1) On production of the following assessment documents for the 5 person to a health service employee at the authorised mental health service, 6 the person becomes a classified patient-- 7 (a) the recommendation for assessment for the person; 8 (b) court assessment order or custodian's assessment authority. 9 (2) The classified patient may be detained in the health service. 10 (3) The patient is a classified patient until the patient ceases to be a 11 classified patient under section 78, 94, 99, 253 or 287.23 12 information about detention 13 Giving 70.(1) On becoming a classified patient, the administrator of the 14 authorised mental health service must-- 15 (a) give written notice to the director of the patient's detention as a 16 classified patient; and 17 (b) ensure the following persons are told about the patient's detention 18 as a classified patient-- 19 (i) the patient; 20 (ii) the patient's allied person; 21 (iii) if the patient is a minor--a parent of the minor or the 22 minor's guardian; 23 (iv) if the administrator reasonably believes the patient has a 24 personal attorney--the attorney; 25 (v) if the administrator reasonably believes the patient has a 26 22 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals). 23 For what happens on patient ceasing to be classified patient, see division 5.

s 71 63 s 71 Mental Health personal guardian--the guardian; and 1 (c) if the health service is a high security unit and the patient is a 2 young patient--give written notice to the tribunal of the patient's 3 detention as a classified patient. 4 (2) For a classified patient who is a person mentioned in section 64(1)(a), 5 (b) or (c), the director must give written notice to the chief executive for 6 justice of the patient's detention as a classified patient. 7 (3) The chief executive for justice must give written notice to the 8 following persons of the patient's detention as a classified patient-- 9 (a) the registrar of the court before which the patient is to appear for 10 the offence; 11 (b) the commissioner of the police service or the director of public 12 prosecutions as appropriate in the circumstances; 13 (c) if the patient is a child--the chief executive for families. 14 Division 3--Assessment and treatment as classified patient 15 assessment 16 Initial 71.(1) Within 3 days after the person becomes a classified patient, an 17 authorised doctor for the authorised mental health service must make an 18 assessment of the patient to decide whether the treatment criteria apply to the 19 patient. 20 21 Note-- 22 If, on the assessment, the authorised doctor is satisfied the treatment criteria apply 23 to the person, the doctor may make an involuntary treatment order for the patient, 24 see section 108. (2) If, on the assessment, the doctor decides the person has a mental 25 illness, the doctor must also decide whether the patient needs to be detained 26 in the health service as a classified patient for treatment for the illness. 27 (3) The doctor may, under subsection (2), decide the patient needs to be 28 detained in the health service even if the doctor reasonably believes limited 29

s 72 64 s 73 Mental Health community treatment may be authorised for the patient.24 1 (4) Subsection (2) applies regardless of whether the patient consents to 2 treatment for the illness. 3 plan for patient needing to be detained for treatment as 4 Treatment classified patient 5 72. If, on the assessment, the authorised doctor decides the patient needs 6 to be detained in the authorised mental health service as a classified patient 7 for treatment for a mental illness, the doctor must-- 8 (a) ensure a treatment plan is prepared for the patient;25 and 9 (b) talk to the patient about the patient's treatment under the treatment 10 plan. 11 assessments of patient 12 Regular 73.(1) The administrator of the authorised mental health service must 13 ensure an authorised psychiatrist for the health service carries out regular 14 assessments of the patient as required under the patient's treatment plan. 15 (2) The authorised psychiatrist must record details of each assessment in 16 the patient's clinical file. 17 (3) In carrying out an assessment, the psychiatrist must decide whether 18 the treatment criteria continue to apply to the patient. 19 (4) If, on an assessment, the psychiatrist decides the person has a mental 20 illness, the psychiatrist must also decide whether the patient needs to 21 continue to be detained in the health service as a classified patient for 22 treatment for the illness. 23 (5) The psychiatrist may, under subsection (4), decide the patient needs to 24 continue to be detained in the health service even if limited community 25 treatment has been authorised for the patient or the psychiatrist reasonably 26 24 See section 129 (Authorising limited community treatment). 25 See chapter 4 (Treatment of persons who have mental illnesses), part 2 (Treatment plans).

s 74 65 s 76 Mental Health believes limited community treatment may be authorised for the patient.26 1 (6) Subsection (4) applies regardless of whether the patient consents to 2 treatment for the illness. 3 doctor to report to director if patient does not need to be 4 Authorised detained for treatment 5 74.(1) This section applies if, on an initial or regular assessment of a 6 patient, an authorised doctor decides the patient does not need to continue to 7 be detained in the authorised mental health service as a classified patient for 8 treatment for the illness. 9 (2) The doctor must give the director a report stating the decision and the 10 reasons for the decision. 11 Division 4--Provisions about legal proceedings 12 of particular proceedings 13 Suspension 75. On the person becoming a classified patient, proceedings for any 14 offence, other than an offence against a Commonwealth law, against the 15 person are suspended until the person ceases to be a classified patient. 16 happens for proceedings for Commonwealth offences 17 What 76.(1) If, in a proceeding against a classified patient for an offence against 18 a Commonwealth law, the court remands the patient in custody for the 19 offence, the place of custody is to be the patient's treating health service. 20 21 Note-- 22 A person has ceased to be a classified patient when, under part 5, the patient is 23 returned to court or custody for the proceedings to continue. (2) To remove any doubt, it is declared that the patient continues to be a 24 classified patient until the patient ceases, under section 78(1) or part 5, to be 25 a classified patient. 26 26 See section 129 (Authorising limited community treatment).

s 77 66 s 79 Mental Health may grant bail and proceedings may be discontinued 1 Court 77. This part does not prevent-- 2 (a) a court making an order granting a classified patient bail under the 3 Bail Act 1980; or 4 (b) the prosecution of a classified patient for an offence being 5 discontinued at any time by the complainant or director of public 6 prosecutions. 7 patient ceases to be classified patient 8 When 78.(1) A patient ceases to be a classified patient if-- 9 (a) for an offence against any law-- 10 (i) a court makes an order granting the patient bail under the 11 Bail Act 1980; or 12 (ii) the prosecution of the patient for the offence is discontinued, 13 other than under the decision of the Attorney-General under 14 section 247(1)(b);27 or 15 (b) for an offence against a Commonwealth law--proceedings for the 16 offence are finally decided according to law and the patient is not 17 awaiting the start or continuation of proceedings for another 18 offence. 19 (2) However, subsection (1) does not apply if the patient is serving a 20 sentence of imprisonment or detention under a court order. 21 (3) Also, the patient may continue to be an involuntary patient under 22 another provision of this Act. 23 of patient ceasing to be classified patient 24 Notice 79. Within 7 days after a patient ceases, under section 78, to be a 25 classified patient, the administrator of the patient's treating health service 26 must give written notice of the ceasing to the following persons-- 27 (a) the patient; 28 27 Also, see section 253 (When patient ceases to be classified patient).

s 80 67 s 82 Mental Health (b) the patient's allied person; 1 (c) the director; 2 (d) if an involuntary treatment or forensic order is in force for the 3 patient--the tribunal. 4 Division 5--What happens on patient ceasing to be classified patient 5 of div 5 6 Application 80. This division applies if, under section 78, 99, 253 or 287, a patient 7 ceases to be a classified patient. 8 or other arrangements for admission for patients who cease to 9 Release be involuntary patients 10 81.(1) This section applies if, on the ceasing to be a classified patient, the 11 person is not an involuntary patient. 12 (2) The administrator of the health service must immediately-- 13 (a) release the person; or 14 (b) make arrangements for the person's admission to an authorised 15 mental health service that is not a high security unit. 16 detention of particular involuntary patients 17 Continued 82.(1) This section applies if, on the ceasing to be a classified patient, the 18 patient-- 19 (a) is an involuntary patient under an involuntary treatment order; and 20 (b) is detained in a high security unit. 21 (2) The patient may continue to be detained in the high security unit for 22 not longer than 3 days. 23 (3) However, the director may approve the continued detention of the 24 patient in the high security unit. 25 (4) The director may give an approval under subsection (3) only if the 26

s 83 68 s 84 Mental Health director is satisfied it is in the patient's best interests to do so having regard 1 to the following-- 2 (a) the patient's mental state and psychiatric history; 3 (b) the patient's treatment and security requirements. 4 ART 5--RETURN OF CLASSIFIED PATIENTS TO 5 P COURT OR CUSTODY 6 Division 1--Preliminary 7 of pt 5 8 Application 83.(1) This part applies if, on receiving a report under section 74 or at any 9 other time, the director is satisfied a classified patient does not need to be 10 detained in an authorised mental health service for treatment for a mental 11 illness. 12 13 Note-- 14 If the director is satisfied the patient still needs to be detained in the health 15 service, the director may approve that an authorised doctor for the health service 16 authorise limited community treatment for the patient, see section 129. (2) Also, this part applies if, after the end of the period for an initial 17 assessment under section 71(1)-- 18 (a) an involuntary treatment order is not made for the patient; and 19 (b) the patient asks that he or she no longer be detained in the health 20 service. 21 (3) However, subsection (2) does not apply if the patient is a forensic 22 patient. 23 of application of pt 5 24 Notice 84. If this part applies to the patient under section 83(2), the administrator 25

s 85 69 s 87 Mental Health of the authorised mental health service must give written notice of the 1 application of this part to the director. 2 Division 2--Patients under court assessment orders 3 of div 2 4 Application 85. This division applies if-- 5 (a) the director receives a notice for the patient under section 84 or is 6 satisfied this part applies to the patient under section 83(1); and 7 (b) a court assessment order is in force for the patient. 8 about patient not to be detained as classified patient 9 Notices 86.(1) The director must immediately give written notice to the chief 10 executive for justice stating this division applies to the patient. 11 (2) The chief executive for justice must immediately give written notice 12 to the following persons of the application of this division to the patient-- 13 (a) the registrar of the court in which proceedings for the offence that 14 led to the patient becoming a classified patient are to be heard; 15 (b) the commissioner of the police service or director of public 16 prosecutions as appropriate in the circumstances; 17 (c) if the patient is a child--the chief executive for families. 18 patient before court 19 Taking 87.(1) As soon as practicable after receiving the notice under 20 section 86(2), but in any case within 3 days, the commissioner of the police 21 service or director of public prosecutions must ensure the patient is brought 22 before the appropriate court to be dealt with according to law. 23 (2) A police officer may take the patient from the authorised mental 24 health service to appear before the court.28 25 28 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 88 70 s 90 Mental Health Division 3--Patients under custodian's assessment authorities 1 of div 3 2 Application 88. This division applies if-- 3 (a) the director receives a notice for the patient under section 84 or is 4 satisfied this part applies to the patient under section 83(1); and 5 (b) a custodian's assessment authority is in force for the patient. 6 to decide whether particular patients should be returned to 7 Director court 8 89.(1) This section applies if the patient is awaiting the start or 9 continuation of proceedings for the offence that led to the patient becoming a 10 classified patient. 11 (2) The director must decide whether the patient should-- 12 (a) under section 90, be returned to custody; or 13 (b) under section 91, be brought before the appropriate court to be 14 dealt with according to law. 15 (3) The director must not make a decision under subsection (2)(b) unless 16 the director is satisfied it is in the patient's best interests and it is proper and 17 expedient to do so. 18 custodian is to take custody of patient 19 When 90.(1) This section applies to a patient-- 20 (a) who is serving a sentence or imprisonment or detention under a 21 court order; or 22 (b) for whom the director has made a decision under section 89(2)(a). 23 (2) The director must immediately give written notice to the custodian 24 who made the custodian's assessment authority for the patient that this 25 section applies to the patient. 26 (3) Within 1 day after receiving the director's notice, the custodian must 27 cause a police officer, correctional officer or detention centre officer to take 28

s 91 71 s 92 Mental Health the patient from the authorised mental health service into the custodian's 1 custody. 2 (4) The police officer, correctional officer or detention centre officer may 3 take the patient from the authorised mental health service into the 4 custodian's custody. 5 (5) A correctional officer or detention centre officer may exercise the 6 power under subsection (4) with the help, and using the force, that is 7 reasonable in the circumstances.29 8 patient to be brought before court 9 When 91.(1) This section applies to a patient for whom the director has made a 10 decision under section 89(2)(b). 11 (2) The director must immediately give written notice to the following 12 persons stating that this section applies to the patient-- 13 (a) the chief executive for justice; 14 (b) the custodian who made the custodian's assessment authority for 15 the patient. 16 (3) The chief executive for justice must immediately give written notice 17 to the following persons of the application of this section to the patient-- 18 (a) the registrar of the court in which proceedings for the offence that 19 led to the patient becoming a classified patient are to be heard; 20 (b) the commissioner of the police service or director of public 21 prosecutions as appropriate in the circumstances; 22 (c) if the patient is a child--the chief executive for families. 23 patient before court 24 Taking 92.(1) As soon as practicable after receiving the notice under 25 section 91(3), but in any case within 3 days, the commissioner of the police 26 service or director of public prosecutions must ensure the patient is brought 27 before the appropriate court to be dealt with according to law. 28 29 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 93 72 s 95 Mental Health (2) A police officer may take the patient from the authorised mental 1 health service to appear before the court.30 2 4--Miscellaneous provisions 3 Division administrator's custody of patient ends 4 When 93. The administrator's custody of the patient ends when the patient is 5 taken from the authorised mental health service under section 90 or 92. 6 patient ceases to be classified patient 7 When 94.(1) The patient ceases to be a classified patient when the 8 administrator's custody of the patient ends. 9 (2) However, the patient may continue to be an involuntary patient under 10 another provision of this Act. 11 of patient ceasing to be classified patient 12 Notice 95. Within 7 days after a patient ceases, under section 94, to be a 13 classified patient, the administrator of the patient's treating health service 14 must give written notice of the ceasing to the following persons-- 15 (a) the patient's allied person; 16 (b) if an involuntary treatment or forensic order is in force for the 17 patient--the tribunal. 18 30 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 96 73 s 100 Mental Health PART 6--PROCEDURES FOLLOWING END OF 1 SENTENCE OR PAROLE 2 of pt 6 3 Application 96. This part applies to a person who, while serving a sentence of 4 imprisonment or detention under a court order, becomes a classified patient. 5 does not affect parole 6 Chapter 97. Nothing in this chapter prevents the classified patient from being 7 paroled. 8 to give notice of end of period of imprisonment or 9 Administrator detention or on parole 10 98. The administrator of the authorised mental health service must, at 11 least 7 days before the end of the patient's period of imprisonment or 12 detention or on the patient's parole, give written notice of the ending or 13 parole to the director. 14 patient ceases to be classified patient 15 When 99.(1) At the end of the patient's period of imprisonment or detention 16 under the court order or on the patient's parole, the patient ceases to be a 17 classified patient unless the patient is awaiting the start or continuation of 18 proceedings for an offence.31 19 (2) However, the patient may continue to be an involuntary patient under 20 another provision of this Act. 21 of patient ceasing to be classified patient 22 Notice 100. Within 7 days after a patient ceases, under section 99, to be a 23 classified patient, the administrator of the patient's treating health service 24 31 For what happens on patient ceasing to be classified patient, see part 4, division 5.

s 101 74 s 102 Mental Health must give written notice of the ceasing to the following persons-- 1 (a) the patient; 2 (b) the patient's allied person; 3 (c) if an involuntary treatment or forensic order is in force for the 4 patient--the tribunal. 5 ART 7--DETENTION IN AUTHORISED MENTAL 6 P HEALTH SERVICE DURING TRIAL 7 may order person's detention in authorised mental health 8 Court service 9 101.(1) This section applies if, after the start of the trial of a person 10 charged with an indictable offence, a court-- 11 (a) decides the person should be remanded in custody during an 12 adjournment of the trial; and 13 (b) because of the person's mental condition, is satisfied the person 14 should be detained in an authorised mental health service for 15 treatment or care during the adjournment. 16 (2) The court may order that the person be detained for treatment or care, 17 during the adjournment, in a stated authorised mental health service if there 18 is in force an agreement under this part for the person's detention. 19 may give agreement for detention 20 Who 102.(1) An agreement for a person's detention in an authorised mental 21 health service may be given by the administrator of the health service or the 22 director. 23 (2) However, an agreement must not be given for a young person's 24 detention in a high security unit. 25

s 103 75 s 106 Mental Health agreement for detention may be given by administrator 1 When 103.(1) The administrator of an authorised mental health service may 2 give an agreement for a person's detention in the health service if the 3 administrator is satisfied the health service has the capacity to detain the 4 person for treatment or care. 5 (2) For subsection (1), the administrator of an authorised mental health 6 service that is not a high security unit must be satisfied the person's 7 detention at the health service does not present an unreasonable risk to the 8 safety of the person or others having regard to-- 9 (a) the person's criminal and psychiatric history; and 10 (b) the person's current treatment and security requirements. 11 agreement for detention may be given by director 12 When 104. The director may give an agreement for a person's detention in a 13 public sector mental health service only if-- 14 (a) the administrator of the health service has refused to give an 15 agreement under section 103; and 16 (b) on reviewing the administrator's decision and considering the 17 circumstances of the particular case, the director is satisfied about 18 the matters mentioned in the section. 19 long agreement for detention is in force 20 How 105. An agreement for detention for a person is in force for 7 days after it 21 is made. 22 person to authorised mental health service and return to court 23 Taking 106.(1) A police officer, correctional officer or detention centre officer 24 may-- 25 (a) take the person to an in-patient facility of the authorised mental 26 health service stated in the court's order; and 27 (b) at the end of the adjournment, take the person from the health 28 service to appear before the court. 29

s 107 76 s 108 Mental Health (2) A correctional officer or detention centre officer may exercise the 1 power under subsection (1) with the help, and using the force, that is 2 reasonable in the circumstances.32 3 in authorised mental health service 4 Detention 107. The person may be detained under the court's order in the 5 authorised mental health service stated in the order. 6 HAPTER 4--TREATMENT OF PERSONS WHO 7 C HAVE MENTAL ILLNESSES 8 PART 1--INVOLUNTARY TREATMENT ORDERS 9 Division 1--Making and effect of involuntary treatment orders 10 of involuntary treatment order 11 Making 108.(1) If, on the assessment of a patient under chapter 2, part 4, or on an 12 initial or regular assessment under chapter 3, part 4, an authorised doctor for 13 an authorised mental health service is satisfied the treatment criteria apply to 14 the patient, the doctor may make an order under this section 15 (an "involuntary treatment order") for the patient. 16 (2) However, a psychiatrist must not make the order if the psychiatrist 17 made the recommendation for assessment under chapter 2 or 3 for the 18 patient. 19 (3) The order must-- 20 (a) be in the approved form; and 21 (b) state the following-- 22 32 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 109 77 s 111 Mental Health (i) the time when it is made; 1 (ii) the basis on which the doctor is satisfied the treatment 2 criteria apply to the patient, including the facts indicating 3 mental illness observed by the doctor; 4 (iii) the authorised mental health service responsible for ensuring 5 the person receives treatment. 6 (4) For an involuntary patient, other than a classified patient, the health 7 service stated in the order must not be a high security unit without the 8 director's prior agreement. 9 of order 10 Category 109.(1) In making the involuntary treatment order, the authorised doctor 11 must decide the category of the order. 12 (2) The category of the order must be-- 13 (a) if the patient needs to be treated as an in-patient of an authorised 14 mental health service or the patient is a classified 15 patient--in-patient; or 16 (b) if paragraph (a) does not apply--community. 17 18 Note-- 19 In deciding the category of the order, the doctor must have regard to the general 20 principles for the administration of this Act and the principles for exercising 21 powers and performing functions under this Act, see sections 8 and 9. plan for patient 22 Treatment 110. The authorised doctor must ensure a treatment plan is prepared for 23 the patient.33 24 doctor must tell patient about order and treatment plan 25 Authorised 111. The authorised doctor must-- 26 (a) tell the patient-- 27 33 See part 2 (Treatment plans).

s 112 78 s 112 Mental Health (i) the order has been made for the patient; and 1 (ii) the category of the order; and 2 (iii) the basis on which the doctor is satisfied the treatment 3 criteria apply to the patient; and 4 (b) talk to the patient about the patient's treatment under the treatment 5 plan.34 6 examination in particular cases 7 Second 112.(1) This section applies if the involuntary treatment order for the 8 patient was made-- 9 (a) by an authorised doctor who is not a psychiatrist; or 10 (b) solely on an assessment carried out using audiovisual link 11 facilities. 12 (2) Within 72 hours after the order is made, the patient must be examined 13 by an authorised psychiatrist for the patient's treating health service. 14 (3) The psychiatrist's examination may be carried out using audiovisual 15 link facilities only if the involuntary treatment order was made on an 16 assessment carried out in person. 17 (4) If the order was made by a psychiatrist as mentioned in 18 subsection (1)(b), the same psychiatrist may carry out the examination. 19 (5) If the psychiatrist is not satisfied the treatment criteria apply to the 20 patient, the psychiatrist must revoke the order. 21 (6) If the psychiatrist is satisfied the treatment criteria apply to the patient, 22 the psychiatrist must confirm the order. 23 (7) A revocation or confirmation must be endorsed on the order. 24 (8) If the order is not revoked or confirmed at the end of the 72 hours 25 after it is made-- 26 34 See section 537 (Compliance with particular provisions as soon as practicable). For a doctor's obligations to give particular information to the patient's personal attorney or personal guardian, see the Guardianship and Administration Act 2000, section 76.

s 113 79 s 116 Mental Health (a) the patient ceases to be an involuntary patient; and 1 (b) an authorised doctor must tell the patient that the patient is no 2 longer an involuntary patient. 3 of making of involuntary treatment order 4 Notice 113.(1) Within 7 days after an involuntary treatment order for a patient is 5 made, the administrator of the patient's treating health service must give 6 written notice of the order to-- 7 (a) the patient; and 8 (b) the tribunal; and 9 (c) the patient's allied person. 10 (2) Subsection (1) applies to an involuntary treatment order to which 11 section 112 applies only if the order is confirmed under the section. 12 under in-patient order 13 Detention 114. If the category of the involuntary treatment order is in-patient, the 14 patient may be detained in the patient's treating health service. 15 under treatment plan 16 Treatment 115. The administrator of the treating health service must ensure the 17 patient is treated as required under the patient's treatment plan. 18 assessments of patient 19 Regular 116.(1) The administrator of the treating health service must ensure an 20 authorised psychiatrist for the health service carries out regular assessments 21 of the patient as required under the patient's treatment plan. 22 (2) The authorised psychiatrist must record details of each assessment in 23 the patient's clinical file. 24 (3) In carrying out an assessment, the psychiatrist must consider whether 25 the treatment criteria continue to apply to the patient. 26

s 117 80 s 117 Mental Health with treatment under community category of 1 Noncompliance involuntary treatment order 2 117.(1) This section applies if-- 3 (a) the category of the involuntary treatment order for a patient is 4 community; and 5 (b) in the opinion of an authorised doctor for a patient's treating 6 health service-- 7 (i) the patient has not complied with the patient's treatment plan; 8 and 9 (ii) reasonable steps have been taken to obtain compliance with 10 the treatment plan without success; and 11 (iii) there is a significant risk of deterioration in the patient's 12 mental or physical condition because of the noncompliance. 13 (2) The doctor must-- 14 (a) make a written record of the doctor's opinion and the reasons for 15 the opinion; and 16 (b) if practicable, tell the patient about the noncompliance and the 17 consequences of a further noncompliance. 18 (3) If the patient again fails to comply with the patient's treatment plan, 19 the administrator of the health service may, by written notice given to the 20 patient, order the patient attend a stated authorised mental health service on a 21 day stated in the notice for treatment (the "stated day"). 22 (4) If the patient does not comply with the notice-- 23 (a) a health practitioner may take the patient to the health service for 24 treatment as soon as practicable after the stated day;35 and 25 (b) the patient may be detained in the health service until the treatment 26 is provided. 27 (5) For subsection (4)(a), the practitioner-- 28 (a) may exercise the power with the help, and using the force, that is 29 35 For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

s 118 81 s 119 Mental Health reasonable in the circumstances; and 1 (b) is a public official for the Police Powers and Responsibilities Act 2 2000.36 3 (6) As soon as practicable after the person's treatment, the administrator 4 of the health service must make arrangements for the person's return to the 5 place from which the person was taken for the treatment or for the person to 6 be taken to another place the person reasonably asks to be taken. 7 of order 8 Duration 118.(1) An involuntary treatment order made by a psychiatrist, or an 9 authorised doctor and confirmed by a psychiatrist under section 112(6), 10 continues in force until it is revoked-- 11 (a) by an authorised doctor for the patient's treating health service or 12 the director; or 13 (b) on a review or appeal against a review decision. 14 (2) However, the order ends if the patient does not receive treatment 15 under the order for 6 months. 16 Division 2--Changing category of involuntary treatment orders 17 of category of order by authorised doctor 18 Change 119.(1) An authorised doctor for the patient's treating health service must 19 change the category of the involuntary treatment order for the patient-- 20 (a) if the doctor is satisfied it is necessary to make the change because 21 of the patient's treatment needs; or 22 (b) to give effect to an order of the tribunal. 23 (2) Also, if the category of the order is community and the patient 24 becomes a classified patient, an authorised doctor for the patient's treating 25 health service must change the category of the involuntary treatment order 26 36 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 120 82 s 120 Mental Health for the patient to in-patient. 1 (3) The doctor must-- 2 (a) make a written record of the change and the reasons for it; and 3 (b) talk to the patient about the change and the reasons for it.37 4 (4) However, the doctor need not comply with subsection (3)(b) if-- 5 (a) it is not reasonably practicable to do so; or 6 (b) the doctor reasonably believes that to do so would not be in the 7 interests of the health or safety of the patient or the safety of 8 others. 9 (5) If the category of an involuntary treatment order is changed from 10 community to in-patient, a health practitioner may take the patient to the 11 authorised mental health service.38 12 (6) For subsection (5), the practitioner-- 13 (a) may exercise the power with the help, and using the force, that is 14 reasonable in the circumstances; and 15 (b) is a public official for the Police Powers and Responsibilities Act 16 2000.39 17 of change of involuntary treatment order 18 Notice 120.(1) If the category of an involuntary treatment order for a patient is 19 changed, the administrator of the authorised mental health service concerned 20 must, within 7 days after the change is made, give written notice of the 21 change to the following persons-- 22 (a) the patient; 23 37 For a doctor's obligations to give particular information to the patient's personal attorney or personal guardian, see the Guardianship and Administration Act 2000, section 76 (Health providers to give information). 38 For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places). 39 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 121 83 s 123 Mental Health (b) the tribunal; 1 (c) the patient's allied person. 2 (2) If the category of an involuntary treatment order for a patient is 3 changed from community to in-patient, the notice to the tribunal must state 4 the reasons for the change.40 5 3--Revoking involuntary treatment orders 6 Division of order by authorised doctor 7 Revocation 121. If an authorised doctor for an involuntary patient's treating health 8 service is satisfied the treatment criteria no longer apply to the patient, the 9 doctor must revoke the involuntary treatment order for the patient. 10 of order by director 11 Revocation 122. The director may, by written notice given to the administrator of an 12 authorised mental health service, revoke an involuntary treatment order for a 13 patient if the director is satisfied the treatment criteria no longer apply to the 14 patient. 15 of revocation of order 16 Notice 123. Within 7 days after an involuntary treatment order for a patient is 17 revoked by an authorised doctor or the director, the administrator of the 18 patient's treating health service must give written notice of the revocation to 19 the following persons-- 20 (a) the patient; 21 (b) the patient's allied person; 22 (c) the tribunal; 23 (d) the director if-- 24 (i) the order is revoked by an authorised doctor; and 25 40 For an order that the category of an involuntary treatment order for a patient be changed on a review, see section 191 (Decisions on review).

s 124 84 s 124 Mental Health (ii) the patient is a classified patient or, immediately before the 1 revocation, chapter 7, part 2, applied to the patient.41 2 PART 2--TREATMENT PLANS 3 1--Preparing and changing treatment plans 4 Division treatment plan 5 Preparing 124.(1) A patient's treatment plan must state-- 6 (a) in general terms, an outline of the proposed treatment, 7 rehabilitation and other services to be provided in relation to the 8 patient; and 9 (b) in specific terms, the method by which, the frequency with which, 10 the place where, the duration of and the persons by whom, the 11 services are to be provided; and 12 (c) the intervals for the patient's regular assessment.42 13 (2) Also, for a patient under the community category of an involuntary 14 treatment order, the treatment plan for the patient must-- 15 (a) if the patient is to be treated at a health service other than an 16 authorised mental health service--state the health service; and 17 (b) if the patient is to be treated by a health practitioner who is not an 18 employee of a public sector mental health service--state the name 19 of the practitioner. 20 (3) However, the treatment plan may only state a health practitioner under 21 subsection (2)(b) with the practitioner's agreement. 22 (4) The treatment plan must take into account any existing plan of 23 41 For notices that must be given if chapter 7 (Examinations, references and orders for persons charged with offences), part 2 (Procedures for particular involuntary patients charged with offences) no longer applies to the patient, see section 245. 42 See section 116 (Regular assessments of patient).

s 125 85 s 127 Mental Health treatment, or advance health directive under the Powers of Attorney Act 1 199843, for the patient. 2 of treatment plan by, or authorised by, doctor 3 Change 125.(1) An authorised doctor for a patient's treating health service may 4 change the patient's treatment plan or authorise a health practitioner to 5 change the patient's treatment plan. 6 (2) Also, an authorised doctor for a patient's treating health service must 7 change the patient's treatment plan to give effect to a decision or order of the 8 tribunal or Mental Health Court.44 9 (3) The doctor or health practitioner must-- 10 (a) make a written record of the change and the reasons for it; and 11 (b) talk to the patient about the change and the reasons for it.45 12 of treatment plan to give effect to director's transfer order 13 Change 126. If the director orders the transfer of an involuntary patient from one 14 authorised mental health service to another authorised mental health service, 15 the administrator for the health service to which the patient is transferred 16 must ensure the patient's treatment plan is changed to give effect to the 17 order. 18 change of treatment plan--classified patients 19 Other 127.(1) If the director revokes an approval given under section 129(2)(b), 20 the administrator for the patient's treating health service must ensure the 21 patient's treatment plan is changed to give effect to the revocation. 22 43 For meaning of "advance health directive", see Powers of Attorney Act 1998, section 35. 44 See sections 193, 199, 206 and 294. 45 See section 537 (Compliance with particular provisions as soon as practicable). For a doctor's obligations to give particular information to the patient's personal attorney or personal guardian, see the Guardianship and Administration Act 2000, section 76 (Health providers to give information).

s 128 86 s 129 Mental Health (2) A health practitioner must talk to the patient about the change and the 1 reasons for it.46 2 (3) Also, if, on the revocation, the patient is not in the health service, an 3 authorised doctor for the health service must, under section 50747, require 4 the patient to return to the health service. 5 2--Limited community treatment 6 Division of div 2 7 Application 128. This division does not apply to-- 8 (a) a patient under an involuntary treatment order if the order's 9 category is community; or 10 (b) a patient for whom a court has made an order under 11 section 101(2) or 337(5). 12 limited community treatment 13 Authorising 129.(1) An authorised doctor for a patient's treating health service may, 14 under the patient's treatment plan, authorise limited community treatment 15 for the patient. 16 (2) However, the doctor may authorise limited community treatment for 17 the patient only-- 18 (a) for a forensic patient--with the approval of the tribunal or the 19 Mental Health Court;48 or 20 (b) for a classified patient--with the director's written approval; or 21 (c) for a patient detained in an authorised mental health service under 22 an order of the Mental Health Court under section 273(1)(b)--if 23 46 See section 537 (Compliance with particular provisions as soon as practicable). 47 Section 507 (Authorised doctor may require involuntary patient's return) 48 See sections 203 (Decisions on review) and 289 (Mental Health Court may order, approve or revoke limited community treatment).

s 130 87 s 131 Mental Health authorised to do so under the order.49 1 (3) The director must not give approval under subsection (2)(b) if the 2 director is satisfied there is an unacceptable risk the patient would, if the 3 treatment were undertaken in the community-- 4 (a) not return to the authorised mental health service when required; 5 or 6 (b) commit an offence while away from the health service; or 7 (c) endanger the safety or welfare of the patient or others. 8 (4) Also, in deciding whether to give the approval, the director must have 9 regard to the following-- 10 (a) the patient's mental state and psychiatric history; 11 (b) the offence leading to the patient becoming a classified patient; 12 (c) the patient's social circumstances; 13 (d) the patient's response to treatment and willingness to continue 14 treatment. 15 community treatment on order of tribunal or Mental Health 16 Limited Court 17 130. If the tribunal or the Mental Health Court orders that a patient have 18 limited community treatment, the administrator of the patient's treating 19 health service must ensure an authorised doctor for the health service 20 changes the patient's treatment plan to give effect to the order. 21 treatment plan must state for limited community treatment 22 What 131.(1) If, under a patient's treatment plan, the patient is authorised to 23 have limited community treatment, the treatment plan must include in 24 specific terms-- 25 (a) the continuous periods of limited community treatment; and 26 (b) the conditions the doctor considers necessary-- 27 49 See section 275 (Mental Health Court may approve limited community treatment).

s 132 88 s 132 Mental Health (i) for the clinical management of the patient's treatment; and 1 (ii) to protect the health or safety of the patient or the safety of 2 others. 3 (2) A continuous period of limited community treatment for a patient, 4 other than a classified or forensic patient, must not be more than 7 days. 5 (3) However, an authorised doctor for the health service may, from time 6 to time, extend the period for a further continuous period of not more than 7 7 days. 8 9 Note-- 10 Instead of extending the period for an involuntary patient (other than a classified 11 or forensic patient), the authorised doctor may change the category of the order, 12 see section 119. 13 In deciding whether to extend the period or change the category, the doctor must 14 have regard to the general principles for the administration of this Act and the 15 principles for exercising powers and performing functions under this Act, see 16 sections 8 and 9. patients to be accompanied while undertaking limited 17 Particular community treatment 18 132.(1) This section applies to the following patients-- 19 (a) a classified patient serving a sentence of imprisonment or 20 detention; 21 (b) a patient who is detained in an authorised mental health service 22 under an order of the Mental Health Court under 23 section 273(1)(b).50 24 (2) While undertaking limited community treatment, the patient must be 25 accompanied by an employee of the health service in which the patient is 26 detained. 27 50 Section 273 (Orders about custody)

s 133 89 s 137 Mental Health ART 3--REGULATED AND PROHIBITED 1 P TREATMENTS, SECLUSION AND RESTRAINT 2 1--Informed consent 3 Division for informed consent 4 Requirements 133. For this part, a person gives informed consent to treatment of 5 himself or herself only if the requirements of this division have been 6 complied with. 7 to give informed consent 8 Capacity 134. The person must have capacity to give informed consent.51 9 to be written 10 Consent 135. Informed consent must be in writing signed by the person. 11 to be given freely and voluntarily 12 Consent 136.(1) Informed consent must be given freely and voluntarily by the 13 person. 14 (2) Without limiting subsection (1), consent is freely and voluntarily 15 given if it is not obtained-- 16 (a) by force, threat, intimidation, inducement or deception; or 17 (b) by exercise of authority. 18 to be given 19 Explanation 137. Before a person gives informed consent, a full explanation must be 20 given to the person in a form and language able to be understood by the 21 person about-- 22 51 "Capacity" is defined in the dictionary.

s 138 90 s 140 Mental Health (a) the purpose, method, likely duration and expected benefit of the 1 treatment; and 2 (b) possible pain, discomforts, risks and side effects associated with 3 the treatment; and 4 (c) alternative methods of treatment available to the person. 5 Division 2--Electroconvulsive therapy 6 to perform electroconvulsive therapy 7 Offence 138. A person must not perform electroconvulsive therapy on another 8 person other than under this division. 9 Maximum penalty--100 penalty units or 1 year's imprisonment. 10 of electroconvulsive therapy with consent or tribunal 11 Performance approval 12 139. A doctor may perform electroconvulsive therapy on a person at an 13 authorised mental health service if the person-- 14 (a) has given informed consent to the treatment; or 15 (b) is an involuntary patient and the tribunal has approved the use of 16 the treatment. 17 18 Note-- 19 Only a psychiatrist may apply for approval to perform electroconvulsive therapy, 20 see section 229. of electroconvulsive therapy in emergency 21 Performance 140.(1) A doctor may perform electroconvulsive therapy on an 22 involuntary patient at an authorised mental health service if-- 23 (a) a certificate under subsection (2) is in force for the patient; and 24 (b) a treatment application to perform electroconvulsive therapy on 25 the patient is made under subsection (4). 26 (2) For subsection (1)(a), a psychiatrist and the medical superintendent 27

s 141 91 s 144 Mental Health for the health service must certify in writing that performing 1 electroconvulsive therapy on the patient is necessary to-- 2 (a) save the patient's life; or 3 (b) prevent the patient from suffering irreparable harm. 4 (3) The certificate is in force for 5 days after it is made. 5 (4) For subsection (1)(b), the treatment application must be made by the 6 psychiatrist who gives the certificate under subsection (2) immediately after 7 giving the certificate. 8 3--Restraint 9 Division of "mechanical restraint" for div 3 10 Meaning 141.(1) For this division, "mechanical restraint", of a person, is the 11 restraint of the person by the use of a mechanical appliance preventing the 12 free movement of the person's body or a limb of the person. 13 (2) However, the use of a surgical or medical appliance for the proper 14 treatment of physical disease or injury is not mechanical restraint. 15 to use mechanical restraint 16 Offence 142. A person must not use mechanical restraint on a patient in an 17 authorised mental health service other than under this division. 18 Maximum penalty--50 penalty units. 19 may authorise use of mechanical restraint 20 Doctor 143. For treating an involuntary patient in an authorised mental health 21 service, a doctor may authorise the use of mechanical restraint on the patient 22 only if the doctor is satisfied it is the most clinically appropriate way of 23 preventing injury to the patient or someone else. 24 authorisation is given 25 How 144. The doctor must give the authorisation by recording the following 26

s 145 92 s 145 Mental Health details in the patient's clinical file-- 1 (a) the type of restraint authorised; 2 (b) the reasons for the restraint; 3 (c) any restrictions on the circumstances in which restraint may be 4 applied; 5 (d) the maximum period or periods for which the restraint may be 6 applied; 7 (e) the intervals at which the patient must be observed while the 8 restraint is applied; 9 (f) any special measures necessary to ensure the patient's proper 10 treatment while the restraint is applied; 11 (g) the time when the authorisation ends. 12 of senior registered nurse 13 Obligations 145. The senior registered nurse on duty must-- 14 (a) ensure the restraint is applied as authorised by the doctor; and 15 (b) ensure the patient's reasonable needs are met, including, for 16 example, being given-- 17 (i) sufficient bedding and clothing; and 18 (ii) sufficient food and drink; and 19 (iii) access to toilet facilities; and 20 (c) record the following details in the patient's clinical file-- 21 (i) the type of restraint applied; 22 (ii) if the doctor has stated any restrictions on the application of 23 the restraint--the circumstances in which the restraint was 24 applied; 25 (iii) the time the restraint was applied; 26 (iv) the person who applied the restraint; 27 (v) the time the restraint was removed. 28

s 146 93 s 149 Mental Health nurse may authorise end of restraint 1 When 146. If the senior registered nurse on duty is satisfied the patient can be 2 safely treated without the restraint, the nurse must immediately direct the 3 removal of the restraint. 4 may require reports about mechanical restraint 5 Director 147. If asked by the director, the administrator of an authorised mental 6 health service must send to the director a report in the approved form about 7 the use of the mechanical restraint of patients in the health service for the 8 period identified by the director or for each occasion on which the 9 mechanical restraint of a patient is authorised. 10 Division 4--Seclusion 11 Subdivision 1--Interpretation 12 of "seclusion" for div 4 13 Meaning 148.(1) For this division, "seclusion", of a patient, is the confinement of 14 the patient at any time of the day or night alone in a room or area from 15 which free exit is prevented. 16 (2) However, the overnight confinement for security purposes of an 17 involuntary patient in a high security unit or an in-patient facility of an 18 authorised mental health service prescribed under a regulation for this 19 subsection is not seclusion. 20 Subdivision 2--Prohibition of seclusion 21 to keep patient in seclusion 22 Offence 149. A person must not keep a patient in an authorised mental health 23 service in seclusion other than under this division. 24 Maximum penalty--50 penalty units. 25

s 150 94 s 153 Mental Health Subdivision 3--Authorisation of seclusion 1 may authorise seclusion 2 Who 150. Seclusion of an involuntary patient in an in-patient facility of an 3 authorised mental health service may be authorised-- 4 (a) at any time, by a doctor; or 5 (b) in urgent circumstances, by the senior registered nurse on duty. 6 seclusion may be authorised 7 When 151. A doctor or the senior registered nurse on duty must not authorise 8 seclusion of an involuntary patient unless the doctor or nurse is reasonably 9 satisfied-- 10 (a) it is necessary to protect the patient or other persons from 11 imminent physical harm; and 12 (b) there is no less restrictive way of ensuring the safety of the patient 13 or others. 14 consent not required 15 Patient's 152. It is not necessary to obtain an involuntary patient's consent to the 16 patient's seclusion under this division. 17 Subdivision 4--Provisions about seclusion authorised by doctor 18 authorised by doctor 19 Seclusion 153.(1) A doctor must authorise seclusion of a patient by written order. 20 (2) The order must state-- 21 (a) the reasons for the seclusion; and 22 (b) the time the order is made; and 23 (c) the time (not longer than 12 hours after the order is made) when it 24 ends; and 25

s 154 95 s 155 Mental Health (d) whether the senior registered nurse on duty is authorised to 1 release the patient from, or return the patient to, seclusion; and 2 (e) the specific measures necessary to ensure the patient's proper 3 treatment while secluded. 4 of patient 5 Observation 154. The senior registered nurse on duty must ensure the patient is 6 continuously observed unless the doctor states in the order-- 7 (a) that it is not clinically necessary to continuously observe the 8 patient while secluded; and 9 (b) the intervals (not longer than 15 minutes) at which the patient 10 must be observed. 11 nurse may authorise end to seclusion 12 When 155.(1) This section applies if, under the doctor's order, the senior 13 registered nurse on duty is authorised to release the patient from, or return 14 the patient to, seclusion. 15 (2) The nurse may-- 16 (a) release the patient from seclusion if the nurse is satisfied seclusion 17 of the patient is no longer necessary; and 18 (b) return the patient to seclusion if-- 19 (i) the doctor's order is still in force; and 20 (ii) the nurse is satisfied the criteria stated in section 151 apply in 21 relation to the patient. 22 (3) Immediately after acting under subsection (2), the nurse must record 23 in the patient's clinical file-- 24 (a) the time of release from, or return to, seclusion; and 25 (b) the reasons for the release or return. 26

s 156 96 s 158 Mental Health Subdivision 5--Provisions about seclusion authorised by senior 1 registered nurse 2 authorised by senior registered nurse 3 Seclusion 156.(1) If the senior registered nurse on duty authorises a patient's 4 seclusion, the nurse must-- 5 (a) immediately tell a doctor of the seclusion; and 6 (b) record the following in the patient's clinical file-- 7 (i) the reasons for the seclusion; 8 (ii) the time the patient was placed in seclusion; 9 (iii) the time the nurse told a doctor of the seclusion. 10 (2) The doctor must ensure the patient is examined as soon as practicable 11 by a doctor. 12 (3) On the examination of the patient, the examining doctor must-- 13 (a) record in the patient's clinical file the time of the examination; and 14 (b) order the patient's release from seclusion or authorise the patient's 15 seclusion. 16 of patient 17 Observation 157. The senior registered nurse on duty must ensure the patient is 18 continuously observed while in seclusion under a nurse's authorisation. 19 6--General provisions about seclusion 20 Subdivision to ensure patient's needs are met 21 Nurse 158. The senior registered nurse on duty must ensure the patient's 22 reasonable needs are met, including, for example, being given-- 23 (a) sufficient bedding and clothing; and 24 (b) sufficient food and drink; and 25 (c) access to toilet facilities. 26

s 159 97 s 162 Mental Health of reasonable force 1 Use 159. A doctor or senior registered nurse on duty who, under this 2 division, authorises a patient's seclusion may, with the help, and using the 3 force, that is reasonable in the circumstances, place the patient in seclusion. 4 may require reports about seclusions 5 Director 160. If asked by the director, the administrator of an authorised mental 6 health service must send to the director a report in the approved form about 7 seclusions of patients in the health service for a period identified by the 8 director. 9 Division 5--Other treatments 10 11 Psychosurgery 161.(1) A person must not perform psychosurgery on another person 12 other than under this section. 13 Maximum penalty--200 penalty units or 2 years imprisonment. 14 (2) A doctor may perform psychosurgery on a person if-- 15 (a) the person on whom the treatment is performed has given 16 informed consent to the treatment; and 17 (b) the tribunal has given approval to the treatment.52 18 treatment 19 Prohibited 162. A person must not administer to another person-- 20 (a) insulin induced coma therapy; or 21 (b) deep sleep therapy. 22 Maximum penalty--200 penalty units or 2 years imprisonment. 23 52 For application for approval to perform psychosurgery, see section 233.

s 163 98 s 164 Mental Health CHAPTER 5--MOVING, TRANSFER AND 1 TEMPORARY ABSENCE OF PATIENTS 2 PART 1--MOVING AND TRANSFER OF PATIENTS 3 1--Moving patients within authorised mental health services 4 Division patient may be moved within authorised mental health 5 Involuntary service 6 163.(1) For assessing or treating an involuntary patient in an authorised 7 mental health service, the administrator of the health service may move the 8 patient from one facility in the health service to another facility in the health 9 service. 10 (2) For subsection (1), the administrator and anyone lawfully helping the 11 administrator-- 12 (a) may exercise the power with the help, and using the force, that is 13 reasonable in the circumstances; and 14 (b) is a public official for the Police Powers and Responsibilities Act 15 2000.53 16 (3) If the patient is a classified or forensic patient and the patient is moved 17 from one in-patient facility to another in-patient facility in the health service, 18 the administrator of the health service must give written notice of the move 19 to the director. 20 of medication while being moved in an authorised 21 Administration mental health service 22 164.(1) This section applies if an involuntary patient is being moved in an 23 authorised mental health service for assessment. 24 53 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 165 99 s 165 Mental Health (2) Despite the absence or refusal of the patient's consent, medication 1 may be administered to the patient while being moved. 2 (3) However, the medication-- 3 (a) may be administered to the patient only if a doctor is satisfied it is 4 necessary to ensure the safety of the patient or others while being 5 moved; and 6 (b) must be administered by a doctor or a registered nurse under the 7 instruction of a doctor. 8 (4) The doctor or nurse may administer the medication with the help, and 9 using the force, that is reasonable in the circumstances. 10 (5) For subsection (3)(b), the doctor's instruction must include the 11 medication's name, the dose and route and frequency of administration. 12 (6) A doctor or nurse who administers medication under this section 13 must keep a written record of the matters mentioned in subsection (5). 14 (7) This section applies despite the Guardianship and Administration Act 15 2000, chapter 5, part 2, division 1.54 16 Division 2--Transfers between authorised mental health services 17 orders--involuntary patients other than classified or forensic 18 Transfer patients 19 165.(1) This section does not apply to a classified or forensic patient. 20 (2) An involuntary patient may be transferred from one authorised 21 mental health service to another authorised mental health service on the 22 written order of-- 23 (a) for a patient detained for assessment--the director or a doctor at 24 the health service where the patient is detained; or 25 (b) for a patient detained under an involuntary treatment order--the 26 director or an authorised doctor for the patient's treating health 27 54 Guardianship and Administration Act 1999, chapter 5 (Health matters and special health matters), part 2 (Scheme for health care and special health care), division 1 (Health care--no consent).

s 166 100 s 167 Mental Health service. 1 (3) Also, an authorised doctor for an involuntary patient's treating health 2 service must order the patient's transfer from one authorised mental health 3 service to another authorised mental health service to give effect to the 4 tribunal's decision under section 191(2)(c). 5 (4) However, an involuntary patient must not be transferred to a high 6 security unit without the director's approval under section 167. 7 orders--other patients 8 Transfer 166.(1) This section applies to the following patients-- 9 (a) a classified or forensic patient; 10 (b) a patient for whom a court has made an order under 11 section 101(2), 273(1)(b) or 337(5).55 12 (2) The patient may be transferred from one authorised mental health 13 service to another authorised mental health service only on the written order 14 of the director. 15 (3) Also, the director must order the patient's transfer from one 16 authorised mental health service to another authorised mental health service 17 to give effect to a decision of the tribunal under section 203(2)(c). 18 to high security units 19 Transfers 167.(1) The director must not give an approval for, or order, the transfer 20 of an involuntary patient to a high security unit unless the director is 21 satisfied it is in the patient's best interests to do so having regard to the 22 following-- 23 (a) the person's mental state and psychiatric history; 24 (b) the person's treatment and security requirements; 25 (c) any offence with which the person has been charged or for which 26 the person is serving a sentence of imprisonment or period of 27 detention. 28 55 Sections 101 (Court may order person's detention in authorised mental health service, 273 (Orders about custody) and 337 (Appeal powers)

s 168 101 s 169 Mental Health (2) Immediately after giving the approval for, or ordering, the transfer of 1 a young patient, the director must give written notice of the approval or 2 order to the tribunal.56 3 involuntary patient to authorised mental health service 4 Taking 168.(1) Under an order for the transfer of an involuntary patient-- 5 (a) a health practitioner may take the patient to the authorised mental 6 health service to which the patient is transferred;57 and 7 (b) the patient may be detained in the health service. 8 (2) For subsection (1), the practitioner-- 9 (a) may exercise the power with the help, and using the force, that is 10 reasonable in the circumstances; and 11 (b) is a public official for the Police Powers and Responsibilities Act 12 2000.58 13 of transfer 14 Notice 169. Within 7 days after the order for the patient's transfer is made, 15 written notice of the order must be given to the tribunal-- 16 (a) if the order is made by an authorised doctor at the patient's 17 treating health service--by the administrator of the health service; 18 or 19 (b) if the order is made by the director--by the director. 20 56 For reviews of the detention of a young patient in a high security unit, see chapter 6 (Tribunal reviews, notification orders and treatment applications), part 2 (Reviews by tribunal for young patients detained in high security units). 57 For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places). 58 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 170 102 s 171 Mental Health Division 3--Moving and transfer of patients out of Queensland 1 Subdivision 1--Interpretation 2 of div 3 3 Application 170. This division applies to an involuntary patient other than-- 4 (a) a classified patient; or 5 (b) a forensic patient-- 6 (i) for whom a jury has made a section 613 or 645 finding or 7 who the Mental Health Court has decided is unfit for trial; 8 and 9 (ii) for whom proceedings for the offence to which the finding 10 or decision relates have not been discontinued under 11 chapter 6, part 4 or chapter 7, part 6.59 12 Subdivision 2--Moving of patients out of Queensland 13 for approval for patient to move out of Queensland 14 Application 171. The following persons may apply in writing to the tribunal for an 15 approval that a patient move out of Queensland-- 16 (a) the patient; 17 (b) a person on behalf of the patient; 18 (c) the administrator of the patient's treating health service; 19 (d) the director. 20 59 Chapter 6 (Tribunal reviews, notification orders and treatment applications), part 4 (Reviews by tribunal of mental condition of persons to decide fitness for trial) or chapter 7 (Examinations, references and orders for persons charged with offences), part 6 (Inquiries on references to Mental Health Court)

s 172 103 s 173 Mental Health of hearing of application 1 Notice 172.(1) The tribunal must give written notice of the hearing of the 2 application to the following persons-- 3 (a) the patient; 4 (b) the administrator of the patient's treating health service; 5 (c) if the patient is a forensic patient--the director; 6 (d) the patient's allied person; 7 (e) if the application was made by someone other than the 8 patient--the applicant. 9 (2) The notice must-- 10 (a) be in the approved form; and 11 (b) be given-- 12 (i) at least 7 days before the hearing; or 13 (ii) if the patient agrees to a period of less than 7 days--the 14 lesser period; and 15 (c) state the following information-- 16 (i) the time and place of the hearing; 17 (ii) the nature of the hearing; 18 (iii) the patient's right to be represented at the hearing. 19 powers on application 20 Tribunal's 173.(1) In deciding the application, the tribunal must grant or refuse the 21 application. 22 (2) However, the tribunal may approve that the patient move out of 23 Queensland only if it is satisfied appropriate arrangements exist for the 24 patient's treatment or care at the place where the patient is to move. 25 (3) Also, the tribunal may impose the reasonable conditions on the 26 approval the tribunal considers appropriate. 27

s 174 104 s 175 Mental Health of decision 1 Notice 174.(1) The tribunal must give a copy of its decision to the following 2 persons-- 3 (a) the parties to the proceeding for the application; 4 (b) the patient's allied person; 5 (c) the administrator of the patient's treating health service; 6 (d) for a forensic patient--the director. 7 (2) In addition, the tribunal must give the patient a written notice 8 stating-- 9 (a) the patient may ask the tribunal for written reasons for its 10 decision; and 11 (b) the patient may, within 28 days after receiving the notice, appeal 12 to the Mental Health Court against the decision; and 13 (c) how to appeal. 14 (3) If asked to do so by the patient, the tribunal must give the patient the 15 reasons for the decision. 16 (4) If the request is made within 7 days after receiving the notice, the 17 tribunal must comply with the request within 7 days after receiving the 18 request. 19 (5) However, a confidentiality order of the tribunal may displace the 20 requirement to give the reasons for its decision to the patient.60 21 (6) If asked to do so by the director, the tribunal must give the director 22 written reasons for the decision. 23 (7) The tribunal must give the director the reasons for the decision within 24 7 days after receiving the director's request. 25 of patient moving on involuntary treatment order 26 Effect 175.(1) This section applies if the patient is an involuntary patient under 27 an involuntary treatment order. 28 60 See section 458 (Confidentiality orders).

s 176 105 s 177 Mental Health (2) On the patient moving out of Queensland under the tribunal's 1 approval, the involuntary treatment order for the patient is in force only if 2 the patient returns to Queensland and while the patient is in Queensland. 3 PART 2--INTERSTATE APPLICATION OF MENTAL 4 HEALTH LAWS 5 Division 1--Preliminary 6 agreements 7 Interstate 176.(1) The Minister may, for the State, enter into an agreement with 8 another State about the following-- 9 (a) the application of mental health laws of this State or the other 10 State; 11 (b) the transfer, detention and apprehension of persons in this State 12 and the other State under mental health laws; 13 (c) administrative and other matters incidental to a matter mentioned 14 in paragraph (a) or (b). 15 (2) The Minister must, by gazette notice, give notice of the making of the 16 agreement and its terms. 17 2--Making involuntary treatment orders and exercise of 18 Division powers 19 treatment orders for interstate residents 20 Involuntary 177. An involuntary treatment order may be made for a person who is 21 detained under this Act even if the person does not live in Queensland. 22

s 178 106 s 180 Mental Health officers may exercise powers etc. under corresponding 1 Queensland laws 2 178.(1) A person authorised by the Minister for this section or a health 3 practitioner, may exercise a power or perform a function conferred on him 4 or her under a corresponding law. 5 (2) Subsection (1) has effect subject to the provisions of an interstate 6 agreement about the exercise of a power or performance of a function by the 7 person or health practitioner. 8 officers may exercise powers etc. in this State 9 Interstate 179. A person who is authorised to exercise a power or perform a 10 function for treating a patient under an interstate order may exercise the 11 power or perform the function in this State. 12 Division 3--Interstate admissions and transfers of persons and patients 13 of persons to interstate mental health services 14 Admission 180.(1) A person who may be taken to and involuntarily detained in an 15 authorised mental health service under chapter 2 may instead be taken to an 16 interstate mental health service, if permitted under a corresponding law, 17 by-- 18 (a) a person authorised under this Act to take the person to an 19 authorised mental health service; or 20 (b) a person who, under the corresponding law, is authorised to take 21 the person to an interstate mental health service. 22 (2) A person exercising a power under subsection (1) may do so with the 23 help, and using the force, that is reasonable in the circumstances. 24 (3) Despite the absence or refusal of the person's consent, medication 25 may be administered to the person while being taken to the interstate mental 26 health service. 27 (4) Section 26(2) to (6) applies to the administration of the medication. 28

s 181 107 s 182 Mental Health of involuntary patients to interstate mental health services 1 Transfer 181.(1) The director or an authorised doctor for an involuntary patient's 2 treating health service may, by written order, transfer the patient to an 3 interstate mental health service if-- 4 (a) the director or doctor is satisfied the transfer is in the patient's best 5 interests; and 6 (b) the transfer is permitted under a corresponding law; and 7 (c) the interstate authority for the interstate mental health service 8 agrees to the transfer. 9 (2) The patient may be taken to the interstate mental health service by-- 10 (a) a person authorised under this Act to take the person to an 11 authorised mental health service; or 12 (b) a person who, under the corresponding law, is authorised to take 13 the person to an interstate mental health service. 14 (3) A person exercising a power under subsection (2) may do so with the 15 help, and using the force, that is reasonable in the circumstances. 16 (4) Despite the absence or refusal of the person's consent, medication 17 may be administered to the person while being taken to the interstate mental 18 health service. 19 (5) Section 26(2) to (6) applies to the administration of the medication. 20 (6) The patient ceases to be an involuntary patient on the patient's 21 detention in the interstate mental health service. 22 (7) Within 7 days after the order for the patient's transfer is made, written 23 notice of the order must be given to the tribunal-- 24 (a) if the order is made by an authorised doctor at the patient's 25 treating health service--by the administrator of the health service; 26 or 27 (b) if the order is made by the director--by the director. 28 of interstate persons to authorised mental health services 29 Admission 182.(1) A person who may be taken to and detained in an interstate 30 mental health service under a corresponding law may instead be taken to 31

s 183 108 s 183 Mental Health and detained in an authorised mental health service. 1 (2) The person may be taken to the authorised mental health service by-- 2 (a) a health practitioner; or 3 (b) a person who, under the corresponding law, is authorised to take 4 the person to an interstate mental health service. 5 (3) For subsection (2)(a), the practitioner-- 6 (a) may exercise the power with the help, and using the force, that is 7 reasonable in the circumstances; and 8 (b) is a public official for the Police Powers and Responsibilities Act 9 2000.61 10 (4) If there are documents authorising the admission and detention of the 11 person under the corresponding law, chapter 2, part 4, applies to the person 12 as if the documents were assessment documents made for the person. 13 (5) If there are no documents authorising the admission and detention of 14 the person under the corresponding law, the person may be detained for a 15 reasonable time to allow the person's examination to decide whether 16 assessment documents should be made for the person. 17 of patients to authorised mental health services 18 Transfer 183.(1) A person who is involuntarily detained in an interstate mental 19 health service under a corresponding law may be transferred to an 20 authorised mental health service if-- 21 (a) the administrator for the authorised mental health service agrees to 22 the transfer; and 23 (b) the transfer is authorised under the corresponding law. 24 (2) The person may be taken to the authorised mental health service by-- 25 (a) a health practitioner; or 26 (b) a person who, under the corresponding law, is authorised to take 27 61 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 184 109 s 184 Mental Health the person to an interstate mental health service. 1 (3) For subsection (2)(a), the practitioner-- 2 (a) may exercise the power with the help, and using the force, that is 3 reasonable in the circumstances; and 4 (b) is a public official for the Police Powers and Responsibilities Act 5 2000.62 6 (4) Chapter 4 applies to the person as if an involuntary treatment order 7 were made for the person by an authorised doctor who is not a psychiatrist. 8 (5) For subsection (4), documents authorising the person's transfer under 9 the corresponding law are taken to be the involuntary treatment order. 10 Division 4--Apprehension and return of persons 11 of persons absent from interstate mental health services 12 Apprehension 184.(1) A person who is absent without leave from an interstate mental 13 health service in a participating State and who may be apprehended under a 14 corresponding law in the State may be apprehended in this State by-- 15 (a) a person who is authorised to apprehend the person under the 16 corresponding law; or 17 (b) a health practitioner or police officer. 18 (2) For subsection (1), a warrant or other document that, under the 19 corresponding law, authorises the person's apprehension in the participating 20 State, authorises a police officer to exercise the powers a police officer has 21 under a warrant for apprehension of a patient under chapter 14, part 2. 22 (3) If the person is apprehended under this section, the person must be 23 taken to an interstate mental health service in the participating State or an 24 authorised mental health service. 25 (4) A person exercising a power under subsection (1) or (2) may do so 26 with the help, and using the force, that is reasonable in the circumstances. 27 62 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 185 110 s 185 Mental Health (5) Despite the absence or refusal of the person's consent, medication 1 may be administered to the person while being taken to the interstate mental 2 health service or the authorised mental health service. 3 (6) Section 509(2) to (6) applies to the administration of the medication. 4 (7) If the person is taken to an authorised mental health service-- 5 (a) chapter 4 applies to the person as if an involuntary treatment order 6 were made for the person by an authorised doctor who is not a 7 psychiatrist; and 8 (b) for paragraph (a), the warrant or other document authorising the 9 person's apprehension is taken to be the involuntary treatment 10 order. 11 of involuntary patients interstate 12 Apprehension 185.(1) This section applies to an involuntary patient-- 13 (a) to whom chapter 14, part 1,63 applies; and 14 (b) who is apprehended in a participating State. 15 (2) The patient may be taken to an authorised mental health service by-- 16 (a) a person who, under a corresponding law, is authorised to take the 17 patient to an interstate mental health service; or 18 (b) a person authorised under this Act to take the person to an 19 authorised mental health service. 20 (3) A person exercising a power under subsection (2) may do so with the 21 help, and using the force, that is reasonable in the circumstances. 22 (4) Despite the absence or refusal of the person's consent, medication 23 may be administered to the person while being taken to the authorised 24 mental health service. 25 (5) Section 509(2) to (6) applies to the administration of the medication. 26 63 Chapter 14 (Enforcement, evidence and legal proceedings), part 1 (Return of patients to treating health service for assessment or treatment)

s 186 111 s 186 Mental Health ART 3--TEMPORARY ABSENCES 1 P of particular patients with director's approval 2 Absence 186.(1) This section applies to-- 3 (a) a classified or forensic patient detained in an authorised mental 4 health service; or 5 (b) a patient for whom a court has made an order under 6 section 101(2), 273(1)(b) or 337(5).64 7 (2) The director may, by written notice, approve the patient's absence 8 from the health service-- 9 (a) to receive medical, dental or optical treatment; or 10 (b) to appear before a court, tribunal or other body; or 11 (c) for another purpose the director considers to be appropriate on 12 compassionate grounds. 13 (3) The notice must state the approved period of absence. 14 (4) The approval may be given on the conditions the director considers 15 appropriate, including, for example, a condition that the patient is to be in the 16 care of a stated person for the period of absence. 17 64 Sections 101 (Court may order person's detention in authorised mental health service, 273 (Orders about custody) and 337 (Appeal powers)

s 187 112 s 187 Mental Health CHAPTER 6--TRIBUNAL REVIEWS, 1 NOTIFICATION ORDERS AND TREATMENT 2 APPLICATIONS 3 PART 1--REVIEWS BY TRIBUNAL FOR PATIENTS 4 UNDER INVOLUNTARY TREATMENT ORDERS 5 reviews are conducted 6 When 187.(1) The tribunal must review the application of the treatment criteria 7 to a patient for whom an involuntary treatment order is in force-- 8 (a) within 6 weeks after the order is made and afterwards at intervals 9 of not more than 6 months; and 10 (b) on application for the review made under section 188. 11 (2) However, the tribunal may dismiss an application for a review if the 12 tribunal is satisfied the application is frivolous or vexatious. 13 (3) The tribunal may, on its own initiative, carry out a review of the 14 application of the treatment criteria to the patient. 15 (4) The tribunal may carry out a review on an application for a review at 16 the same time as another review for the patient but must carry out a review 17 on the application-- 18 (a) if it is made within the 6 week period mentioned in 19 subsection (1)(a)--within 7 days after the application is made; or 20 (b) if paragraph (a) does not apply--within a reasonable time after it 21 is made. 22 (5) In deciding whether to carry out reviews for the patient at the same 23 time, the tribunal must have regard to the following-- 24 (a) the period until the next periodic review under subsection (1)(a) is 25 required to be carried out; 26 (b) whether it is in the patient's best interests to do so. 27 (6) The tribunal must conduct a hearing for reviewing the application of 28 the treatment criteria to an involuntary patient under this part. 29

s 188 113 s 189 Mental Health for review 1 Application 188.(1) The application for a review must-- 2 (a) be made in writing by-- 3 (i) the patient; or 4 (ii) a person on behalf of the patient; or 5 (iii) the director; and 6 (b) be given to the tribunal. 7 (2) The application may be made at any time. 8 (3) However, for an involuntary treatment order mentioned in 9 section 112(1), application may be made for a review only after the order is 10 confirmed under section 112. 11 of hearing for review 12 Notice 189.(1) The tribunal must give written notice of the hearing for a review 13 to the following persons-- 14 (a) the patient; 15 (b) the administrator of the patient's treating health service; 16 (c) if the patient is a classified patient--the director; 17 (d) the patient's allied person; 18 (e) if the patient is a minor--a parent of the minor or the minor's 19 guardian; 20 (f) if the tribunal reasonably believes the patient has a personal 21 attorney--the attorney; 22 (g) if the tribunal reasonably believes the patient has a personal 23 guardian--the guardian; 24 (h) if the review is to be carried out on an application by someone 25 other than the patient--the applicant. 26 (2) The notice must-- 27 (a) be in the approved form; and 28 (b) be given-- 29

s 190 114 s 191 Mental Health (i) at least 7 days before the hearing; or 1 (ii) if the patient agrees to a period of less than 7 days--the 2 lesser period; and 3 (c) state the following information-- 4 (i) the time and place of the hearing; 5 (ii) the nature of the hearing; 6 (iii) the patient's right to be represented at the hearing. 7 to be considered on particular reviews 8 Matters 190. If the involuntary treatment order for the patient has been in force 9 for more than 6 months, the tribunal must consider whether an examination 10 and report should be obtained from a psychiatrist other than the psychiatrist 11 responsible for the patient's treatment. 12 on review 13 Decisions 191.(1) On the review, the tribunal must decide to confirm or revoke the 14 involuntary treatment order for the patient. 15 (2) If the tribunal confirms the involuntary treatment order for the patient, 16 the tribunal may decide to make 1 or more of the following orders-- 17 (a) an order that the category of the order be changed; 18 (b) if the category of the order is in-patient-- 19 (i) an order that the patient have limited community treatment 20 subject to the reasonable conditions the tribunal considers 21 appropriate; or 22 (ii) an order revoking an order or authorisation for limited 23 community treatment for the patient; 24 (c) an order that the patient be transferred from one authorised mental 25 health service to another authorised mental health service. 26 (3) However, subsection (2) does not apply to a classified patient. 27 (4) In making a decision under subsection (1) or (2), the tribunal must 28 have regard to the following-- 29

s 192 115 s 192 Mental Health (a) the patient's mental state and psychiatric history; 1 (b) the patient's social circumstances; 2 (c) the patient's response to treatment and willingness to continue 3 treatment. 4 of decision 5 Notice 192.(1) The tribunal must give a copy of its decision on the review to the 6 following persons-- 7 (a) the parties to the proceeding for the review; 8 (b) the patient's allied person; 9 (c) the administrator of the patient's treating health service; 10 (d) for a classified patient--the director; 11 (e) if the review was carried out on application of a person not 12 mentioned in paragraphs (a) to (d)--the applicant. 13 (2) In addition, the tribunal must give the parties a written notice 14 stating-- 15 (a) a party may ask the tribunal for written reasons for its decision; 16 and 17 (b) a party may, within 28 days after receiving the notice, appeal to 18 the Mental Health Court against the decision; and 19 (c) how to appeal. 20 (3) If asked to do so by a party, the tribunal must give the party the 21 reasons for the decision. 22 (4) If the request is made within 7 days after receiving the notice, the 23 tribunal must comply with the request within 7 days after receiving the 24 request. 25 (5) However, a confidentiality order of the tribunal may displace the 26 requirement to give the reasons for its decision to the patient.65 27 65 See section 458 (Confidentiality orders).

s 193 116 s 194 Mental Health (6) Despite subsections (2) to (4), the tribunal must give the director the 1 reasons for the decision within 7 days after receiving the director's request. 2 to transfer to be given effect 3 Decision 193. The administrator of the patient's treating health service must ensure 4 the tribunal's decision is given effect. 5 6 Note-- 7 Giving effect to the tribunal's decision may require any 1 or more the following-- 8 (a) changing the category of the involuntary treatment order for the patient, 9 see section 119(2); 10 (b) changing the patient's treatment plan, see section 125(2); 11 (c) authorising limited community treatment, see sections 129 and 130; 12 (d) transferring the patient to another authorised mental health service, see 13 section 165(3); 14 (e) requiring the patient to return to an authorised mental health service, see 15 section 507(1)(c). PART 2--REVIEWS BY TRIBUNAL FOR YOUNG 16 PATIENTS DETAINED IN HIGH SECURITY UNITS 17 reviews are conducted 18 When 194.(1) The tribunal must review the detention of a young patient in a 19 high security unit for treatment or care-- 20 (a) within 7 days after the detention starts and afterwards at intervals 21 of not more than 3 months; and66 22 (b) on application for the review made under section 195. 23 (2) However, the tribunal may dismiss an application for a review if the 24 tribunal is satisfied the application is frivolous or vexatious. 25 66 For director's approval or order for detention of a young patient in a high security unity, see sections 53 and 167.

s 195 117 s 196 Mental Health (3) The tribunal may, on its own initiative, carry out a review of the 1 detention of a young patient in a high security unit for treatment or care. 2 (4) The tribunal may carry out a review on an application for a review at 3 the same time as another review for the patient but must carry out a review 4 on the application within a reasonable time after it is made. 5 (5) In deciding whether to carry out reviews for the patient at the same 6 time, the tribunal must have regard to the following-- 7 (a) the period until the next periodic review under subsection (1)(a) is 8 required to be carried out; 9 (b) whether it is in the patient's best interests to do so. 10 (6) The tribunal must conduct a hearing for reviewing the detention of a 11 young patient under this part. 12 for review 13 Application 195.(1) The application for a review must-- 14 (a) be made in writing by-- 15 (i) the patient; or 16 (ii) a person on behalf of the patient; and 17 (b) be given to the tribunal. 18 (2) The application may be made at any time. 19 of hearing for review 20 Notice 196.(1) The tribunal must give written notice of the hearing for a review 21 to the following persons-- 22 (a) the patient; 23 (b) the administrator of the patient's treating health service; 24 (c) the director; 25 (d) the patient's allied person; 26 (e) a parent of the patient or the patient's guardian; 27 (f) if the review is to be carried out on application of a person not 28

s 197 118 s 198 Mental Health mentioned in paragraphs (a) to (e)--the applicant. 1 (2) The notice must-- 2 (a) be in the approved form; and 3 (b) be given at least 7 days before the hearing, other than for the first 4 review after the patient's detention; and 5 (c) state the following information-- 6 (i) the time and place of the hearing; 7 (ii) the nature of the hearing; 8 (iii) the patient's right to be represented at the hearing. 9 on review 10 Decision 197.(1) On the review, the tribunal must decide that the patient-- 11 (a) continue to be detained in the high security unit; or 12 (b) be transferred from the high security unit to an authorised mental 13 health service that is not a high security unit. 14 (2) The tribunal must not make a decision under subsection (1)(a) unless 15 the tribunal is satisfied it is in the patient's best interests to do so having 16 regard to the following-- 17 (a) the patient's mental state and psychiatric history; 18 (b) the patient's treatment and security requirements; 19 (c) for a classified or forensic patient--the offence leading to the 20 patient becoming a classified or forensic patient. 21 of decision 22 Notice 198.(1) The tribunal must give a copy of its decision on the review to the 23 following persons-- 24 (a) the patient; 25 (b) the administrator of the patient's treating health service; 26 (c) the director; 27

s 199 119 s 199 Mental Health (d) the patient's allied person; 1 (e) a parent of the patient or the patient's guardian; 2 (f) if the review was carried out on application of a person not 3 mentioned in paragraphs (a) to (e)--the applicant. 4 (2) In addition, the tribunal must give the patient a written notice 5 stating-- 6 (a) the patient may ask the tribunal for written reasons for its 7 decision; and 8 (b) the patient may, within 28 days after receiving the notice, appeal 9 to the Mental Health Court against the decision; and 10 (c) how to appeal. 11 (3) If asked to do so by the patient, the tribunal must give the patient the 12 reasons for the decision. 13 (4) If the request is made within 7 days after receiving the notice, the 14 tribunal must comply with the request within 7 days after receiving the 15 request. 16 (5) However, a confidentiality order of the tribunal may displace the 17 requirement to give the reasons for its decision to the patient.67 18 (6) If asked to do so by the director, the tribunal must give the director 19 written reasons for the decision. 20 (7) The tribunal must give the director the reasons for the decision within 21 7 days after receiving the director's request. 22 to be given effect 23 Decision 199. The administrator of the patient's treating health service must ensure 24 the tribunal's decision is given effect. 25 26 Note-- 27 Giving effect to the tribunal's decision may require either or both of the 28 following-- 29 (a) changing the patient's treatment plan, see section 125(2); 67 See section 458 (Confidentiality orders).

s 200 120 s 200 Mental Health 1 (b) transferring the patient to another authorised mental health service, see 2 section 165(3).68 ART 3--REVIEWS BY TRIBUNAL FOR FORENSIC 3 P PATIENTS 4 reviews are conducted 5 When 200.(1) The tribunal must review a forensic patient's mental condition-- 6 (a) within 6 months after the forensic order is made for the patient 7 and afterwards at intervals of not more than 6 months; and 8 (b) on application for the review made under section 201. 9 (2) However, the tribunal may dismiss an application for a review if the 10 tribunal is satisfied the application is frivolous or vexatious. 11 (3) The tribunal may, on its own initiative, review a forensic patient's 12 mental condition. 13 (4) The tribunal may carry out a review on an application for a review at 14 the same time as another review for the patient but must carry out a review 15 on the application within a reasonable time after it is made. 16 (5) In deciding whether to carry out reviews for the patient at the same 17 time, the tribunal must have regard to the following-- 18 (a) the period until the next periodic review under subsection (1)(a) is 19 required to be carried out; 20 (b) whether it is in the patient's best interests to do so. 21 (6) The tribunal must conduct a hearing for reviewing the patient's 22 mental condition under this part. 23 (7) If a forensic order is made for a person who is already a forensic 24 patient, reviews under subsection (1)(a) must be heard together. 25 68 For transferring a classified or forensic patient, see section 166(3).

s 201 121 s 202 Mental Health for review 1 Application 201.(1) An application for a review must-- 2 (a) be made in writing by-- 3 (i) the patient; or 4 (ii) a person on behalf of the patient; or 5 (iii) the director; and 6 (b) be given to the tribunal. 7 (2) The application may be made at any time. 8 (3) An application is taken to be an application for a review of the 9 patient's mental condition relating to all forensic orders for the patient. 10 of hearing for review 11 Notice 202.(1) The tribunal must give written notice of the hearing for a review 12 to the following persons-- 13 (a) the parties to the proceeding for the review; 14 (b) the administrator of the patient's treating health service; 15 (c) the director; 16 (d) the patient's allied person; 17 (e) if the review is to be carried out on application of a person not 18 mentioned in paragraphs (a) to (c)--the applicant. 19 (2) The notice must-- 20 (a) be in the approved form; and 21 (b) be given-- 22 (i) at least 7 days before the hearing; or 23 (ii) if the patient agrees to a period of less than 7 days--the 24 lesser period; and 25 (c) state the following information-- 26 (i) the time and place of the hearing; 27 (ii) the nature of the hearing; 28

s 203 122 s 204 Mental Health (iii) for a party to the proceeding--the party's right to be 1 represented at the hearing. 2 on review 3 Decisions 203.(1) On the review, the tribunal must decide to confirm or revoke the 4 forensic order for the patient. 5 (2) If the tribunal confirms the forensic order, the tribunal may decide to 6 make 1 or more of the following orders-- 7 (a) an order that the patient have limited community treatment subject 8 to the reasonable conditions the tribunal considers appropriate; 9 (b) an order approving limited community treatment for the patient 10 subject to the reasonable conditions the tribunal considers 11 appropriate; 12 (c) an order revoking an order or approval for limited community 13 treatment for the patient; or 14 (d) an order that the patient be transferred from one authorised mental 15 health service to another authorised mental health service. 16 (3) If 2 or more forensic orders for the patient are being reviewed 17 together, the tribunal must make the same decision for each of the orders. 18 (4) In making a decision under subsection (1) or (2), the tribunal must 19 have regard to the following-- 20 (a) the patient's mental state and psychiatric history; 21 (b) each offence leading to the patient becoming a forensic patient; 22 (c) the patient's social circumstances; 23 (d) the patient's response to treatment and willingness to continue 24 treatment. 25 (5) This section has effect subject to section 204. 26 on review decisions 27 Restrictions 204.(1) The tribunal must not revoke the forensic order, or order or 28 approve limited community treatment, for the patient if it is satisfied the 29

s 205 123 s 205 Mental Health patient, because of the patient's mental illness or intellectual disability, 1 represents an unacceptable risk to the safety of the patient or others. 2 (2) The tribunal must not revoke the forensic order for the patient if the 3 patient has moved out of Queensland under chapter 5, part 1, division 3, 4 unless-- 5 (a) 2 years has elapsed after the patient's moving out of Queensland; 6 and 7 (b) it is satisfied the patient is not likely to move back to Queensland. 8 (3) The tribunal must not revoke the forensic order for the patient if-- 9 (a) a jury has made a section 613 or 645 finding for the patient or the 10 Mental Health Court has decided the patient is unfit for trial; and 11 (b) proceedings against the patient for the offence to which the 12 finding or decision relates have not been discontinued under part 4 13 or chapter 7, part 6. 14 (4) The tribunal must not order or approve limited community treatment 15 for a patient mentioned in subsection (3) if it is satisfied there is an 16 unacceptable risk the patient would, if the treatment were undertaken in the 17 community-- 18 (a) not return to the authorised mental health service when required; 19 or 20 (b) commit an offence; or 21 (c) endanger the safety or welfare of the patient or others. 22 of decision 23 Notice 205.(1) The tribunal must give a copy of its decision to the following 24 persons-- 25 (a) the parties to the proceeding for the review; 26 (b) the administrator of the patient's treating health service; 27

s 206 124 s 206 Mental Health (c) the director;69 1 (d) if the review was carried out on application of a person not 2 mentioned in paragraphs (a) to (c)--the applicant. 3 (2) Also, the tribunal must give the parties a written notice stating-- 4 (a) a party may ask the tribunal for written reasons for its decision; 5 and 6 (b) a party may, within 28 days after receiving the notice, appeal to 7 the Mental Health Court against the decision; and 8 (c) how to appeal. 9 (3) If asked to do so by a party, the tribunal must give the party the 10 reasons for the decision. 11 (4) If the request is made within 7 days after receiving the notice, the 12 tribunal must comply with the request within 7 days after receiving the 13 request. 14 (5) However, a confidentiality order of the tribunal may displace the 15 requirement to give the reasons for its decision to the patient.70 16 (6) Despite subsections (2) to (4), the tribunal must give the 17 Attorney-General and director the reasons for the decision within 7 days 18 after receiving a request from the Attorney-General or director. 19 to be given effect 20 Decision 206. The administrator of the patient's treating health service must ensure 21 the tribunal's decision is given effect. 22 23 Note-- 24 Giving effect to the tribunal's decision may require any 1 or more of the 25 following-- 26 (a) changing the patient's treatment plan, see section 125(2); 27 (b) authorising limited community treatment, see sections 129 and 130; 69 For notices that must be given if chapter 7 (Examinations, references and orders for persons charged with offences), part 2 (Procedures for particular involuntary patients charged with offences) no longer applies to the patient, see section 245. 70 See section 458 (Confidentiality orders).

s 207 125 s 209 Mental Health 1 (c) requiring the patient to return to an authorised mental health service, see 2 section 507(1)(c).71 patient ceases to be forensic patient 3 When 207. If the tribunal revokes the forensic order for the patient, the patient 4 ceases to be a forensic patient. 5 PART 4--REVIEWS BY TRIBUNAL OF MENTAL 6 CONDITION OF PERSONS TO DECIDE FITNESS 7 FOR TRIAL 8 Division 1--Conduct of reviews 9 of div 1 10 Application 208. This division applies if-- 11 (a) on a reference of the mental condition of a person charged with an 12 offence (the "relevant offence"), the Mental Health Court decides 13 the person is unfit for trial but the unfitness for trial is not of a 14 permanent nature; or 15 (b) on the trial of a person charged with an indictable offence (also the 16 "relevant offence"), a jury has made a section 613 or 645 finding 17 and the proceedings against the person for the offence have not 18 been discontinued or the person has not been found fit for trial.72 19 reviews are conducted 20 When 209.(1) The tribunal must review the person's mental condition-- 21 71 For transferring the patient, see section 155(3). 72 See section 301 (Director to refer mental condition of particular persons to tribunal).

s 210 126 s 210 Mental Health (a) at least once every 3 months for the year starting on the day of the 1 court's decision or jury's finding; and 2 (b) afterwards at intervals of not more than 6 months. 3 (2) Also, the tribunal must review the person's mental condition on 4 application for the review made under section 210. 5 (3) However, the tribunal may dismiss the application if the tribunal is 6 satisfied the application is frivolous or vexatious. 7 (4) The tribunal may, on its own initiative, review the person's mental 8 condition. 9 (5) The tribunal may carry out a review on an application for a review at 10 the same time as another review for the patient but must carry out a review 11 on the application within a reasonable time after it is made. 12 (6) In deciding whether to carry out reviews for the patient at the same 13 time, the tribunal must have regard to the following-- 14 (a) the period until the next periodic review under subsection (1)(b) is 15 required to be carried out; 16 (b) whether it is in the patient's best interests to do so. 17 (7) The tribunal must conduct a hearing for reviewing the person's 18 mental condition under this part. 19 for review 20 Application 210.(1) The application for a review must-- 21 (a) be made in writing by-- 22 (i) the person; or 23 (ii) someone else on behalf of the person; or 24 (iii) the director; and 25 (b) be given to the tribunal. 26 (2) The application may be made at any time. 27

s 211 127 s 212 Mental Health of hearing for review 1 Notice 211.(1) The tribunal must give written notice of the hearing for a review 2 to the following persons-- 3 (a) the parties to the proceeding for the review; 4 (b) the administrator of the authorised mental health service 5 responsible for the person's treatment or care; 6 (c) the director; 7 (d) if the person is a forensic patient--the patient's allied person. 8 (2) The notice must-- 9 (a) be in the approved form; and 10 (b) be given-- 11 (i) at least 7 days before the hearing; or 12 (ii) if the person agrees to a period of less than 7 days--the 13 lesser period; and 14 (c) state the following information-- 15 (i) the time and place of the hearing; 16 (ii) the nature of the hearing; 17 (iii) for a party to the proceeding--the party's right to be 18 represented at the hearing. 19 on review 20 Decision 212.(1) On the review, the tribunal must decide whether the person is fit 21 for trial. 22 (2) If, on the last review required to be conducted under section 209(1)(a) 23 and any subsequent review, the tribunal decides the person is unfit for trial 24 and considers the person is unlikely to be fit for trial in a reasonable time, 25 the tribunal must give a written report to the Attorney-General about the 26 person's mental condition. 27

s 213 128 s 214 Mental Health of decision 1 Notice 213.(1) The tribunal must give a copy of its decision to the following 2 persons-- 3 (a) the parties to the proceeding; 4 (b) the administrator of the authorised mental health service 5 responsible for the person's treatment or care; 6 (c) the director; 7 (d) the Attorney-General. 8 (2) Also, the tribunal must give the parties a written notice stating-- 9 (a) a party may ask the tribunal for written reasons for its decision; 10 and 11 (b) a party may, within 28 days after receiving the notice, appeal to 12 the Mental Health Court against the decision; and 13 (c) how to appeal. 14 (3) If asked to do so by a party, the tribunal must give the party the 15 reasons for the decision. 16 (4) If the request is made within 7 days after receiving the notice, the 17 tribunal must comply with the request within 7 days after receiving the 18 request. 19 (5) However, a confidentiality order of the tribunal may displace the 20 requirement to give the reasons for its decision to the person.73 21 (6) Despite subsections (2) to (4), the tribunal must give the 22 Attorney-General and director the reasons for the decision within 7 days 23 after receiving a request from the Attorney-General or director. 24 2--Procedures following reviews 25 Division powers 26 Attorney-General's 214.(1) This section applies if, on a review mentioned in section 212(2), 27 73 See section 458 (Confidentiality orders).

s 215 129 s 215 Mental Health the tribunal decides the person is unfit for trial. 1 (2) The Attorney-General must, within 28 days after receiving notice of 2 the review decision-- 3 (a) order that proceedings against the person for the relevant offence 4 be discontinued; or 5 (b) defer a decision on the matter and order that the tribunal continue 6 to carry out reviews under section 209(1)(b) of the person's 7 mental condition. 8 discontinued after particular period 9 Proceedings 215.(1) Proceedings against the person for the relevant offence are 10 discontinued, at the end of the prescribed period after the court's decision or 11 jury's finding, if-- 12 (a) the Attorney-General has not ordered that proceedings against the 13 person for the relevant offence be discontinued; or 14 (b) the tribunal has not decided the person is fit for trial. 15 (2) For subsection (1), the prescribed period is-- 16 (a) for proceedings for an offence for which an offender is liable to 17 life imprisonment--7 years; or 18 (b) for other proceedings--3 years. 19 (3) In calculating the prescribed period, the following periods are to be 20 disregarded-- 21 (a) the period between the giving of a notice under section 507 22 requiring the person to return to an authorised mental health 23 service and the person's return to the health service; 24 (b) the period between the revocation of an approval for absence by 25 the person from an authorised mental health service and the 26 person's return to the health service.74 27 74 See chapter 5 (Moving, transfer and temporary absence of patients), part 3 (Temporary absences).

s 216 130 s 217 Mental Health of discontinuing of proceedings 1 Effect 216.(1) This section applies if-- 2 (a) the Attorney-General has, under section 214, ordered that 3 proceedings against the person for the relevant offence be 4 discontinued; or 5 (b) under section 215, proceedings against the person for the relevant 6 offence are discontinued. 7 (2) The chief executive for justice must give written notice of the order or 8 discontinuing of proceedings to the following-- 9 (a) the person; 10 (b) the registrar of the court in which the proceedings were to 11 continue; 12 (c) the commissioner of the police service or director of public 13 prosecutions as appropriate in the circumstances; 14 (d) the tribunal; 15 (e) the director; 16 (f) if the patient is a child--the chief executive for families. 17 (3) The person can not be further proceeded against for the relevant 18 offence. 19 (4) However, if the person for whom proceedings are discontinued under 20 subsection (2) is a forensic patient, the forensic order for the patient for the 21 relevant offence continues in force. 22 may be discontinued 23 Proceedings 217.(1) This part does not prevent-- 24 (a) the Attorney-General at any time ordering that proceedings 25 against the person for the relevant offence be discontinued; or 26 (b) the prosecution of the person for the relevant offence being 27 discontinued at any time by the complainant or director of public 28 prosecutions. 29 (2) If proceedings are discontinued under subsection (1)(a) for a forensic 30

s 218 131 s 219 Mental Health patient, the forensic order for the patient for the relevant offence continues in 1 force. 2 (3) If the prosecution is discontinued under subsection (1)(b) for a 3 forensic patient, the forensic order for the patient ends to the extent that the 4 order relates to the relevant offence. 5 proceedings against person continue 6 When 218.(1) If, on any review of the person's mental condition, the tribunal 7 decides the person is fit for trial-- 8 (a) the chief executive for justice must, immediately, give written 9 notice of the decision to the following persons-- 10 (i) the registrar of the court in which the proceedings are to 11 continue; 12 (ii) the commissioner of the police service or director of public 13 prosecutions; 14 (iii) the director; 15 (iv) if the person is a child--the chief executive for families; and 16 (b) the person must be brought before the court within 7 days after 17 the decision to be dealt with according to law. 18 (2) For subsection (1)(b), a health practitioner or police officer may take 19 the person to appear before the court. 20 (3) A health practitioner may exercise the power under subsection (2) 21 with the help, and using the force, that is reasonable in the circumstances.75 22 of continuing proceedings on forensic patient 23 Effect 219.(1) This section applies if the person is a forensic patient. 24 (2) The patient may be detained in the treating health service until the 25 patient is taken to appear before the court. 26 (3) The administrator's custody of the patient ends when the patient 27 75 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 220 132 s 221 Mental Health appears before the court. 1 (4) When the administrator's custody of the patient ends-- 2 (a) the patient ceases to be a forensic patient; and 3 (b) the forensic order for the patient ends to the extent that the order 4 relates to the relevant offence. 5 ART 5--NOTIFICATION ORDERS 6 P 1--Interpretation 7 Division to whom pt 5 applies 8 Patients 220. This part applies to a forensic patient for whom a forensic order is 9 made following-- 10 (a) a section 647 finding for the patient; or 11 (b) a decision by the Mental Health Court, under chapter 7, part 6, 12 division 2, of unsoundness of mind. 13 14 Note-- 15 Under chapter 7, part 6, division 2, the Mental Health Court decides issues of 16 unsoundness of mind and diminished responsibility, see section 267. 17 Also, the Mental Health Court may make a forensic order for a person for whom a 18 decision of unsoundness of mind is made, see section 288(1)(a). Division 2--Making of notification orders 19 may make notification order 20 Tribunal 221.(1) The tribunal may, on application made to it by a person or on its 21 own initiative, make an order (a "notification order") about a patient to 22 whom this part applies that a person be given notice of 1 or more of the 23 following-- 24

s 222 133 s 223 Mental Health (a) when a review for the patient is to be carried out; 1 (b) a review decision under chapter 6, part 3, about the patient; 2 (c) an approval that the patient move out of Queensland;76 3 (d) an order that the patient be transferred from one authorised mental 4 health service to another authorised mental health service;77 5 (e) the transfer, under an interstate agreement, of the patient to 6 another State. 7 (2) The application must be made in the approved form. 8 application 9 Deciding 222. An application for a notification order about a patient may be 10 decided by-- 11 (a) the tribunal constituted by the president on written material and 12 submissions without the applicant or patient attending a hearing of 13 the application; or 14 (b) the tribunal during a review carried out for the patient or at a 15 hearing conducted for the application. 16 on making notification order 17 Restriction 223.(1) The tribunal must refuse an application for a notification order 18 about a patient if the tribunal is satisfied it is frivolous or vexatious. 19 (2) The tribunal must not make a notification order about a patient unless 20 the tribunal is satisfied the person for whom the order is to be made has a 21 sufficient personal interest in being given notice of the matter under the 22 order. 23 24 Examples of persons who may have a sufficient personal interest-- 25 1. A victim of a criminal offence committed, or alleged to have been committed, 26 by the patient. 76 See section 173 (Tribunal's powers on application). 77 See section 166 (Transfer orders--other patients).

s 224 134 s 225 Mental Health 1 2. A personal attorney or personal guardian of the patient. 2 3. The spouse or a relative or dependent of the patient. (3) Without limiting subsection (2), the tribunal must consider the 3 following matters in deciding whether a person has a sufficient personal 4 interest-- 5 (a) whether the patient represents a risk to the safety of the person for 6 whom the order is to be made; 7 (b) whether it is likely the patient will come into contact with the 8 person; 9 (c) the nature and seriousness of the offence that led to the patient 10 becoming a forensic patient. 11 to be considered by tribunal in making notification order 12 Matters 224.(1) This section applies if the tribunal is satisfied it may, under 13 section 222, make a notification order about a patient. 14 (2) In deciding to make the order, the tribunal must consider the 15 following-- 16 (a) if an application is made for the order--the grounds of the 17 application; 18 (b) whether as a consequence of the order the patient's treatment or 19 rehabilitation is likely to be adversely affected; 20 (c) the patient's views; 21 (d) other matters the tribunal considers appropriate. 22 23 Note-- 24 The principle relating to confidentiality of information stated in section 8(i) is 25 relevant to the tribunal's consideration of the matters. may impose conditions 26 Order 225.(1) The tribunal may impose the conditions on the notification order 27 the tribunal considers appropriate. 28 (2) The person for whom the order is made must comply with the 29

s 226 135 s 226 Mental Health conditions imposed on the notification order. 1 Maximum penalty--40 penalty units. 2 of order or decision to refuse 3 Notice 226.(1) If the tribunal decides to make a notification order about a patient, 4 the tribunal must give a copy of the order to the persons mentioned in 5 subsection (3). 6 (2) If the tribunal decides to refuse an application for a notification order 7 about a patient, the tribunal must give written notice of the decision to the 8 persons mentioned in subsection (3). 9 (3) For subsections (1) and (2), the persons are-- 10 (a) the patient; and 11 (b) the person for whom the order is made or applicant for the order; 12 and 13 (c) the administrator of the patient's treating health service; and 14 (d) the director. 15 (4) The tribunal must give its reasons for the decision to the patient and 16 the person for whom the order is made or applicant for the order. 17 18 Note-- 19 The principle relating to confidentiality of information stated in section 8(i) is 20 relevant to the tribunal giving its reasons. (5) The reasons must be given in writing. 21 (6) However, a confidentiality order of the tribunal may displace the 22 requirement to give the reasons for the decision to the patient.78 23 (7) If the director asks for the tribunal's reasons for the decision, the 24 tribunal must give the reasons to the director within 7 days after receiving 25 the request. 26 78 See section 458 (Confidentiality orders).

s 227 136 s 229 Mental Health officer to give notices under order 1 Executive 227. If the tribunal makes a notification order about a patient, the 2 executive officer must give any notices required under the order. 3 3--Variation and revocation 4 Division and revocation of notification orders 5 Variation 228.(1) The patient, director or person for whom a notification order is 6 made about a patient may apply to the tribunal for an order to vary or revoke 7 the notification order. 8 (2) Division 2 applies, with all necessary changes, to the application as if 9 it were an application for a notification order for the patient. 10 (3) Also, for an application made by the patient or director, the tribunal 11 must give written notice of its decision, and reasons for the decision, on the 12 application to the person for whom the order is made. 13 ART 6--TREATMENT APPLICATIONS 14 P to perform electroconvulsive therapy 15 Application 229.(1) A psychiatrist may apply to the tribunal for approval to 16 administer electroconvulsive therapy on an involuntary patient if the 17 psychiatrist is satisfied-- 18 (a) electroconvulsive therapy is the most clinically appropriate 19 treatment alternative for the patient having regard to the patient's 20 clinical condition and treatment history; and 21 (b) the patient is incapable of giving informed consent79 to the 22 treatment. 23 79 For requirements of informed consent, see chapter 4 (Treatment of persons who have mental illnesses) part 3 (Regulated and prohibited treatments, seclusion and restraint), division 1 (Informed consent).

s 230 137 s 232 Mental Health (2) The application must be in the approved form. 1 (3) On making the application, the psychiatrist must tell the patient and 2 the patient's allied person about the application. 3 to perform psychosurgery 4 Application 230.(1) A psychiatrist may apply to the tribunal for approval to perform 5 psychosurgery on a person if the psychiatrist is satisfied the person has 6 given informed consent80 to the psychosurgery. 7 (2) The application must be in the approved form. 8 for deciding application 9 Time 231.(1) The tribunal must decide a treatment application within a 10 reasonable time after it is made. 11 (2) However, if the application is for approval to perform 12 electroconvulsive therapy and a certificate is given under section 14081, the 13 tribunal must decide the application within 5 days after it is made. 14 of hearing of application 15 Notice 232.(1) The tribunal must give written notice of the hearing of the 16 treatment application. 17 (2) For a notice of a hearing of a treatment application for approval to 18 administer electroconvulsive therapy, the notice must be given to the 19 following persons-- 20 (a) the patient the subject of the application; 21 (b) the administrator of the patient's treating health service; 22 (c) if an application has been made for the administration of the 23 treatment by someone other than the patient--the applicant; 24 80 For requirements of informed consent, see chapter 4 (Treatment of persons who have mental illnesses), part 3 (Regulated and prohibited treatments, seclusion and restraint), division 1 (Informed consent). 81 Section 140 (Performance of electroconvulsive therapy in emergency)

s 233 138 s 233 Mental Health (d) the patient's allied person; 1 (e) if the patient is a minor--a parent of the minor or the minor's 2 guardian; 3 (f) if the tribunal reasonably believes the patient has a personal 4 attorney--the attorney; 5 (g) if the tribunal reasonably believes the patient has a personal 6 guardian--the guardian. 7 (3) For a notice of a hearing of a treatment application for approval to 8 perform psychosurgery, the notice must be given to-- 9 (a) the person the subject of the application; and 10 (b) the applicant. 11 (4) The notice must-- 12 (a) be in the approved form; and 13 (b) be given-- 14 (i) for an application for electroconvulsive therapy--at least 15 2 days before the hearing; or 16 (ii) for another application for psychosurgery--at least 7 days 17 before the hearing; and 18 (b) state the following information-- 19 (i) the time and place of the hearing; 20 (ii) the nature of the hearing; 21 (iii) for a party to the proceeding--the party's right to be 22 represented at the hearing. 23 on application 24 Decision 233.(1) In deciding a treatment application, the tribunal must give, or 25 refuse to give, approval. 26 (2) The tribunal must not approve the administering of electroconvulsive 27 therapy to an involuntary patient unless the tribunal is satisfied-- 28 (a) the patient does not have the capacity to give informed consent to 29

s 234 139 s 234 Mental Health the administering of electroconvulsive therapy; and 1 (b) electroconvulsive therapy is the most appropriate treatment in the 2 circumstances having regard to the patient's clinical condition and 3 treatment history. 4 (3) If the tribunal decides to approve the administering of 5 electroconvulsive therapy, the decision must state the number of treatments 6 that may be given in a stated period. 7 (4) The tribunal must not approve the performing of psychosurgery on a 8 person unless the tribunal is satisfied-- 9 (a) the person has the capacity to give, and has given, informed 10 consent to the performing of psychosurgery; and 11 (b) psychosurgery has clinical merit and is appropriate in the 12 circumstances; and 13 (c) every available alternative to psychosurgery that could reasonably 14 be regarded as likely to produce a sufficient and lasting benefit has 15 been satisfactorily given without a sufficient and lasting benefit 16 resulting; and 17 (d) the psychosurgery is to be performed by a suitably qualified 18 person; and 19 (e) the psychosurgery is to be performed on the person at an 20 authorised mental health service. 21 of decision 22 Notice 234.(1) The tribunal must give a copy of its decision to-- 23 (a) the parties to the proceeding; and 24 (b) for an application for approval to administer electroconvulsive 25 therapy-- 26 (i) the patient's allied person; and 27 (ii) the administrator of the treating health service for the patient 28 the subject of the application. 29 (2) In addition, the tribunal must give the parties a written notice 30 stating-- 31

s 235 140 s 235 Mental Health (a) a party may within 7 days after receiving the notice, ask the 1 tribunal for written reasons for its decision; and 2 (b) a party may, within 28 days after receiving the notice, appeal to 3 the Mental Health Court against the decision; and 4 (c) how to appeal. 5 (3) If, within 7 days after receiving the notice, a party asks the tribunal for 6 written reasons for its decision, the tribunal must give the person the 7 reasons for the decision within 7 days after receiving the request. 8 (4) However, a confidentiality order of the tribunal may displace the 9 requirement to give the reasons for its decision to the patient.82 10 HAPTER 7--EXAMINATIONS, REFERENCES 11 C AND ORDERS FOR PERSONS CHARGED WITH 12 OFFENCES 13 PART 1--INTERPRETATION 14 for ch 7 15 Definition 235. In this chapter-- 16 "offence" does not include an offence against a Commonwealth law. 17 82 See section 458 (Confidentiality orders).

s 236 141 s 237 Mental Health PART 2--PROCEDURES FOR PARTICULAR 1 INVOLUNTARY PATIENTS CHARGED WITH 2 OFFENCES 3 Division 1--Preliminary 4 of pt 2 5 Application 236.(1) This part applies if-- 6 (a) a person is charged with a simple or indictable offence; and 7 (b) an involuntary treatment or forensic order is made for the person. 8 (2) For subsection (1), it is immaterial which happens first. 9 (3) However for subsection (1)(b), if the involuntary treatment order for 10 the person was made by an authorised doctor who is not a psychiatrist, this 11 part does not apply unless the order has been confirmed by a psychiatrist. 12 of application of part 13 Notice 237.(1) If the administrator of the patient's treating health service 14 becomes aware that this part applies, or may apply, to the patient, the 15 administrator must immediately tell the director. 16 (2) If the director is satisfied that this part applies to the patient, the 17 director must immediately give written notice of the application of the part 18 to the following persons-- 19 (a) the administrator; 20 (b) the chief executive for justice; 21 (c) the tribunal. 22 (3) Immediately after receiving the director's notice, the administrator 23 must tell the patient of the application of the part. 24 (4) The chief executive for justice must give written notice to the 25 following persons of the application of the part to the patient-- 26 (a) the registrar of the court before which the patient is to appear for 27 the offence; 28

s 238 142 s 239 Mental Health (b) the commissioner of the police service or the director of public 1 prosecutions as appropriate in the circumstances; 2 (c) if the patient is a child--the chief executive for families. 3 2--Examination of patient and procedures following 4 Division examination 5 of patient 6 Examination 238.(1) The administrator of the patient's treating health service must 7 arrange for the patient to be examined by a psychiatrist as soon as 8 practicable after the administrator receives the director's notice under 9 section 237(2). 10 (2) In making the examination, the psychiatrist must have regard to-- 11 (a) the patient's mental condition; and 12 (b) the relationship, if any, between the patient's mental illness and 13 the alleged offence and, in particular, the patient's mental capacity 14 when the alleged offence was committed having regard to the 15 Criminal Code, section 2783; and 16 (c) the likely duration of the patient's mental illness and the likely 17 outcome of the patient's treatment; and 18 (d) the patient's fitness for trial; and 19 (e) anything else the psychiatrist considers relevant. 20 (3) The psychiatrist must give the administrator of the health service a 21 report on the examination. 22 on examination 23 Reports 239. Within 21 days after the administrator receives the director's notice 24 under section 237(2), the administrator of the treating health service must 25 give to the director the psychiatrist's report on the examination. 26 83 Criminal Code, section 27 (Insanity)

s 240 143 s 241 Mental Health to refer patient's mental condition to Mental Health Court or 1 Director Attorney-General 2 240.(1) On consideration of the information available to the director, 3 including the psychiatrist's report, the director must-- 4 (a) refer the matter of the patient's mental condition relating to the 5 offence with which the patient is charged to the Mental Health 6 Court or the Attorney-General;84 and 7 (b) if the reference is to the Mental Health Court--give written notice 8 of the reference to the Attorney-General. 9 (2) The director must comply with subsection (1) within 14 days after 10 receiving the psychiatrist's report. 11 12 Note-- 13 This part ceases to apply to the patient if the involuntary treatment order for the 14 patient is revoked under section 121, 122 or 191, the patient ceases, under 15 section 207, to be a forensic patient or the prosecution of the patient for the 16 offence is discontinued. (3) However, the director must not refer the matter to the Mental Health 17 Court if the patient is charged only with a simple offence. 18 (4) Also, if the patient is charged with an indictable offence, the director 19 must not refer the matter to the Attorney-General unless the director is 20 satisfied the offence is not of a serious nature having regard to any damage, 21 injury or loss caused. 22 may defer reference 23 Director 241.(1) Despite section 240, if the director reasonably believes the patient 24 is unfit for trial but is likely to be fit for trial in less than 2 months, the 25 director may defer referring the matter for the period that ends 2 months 26 after the decision to defer. 27 (2) If the director defers a decision on the matter, the director must give 28 written notice of the decision to the Attorney-General. 29 (3) The director must, under section 240, refer the matter of the patient's 30 84 See part 3 (Procedure on reference to Attorney-General) and part 6 (Inquiries on references to Mental Health Court).

s 242 144 s 243 Mental Health mental condition to the Mental Health Court or Attorney-General within the 1 deferment period. 2 to Mental Health Court or Attorney-General 3 Reference 242.(1) A reference is made by-- 4 (a) for a reference to the Mental Health Court--filing notice in the 5 approved form in the registry; or 6 (b) for a reference to the Attorney-General--giving written notice to 7 the Attorney-General. 8 (2) The notice must be accompanied by a copy of the psychiatrist's report 9 on the psychiatrist's examination of the patient. 10 (3) The director must give written notice of the reference to the 11 administrator of the patient's treating health service. 12 (4) The administrator must give written notice of the reference to the 13 patient and the patient's allied person. 14 3--Miscellaneous 15 Division of proceedings 16 Suspension 243.(1) On the application of this part to the patient, the proceedings for 17 the offence are suspended until-- 18 (a) the Attorney-General has made a decision on a reference under 19 this part that the proceedings continue or be discontinued; or 20 (b) the Mental Health Court has made a decision on a reference under 21 this part; or 22 (c) the director has given notice to the chief executive for justice that 23 this part no longer applies to the patient. 24 (2) Subsection (1)(c) does not apply if a reference relating to the patient 25 has been made under part 4. 26

s 244 145 s 245 Mental Health may grant bail and proceedings may be discontinued 1 Court 244. This part does not prevent-- 2 (a) a court making an order granting the patient bail under the Bail 3 Act 1980; or 4 (b) the prosecution of the patient for the offence being discontinued at 5 any time by the complainant or director of public prosecutions.85 6 if part no longer applies in particular circumstances 7 Notice 245.(1) On receiving 1 of the following notices, the director must give 8 written notice to the chief executive for justice that this part no longer applies 9 to a patient-- 10 (a) a notice, under section 123 or 192, of the revocation of the 11 involuntary treatment order for the patient; 12 (b) a notice, under section 205, of the revocation of the forensic order 13 for the patient. 14 (2) The chief executive for justice must give written notice to the 15 following persons this part no longer applies to the patient-- 16 (a) the registrar of the court before which the patient is to appear for 17 the offence; 18 (b) the commissioner of the police service or the director of public 19 prosecutions as appropriate in the circumstances; 20 (c) if the patient is a child--the chief executive for families. 21 85 For a classified patient, see section 78 (When patient ceases to be classified patient).

s 246 146 s 247 Mental Health ART 3--PROCEDURE ON REFERENCE TO 1 P ATTORNEY-GENERAL 2 of pt 3 3 Application 246. This part applies if, under section 240, the director refers the matter 4 of the patient's mental condition relating to an offence to the 5 Attorney-General. 6 powers on reference 7 Attorney-General's 247.(1) The Attorney-General must have regard to the psychiatrist's 8 report on the examination of the patient, any recommendation of the director 9 and the matters mentioned in subsection (4) and decide that-- 10 (a) proceedings against the patient for the offence are to continue 11 according to law; or 12 (b) proceedings against the patient for the offence are to be 13 discontinued; or 14 (c) refer the matter of the patient's mental condition to the Mental 15 Health Court.86 16 (2) However, the Attorney-General must not refer the matter to the 17 Mental Health Court if the patient is charged only with a simple offence. 18 (3) The Attorney-General must make a decision under subsection (1) 19 within 28 days after receiving the reference. 20 (4) For subsection (1), the Attorney-General must have regard to the 21 following-- 22 (a) the nature of the offence, including, whether any harm was done 23 to a victim or any damage, injury or loss was caused; 24 (b) information available about the patient's mental condition when 25 the offence was committed; 26 (c) information available about the patient's current mental condition, 27 and, in particular, the patient's fitness for trial; 28 86 See part 6 (Inquiries on references to Mental Health Court).

s 248 147 s 250 Mental Health (d) information available about the likely effect of a continuation of 1 proceedings on the patient's mental condition. 2 (5) However, the Attorney-General must not make a decision under 3 subsection (1)(a) if the director, in the notice given to the Attorney-General 4 under section 242(1)(b), states the patient is unfit for trial. 5 (6) The Attorney-General may make a decision under subsection (1)(a) 6 or (b) regardless of whether an involuntary treatment or forensic order is in 7 force for the patient. 8 of decision to director 9 Notice 248. The Attorney-General must give written notice of the 10 Attorney-General's decision on the reference to the director. 11 reference to Mental Health Court is made 12 How 249.(1) The reference of the patient's mental condition to the Mental 13 Health Court is made by filing notice in the approved form in the registry. 14 (2) The notice must be accompanied by a copy of the psychiatrist's report 15 on the psychiatrist's examination of the person. 16 of decision to continue proceedings 17 Effect 250.(1) If, under section 247(1)(a), the Attorney-General decides the 18 proceedings are to continue, the chief executive for justice must give written 19 notice to-- 20 (a) the registrar of the court in which the proceedings for the offence 21 are to continue; and 22 (b) the complainant or director of public prosecutions as appropriate 23 in the circumstances; 24 (c) if the patient is a child--the chief executive for families. 25 (2) The complainant or director of public prosecutions must give written 26 notice to the patient that the proceedings are to continue. 27 (3) The notice under subsection (2) must be served personally unless the 28 patient is in lawful custody other than in an authorised mental health service. 29

s 251 148 s 253 Mental Health (4) The court may issue a warrant for the patient's arrest to be brought 1 before the court to be dealt with according to law if it is satisfied-- 2 (a) the complainant or director of public prosecutions has taken 3 reasonable steps, but has been unable, to serve the notice on the 4 patient; and 5 (b) the patient has not appeared before the court when proceedings 6 against the patient for the offence were to be continued. 7 (5) On the proceedings being resumed, any evidence previously given 8 must be disregarded and the court must hear all evidence afresh. 9 on proceedings of decision to discontinue proceedings 10 Effect 251. If, under section 247(1)(b), the Attorney-General decides 11 proceedings against the patient for the offence are to be discontinued, the 12 charge against the person for the act or omission constituting the offence is 13 dismissed. 14 of decision to discontinue proceedings 15 Notice 252. If the Attorney-General decides the proceedings against the patient 16 for the offence are to be discontinued, the chief executive for justice must 17 give written notice of the decision to-- 18 (a) the registrar of the court in which the proceedings would have 19 continued; and 20 (b) if the patient is a child--the chief executive for families. 21 patient ceases to be classified patient 22 When 253.(1) If the patient is a classified patient and, under section 247(1), the 23 Attorney-General decides proceedings against the patient for the offence are 24 to be continued or discontinued, the patient ceases to be a classified 25 patient.87 26 (2) However, subsection (1) does not apply if-- 27 87 For what happens on patient ceasing to be classified patient, see chapter 3, part 4, division 5.

s 254 149 s 256 Mental Health (a) the patient is serving a sentence of imprisonment or detention 1 under a court order; or 2 (b) the patient is awaiting the start or continuation of proceedings for 3 an offence against a Commonwealth law. 4 (3) Also, the patient may continue to be an involuntary patient under 5 another provision of this Act. 6 of patient ceasing to be classified patient 7 Notice 254. Within 7 days after a patient ceases, under section 253, to be a 8 classified patient, the administrator of the patient's treating health service 9 must give written notice of the ceasing to the following persons-- 10 (a) the patient; 11 (b) the patient's allied person; 12 (c) if an involuntary treatment or forensic order is in force for the 13 patient--the tribunal. 14 for offence may be discontinued 15 Prosecution 255. This part does not prevent the complainant or director of public 16 prosecutions from discontinuing the prosecution of the patient for the 17 offence.88 18 PART 4--REFERENCES TO MENTAL HEALTH 19 COURT GENERALLY 20 of pt 4 21 Application 256. This part applies if there is reasonable cause to believe a person 22 alleged to have committed an indictable offence-- 23 88 For a classified patient, see section 78 (When patient ceases to be classified patient).

s 257 150 s 258 Mental Health (a) is mentally ill or was mentally ill when the alleged offence was 1 committed; or 2 (b) has an intellectual disability of a degree that issues of 3 unsoundness of mind, diminished responsibility or fitness for 4 trial should be considered by the Mental Health Court. 5 to Mental Health Court 6 Reference 257.(1) The matter of the person's mental condition relating to the 7 offence may be referred to the Mental Health Court by-- 8 (a) the person or the person's legal representative; or 9 (b) the Attorney-General; or 10 (c) the director of public prosecutions; or 11 (d) if the person is receiving treatment for mental illness--the 12 director.89 13 (2) However, the director may make a reference for a person who is not 14 under an involuntary treatment or forensic order only if-- 15 (a) the person agrees to the reference; or 16 (b) the director declares, in the reference, the director is satisfied the 17 person does not have the capacity to give agreement to the 18 reference. 19 (3) A reference made under this section may include a reference of the 20 person's mental condition relating to a simple offence alleged to have been 21 committed by the person. 22 reference to Mental Health Court is made 23 How 258.(1) The reference is made by filing notice in the approved form in the 24 registry. 25 (2) The notice must be accompanied by a copy of any expert's report on 26 the expert's examination of the person. 27 89 See part 6 (Inquiries on references to Mental Health Court).

s 259 151 s 261 Mental Health of proceedings 1 Suspension 259. On the reference being made, proceedings for the offence alleged to 2 have been committed by the person are suspended until the Mental Health 3 Court has made a decision on the reference. 4 may grant bail and proceedings may be discontinued 5 Court 260. This part does not prevent-- 6 (a) a court making an order granting or refusing the person bail under 7 the Bail Act 1980; or 8 (b) the prosecution of the person for any offence being discontinued 9 at any time by the complainant or director of public 10 prosecutions.90 11 PART 5--WITHDRAWAL OF REFERENCES TO 12 MENTAL HEALTH COURT 13 of reference 14 Withdrawal 261.(1) At any time before the Mental Health Court decides a reference, 15 an application may be made to the court to withdraw the reference by-- 16 (a) the person who made the reference; or 17 (b) if the person the subject of the reference is not subject to an 18 involuntary treatment or forensic order--the person or the 19 person's legal representative. 20 (2) The application must be made by-- 21 (a) filing notice with the registrar; or 22 (b) by oral submission at the hearing of the reference. 23 90 For a classified patient, see section 78 (When patient ceases to be classified patient).

s 262 152 s 264 Mental Health if application to withdraw filed 1 Notices 262.(1) This section applies if the application to withdraw the reference is 2 made by filing a notice under section 261(2)(a). 3 (2) Within 7 days after the notice is filed, the registrar must give written 4 notice of the application to the other parties to the proceeding. 5 (3) The registrar must give 7 days written notice of the hearing of the 6 application to the parties to the proceeding. 7 (4) The notice of the hearing must state the following information-- 8 (a) the time and place of the hearing; 9 (b) the nature of the hearing; 10 (c) the parties' rights to be represented at the hearing. 11 powers on deciding application 12 Court's 263.(1) In deciding an application, the Mental Health Court may grant or 13 refuse it. 14 (2) However, the court must not refuse the application unless the 15 withdrawal of the reference is contrary to the interests of justice. 16 PART 6--INQUIRIES ON REFERENCES TO MENTAL 17 HEALTH COURT 18 Division 1--Preliminary 19 of reference 20 Notices 264.(1) On reference of a person's mental condition relating to an offence 21 to the Mental Health Court,91 the registrar must give written notice of the 22 reference to-- 23 91 For who may make the reference, see sections 62, 240, 247 and 257.

s 265 153 s 266 Mental Health (a) the registrar of the court before which the person is to appear for 1 the offence; and 2 (b) the commissioner of the police service or the director of public 3 prosecutions as appropriate in the circumstances. 4 (2) Within 7 days after the reference is made, the registrar must give 5 written notice of the reference to the other parties to the proceeding for the 6 reference. 7 to be disclosed 8 Documents 265.(1) Each party to the proceeding must give the registrar a copy of 9 any expert's report the party has relating to the matters to be decided by the 10 Mental Health Court. 11 (2) Subsection (1) applies even if giving the report would disclose matter 12 detrimental to the case of the person the subject of the reference. 13 of hearing 14 Notice 266.(1) The registrar must give 7 days written notice of the hearing of the 15 reference to the following persons-- 16 (a) the parties to the proceeding; 17 (b) if the person the subject of the reference is an involuntary 18 patient--the administrator of the patient's treating health service; 19 (c) if the person the subject of the reference is in other lawful 20 custody--the person's custodian. 21 (2) The notice of the hearing must state the following information-- 22 (a) the time and place of the hearing; 23 (b) the nature of the hearing; 24 (c) the parties' rights to be represented at the hearing. 25

s 267 154 s 268 Mental Health 2--Hearing of reference by Mental Health Court 1 Division Health Court to decide unsoundness of mind and diminished 2 Mental responsibility 3 267.(1) On the hearing of the reference, the Mental Health Court92 4 must-- 5 (a) decide whether the person the subject of the reference was of 6 unsound mind when the alleged offence was committed; and 7 (b) if the person is alleged to have committed the offence of murder 8 and the court decides the person was not of unsound mind when 9 the alleged offence was committed--decide whether the person 10 was of diminished responsibility when the alleged offence was 11 committed. 12 (2) This section has effect subject to sections 268 and 269. 13 doubt person committed offence 14 Reasonable 268.(1) The Mental Health Court must not make a decision under 15 section 267(1)(a) or (b) if the court is satisfied there is reasonable doubt the 16 person committed the alleged offence (the "disputed offence"). 17 (2) However, the court may make a decision under section 267(1)(a) or 18 (b) if the doubt the person committed the disputed offence exists only as a 19 consequence of the person's mental condition. 20 (3) If elements of the disputed offence are elements of another offence 21 (the "alternative offence"), subsection (1) does not prevent the court from 22 making a decision under section 267(1)(a) for the alternative offence. 23 24 Example for application of subsection (3)-- 25 If the disputed offence is attempted murder, the court may make a decision in 26 relation to the alternative offence of grievous bodily harm if the alternative 27 offence is not disputed. (4) If the court decides the person was of unsound mind when the 28 92 For constitution of Mental Health Court, see section 382.

s 269 155 s 271 Mental Health alternative offence was committed proceedings against the person for the 1 disputed offence are discontinued. 2 relating to substantially material fact 3 Dispute 269.(1) The Mental Health Court must not make a decision under 4 section 267(1)(a) or (b) if the court is satisfied a fact that is substantially 5 material to the opinion of an expert witness is so in dispute it would be 6 unsafe to make the decision. 7 (2) Without limiting subsection (1), a substantially material fact may 8 be-- 9 (a) something that happened before, at the same time as, or after the 10 alleged offence was committed; or 11 (b) something about the person's past or present medical or 12 psychiatric treatment. 13 Mental Health Court must decide fitness for trial 14 When 270.(1) The Mental Health Court must decide whether the person is fit 15 for trial if-- 16 (a) the court decides the person was not of unsound mind; or 17 (b) under section 268 or 269, the court must not decide whether the 18 person was of unsound mind when the alleged offence was 19 committed. 20 (2) Subsection (1) does not apply if, under section 268(4), proceedings 21 against the person for the alleged offence are discontinued. 22 Health Court to decide whether unfitness for trial is 23 Mental permanent 24 271. If the Mental Health Court decides the person is unfit for trial, the 25 court must also decide whether the unfitness for trial is of a permanent 26 nature. 27

s 272 156 s 273 Mental Health 3--Provisions about continuing proceedings 1 Division Subdivision 1--Orders about continuing proceedings and custody 2 Mental Health Court to order proceedings to continue 3 When 272. If the Mental Health Court decides a person alleged to have 4 committed an offence is fit for trial, the court must order that proceedings 5 against the person for the offence be continued according to law. 6 about custody 7 Orders 273.(1) If the Mental Health Court orders proceedings against the person 8 for the offence continue, the court may order-- 9 (a) the person be remanded in custody or bail be granted or enlarged 10 under the Bail Act 1980 for the person; or 11 (b) the person be detained in a stated authorised mental health service 12 until-- 13 (i) the person is granted bail under the Bail Act 1980; or 14 (ii) the person is brought before a court for continuing the 15 proceedings. 16 (2) For subsection (1)-- 17 (a) a police officer, correctional officer or detention centre officer may 18 take the person to a place of custody; or 19 (b) a police officer, correctional officer, health practitioner or 20 detention centre officer may take the person to the authorised 21 mental health service stated in the order. 22 (3) A correctional officer, health practitioner or detention centre officer 23 may exercise the power under subsection (2) with the help, and using the 24 force, that is reasonable in the circumstances.93 25 93 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 274 157 s 278 Mental Health 2--Detention in authorised mental health service 1 Subdivision of sdiv 2 2 Application 274. This subdivision applies if, under section 273(1)(b), the Mental 3 Health Court orders the detention of a patient in an authorised mental health 4 service. 5 Health Court may approve limited community treatment 6 Mental 275. The Mental Health Court may, under the order, approve limited 7 community treatment for the patient if it is satisfied the patient, having 8 regard to the patient's mental illness or intellectual disability, does not 9 represent an unacceptable risk to the safety of the patient or others. 10 of order 11 Notice 276. The registrar must give written notice of the court's order to the 12 director. 13 under order 14 Detention 277. The patient may be detained under the court's order in the patient's 15 treating health service. 16 plan for patient 17 Treatment 278. An authorised doctor for the patient's treating health service must-- 18 (a) ensure a treatment plan is prepared for the patient;94 and 19 (b) talk to the patient about the patient's treatment or care under the 20 treatment plan. 21 94 See chapter 4 (Treatment of persons who have mental illnesses) part 2 (Treatment plans).

s 279 158 s 282 Mental Health or care under treatment plan 1 Treatment 279. The administrator of the patient's treating health service must ensure 2 the patient is treated or cared for as required under the patient's treatment 3 plan. 4 Division 4--Provisions about staying proceedings 5 stayed--not permanently unfit for trial 6 Proceedings 280. If the Mental Health Court decides a person charged with an offence 7 is unfit for trial but the unfitness for trial is not of a permanent nature, 8 proceedings for the offence are stayed until, on a review, the tribunal decides 9 the person is fit for trial.95 10 5--Provisions about discontinuing proceedings 11 Division discontinued--unsound mind 12 Proceedings 281.(1) If the Mental Health Court decides a person charged with an 13 offence was of unsound mind when the alleged offence was committed-- 14 (a) proceedings against the person for the offence are discontinued; 15 and 16 (b) further proceedings must not be taken against the person for the 17 act or omission constituting the offence. 18 (2) Subsection (1) is subject to the person exercising the person's right 19 under part 8 to elect to be brought to trial for the alleged offence. 20 proceedings discontinued--diminished responsibility 21 Particular 282. If the Mental Health Court decides a person charged with the 22 offence of murder was of diminished responsibility when the alleged 23 95 See chapter 6 (Tribunal reviews, notification orders and treatment applications), part 4 (Reviews by tribunal of mental condition of persons to decide fitness for trial).

s 283 159 s 284 Mental Health offence was committed-- 1 (a) proceedings against the person for the offence of murder are 2 discontinued; but 3 (b) proceedings may be continued against the person for another 4 offence constituted by the act or omission to which the 5 proceedings for the offence of murder relate. 6 discontinued--permanently unfit for trial 7 Proceedings 283. If the Mental Health Court decides a person charged with an offence 8 is unfit for trial and the unfitness for trial is of a permanent nature-- 9 (a) proceedings against the person for the offence are discontinued; 10 and 11 (b) further proceedings must not be taken against the person for the 12 act or omission constituting the offence. 13 6--Material submitted by non-parties 14 Division and consideration of relevant material by non-party 15 Submission 284.(1) In making a decision on a reference, the Mental Health Court 16 may receive in evidence material submitted by a person who is not a party 17 to the hearing of the reference if-- 18 (a) the material is sworn and not otherwise part of the brief of 19 evidence before the court; and 20 (b) the court is satisfied the material is relevant to the decision. 21 22 Example of relevant material-- 23 A statement by the victim of an offence that is not otherwise before the court 24 about the mental condition of the alleged offender when the offence was 25 committed. (2) The material must be submitted to the court by a party to the 26 proceeding. 27

s 285 160 s 286 Mental Health 1 Example for subsection (2)-- 2 The victim of an offence may submit relevant material to the court through the 3 prosecutor. (3) The person does not have a right of appearance before the court 4 unless otherwise ordered by the court. 5 for decision about non-party material 6 Reasons 285. In its decision on the reference, the Mental Health Court must give 7 reasons for receiving in evidence, or refusing to receive in evidence, material 8 submitted under section 284. 9 7--Miscellaneous provisions 10 Division of decisions and orders 11 Notices 286.(1) The registrar must give a copy of the Mental Health Court's 12 decision on a reference and if relevant, the order to continue proceedings 13 against the person for the offence, to the following persons-- 14 (a) the parties to the proceeding for the reference; 15 (b) the Attorney-General; 16 (c) the chief executive for justice; 17 (d) if an involuntary treatment or forensic order is in force for the 18 person--the tribunal; 19 (e) if the person the subject of the reference is an involuntary 20 patient--the administrator of the patient's treating health service; 21 (f) if the person the subject of the reference is in other lawful 22 custody--the person's custodian. 23 (2) However, subsection (1)(d) does not apply if-- 24 (a) under section 272, the court orders proceedings against the person 25 for the offence continue; and 26 (b) the person the subject of the reference is not an involuntary 27 patient. 28

s 287 161 s 288 Mental Health (3) The chief executive for justice must give written notice of the decision 1 and order to-- 2 (a) the registrar of the court in which the proceedings for the offence 3 are to continue or would have continued; and 4 (b) if the person is a child--the chief executive for families. 5 person ceases to be classified patient 6 When 287.(1) This section applies if the person the subject of the reference is a 7 classified patient. 8 (2) On a decision on the reference, the patient ceases to be a classified 9 patient unless-- 10 (a) the patient is serving a sentence of imprisonment or detention 11 under a court order; or 12 (b) the patient is awaiting the start or continuation of proceedings for 13 an offence against a Commonwealth law.96 14 (3) However, the patient may continue to be an involuntary patient under 15 another provision of this Act. 16 PART 7--FORENSIC PATIENTS 17 Division 1--Forensic orders by Mental Health Court 18 Health Court may make forensic order 19 Mental 288.(1) This section applies if, on a reference, the Mental Health Court 20 decides a person charged with an indictable offence-- 21 (a) was of unsound mind when the alleged offence was committed; 22 or 23 96 For what happens on patient ceasing to be classified patient, see chapter 3, part 4, division 5.

s 289 162 s 289 Mental Health (b) is unfit for trial for the alleged offence and the unfitness for trial is 1 of a permanent nature; or 2 (c) is unfit for trial for the alleged offence and the unfitness for trial is 3 not of a permanent nature. 4 (2) The court may make an order under this division (a "forensic order 5 (Mental Health Court)") for a person mentioned in subsection (1)(a) or 6 (b) that the person be detained in a stated authorised mental health service 7 for involuntary treatment or care. 8 (3) In deciding whether to make the order, the court must have regard to 9 the following-- 10 (a) the seriousness of the offence; 11 (b) the person's treatment needs; 12 (c) the protection of the community. 13 (4) The court must make an order under this division (also a "forensic 14 order (Mental Health Court)") for a person mentioned in 15 subsection (1)(c) that the person be detained in a stated authorised mental 16 health service for involuntary treatment or care. 17 (5) A forensic order (Mental Health Court) must be in the approved 18 form. 19 Health Court may order, approve or revoke limited 20 Mental community treatment 21 289.(1) The Mental Health Court, may under the forensic order for the 22 patient-- 23 (a) order that the patient have limited community treatment subject to 24 the reasonable conditions the court considers appropriate; or 25 (b) approve limited community treatment for the patient subject to the 26 reasonable conditions the court considers appropriate; or 27 (c) revoke an order or approval for limited community treatment for 28 the patient. 29 (2) However, the Mental Health Court must not order or approve limited 30 community treatment if it is satisfied the patient, because of the patient's 31 mental illness or intellectual disability, represents an unacceptable risk to the 32

s 290 163 s 291 Mental Health safety of the patient or others. 1 (3) Also, the court must not order or approve limited community 2 treatment for a patient mentioned in section 288(1)(c) if it is satisfied there is 3 an unacceptable risk the patient would, if the treatment were undertaken in 4 the community-- 5 (a) not return to the authorised mental health service when required; 6 or 7 (b) commit an offence; or 8 (c) endanger the safety or welfare of the patient or others. 9 (4) In deciding whether to order or approve limited community treatment 10 for a patient, the court must have regard to the following-- 11 (a) the patient's mental state and psychiatric history; 12 (b) the offence leading to the making of the forensic order for the 13 patient; 14 (c) the patient's social circumstances; 15 (d) the patient's response to treatment and willingness to continue 16 treatment. 17 of forensic order on involuntary treatment order 18 Effect 290. On the making of the forensic order for the patient, any involuntary 19 treatment order in force for the patient before the making of the forensic 20 order ends. 21 to give notice of order 22 Registrar 291. The registrar must give written notice of the forensic order to the 23 following-- 24 (a) the parties to the proceeding for the reference; 25 (b) the Attorney-General; 26 (c) the chief executive for justice; 27 (d) the tribunal; 28 (e) the administrator of the authorised mental health service stated in 29

s 292 164 s 294 Mental Health the order; 1 (f) if, before the making of the order, the patient was in other lawful 2 custody--the patient's custodian; 3 (g) if the patient is a child--the chief executive for families. 4 patient to authorised mental health service 5 Taking 292.(1) A police officer, correctional officer, health practitioner or 6 detention centre officer may take the patient to the authorised mental health 7 service stated in the forensic order for the patient. 8 (2) A correctional officer, health practitioner or detention centre officer 9 may exercise the power under subsection (1) with the help, and using the 10 force, that is reasonable in the circumstances.97 11 under order 12 Detention 293. The patient may be detained in the authorised mental health service 13 stated in the forensic order for the patient until the patient ceases to be a 14 forensic patient.98 15 to be given effect 16 Order 294. The administrator of the patient's treating health service must ensure 17 the forensic order for the patient is given effect. 18 19 Note-- 20 Giving effect to the order may require any 1 or more of the following-- 21 (a) changing the patient's treatment plan, see section 125(2); 97 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals). 98 For reviews by the Mental Health Review Tribunal of a forensic patient's mental condition, see chapter 6 (Tribunal reviews, notification orders and treatment applications), parts 3 (Reviews by tribunal for forensic patients) and 4 (Reviews by tribunal of mental condition of persons to decide fitness for trial). For when a patient ceases to be a forensic patient, see sections 207 (When patient ceases to be forensic patient) and 219 (Effect of continuing proceedings on forensic patient).

s 295 165 s 298 Mental Health 1 (b) authorising limited community treatment, see sections 129 and 130; 2 (c) requiring the patient to return to an authorised mental health service, see 3 section 507(1)(c). to give notice of order to patient's allied person 4 Administrator 295. The administrator of the patient's treating health service must give 5 notice of the forensic order to the patient's allied person. 6 plan for patient 7 Treatment 296. An authorised doctor for the authorised mental health service 8 must-- 9 (a) ensure a treatment plan is prepared for the patient;99 and 10 (b) talk to the patient about the patient's treatment or care under the 11 treatment plan. 12 or care under treatment plan 13 Treatment 297. The administrator of the authorised mental health service must 14 ensure the patient is treated or cared for as required under the patient's 15 treatment plan. 16 assessments of patient 17 Regular 298.(1) The administrator of the treating health service must ensure an 18 authorised psychiatrist for the health service carries out regular assessments 19 of the patient as required under the patient's treatment plan. 20 (2) The authorised psychiatrist must record details of each assessment in 21 the patient's clinical file. 22 99 See chapter 4 (Treatment of persons who have mental illnesses) part 2 (Treatment plans).

s 299 166 s 300 Mental Health 2--Forensic orders following jury findings 1 Division 1--Preliminary 2 Subdivision of div 2 3 Application 299. This division applies if, on the trial of a person charged with an 4 indictable offence-- 5 (a) a jury has-- 6 (i) under the Criminal Code, section 613, found the person not 7 capable of understanding the proceedings at the trial for the 8 reason that the person is of unsound mind (a "section 613 9 finding"); or 10 (ii) under the Criminal Code, section 645, found the person is 11 not of sound mind (a "section 645 finding"); or 12 (iii) under the Criminal Code, section 647, found the person not 13 guilty of the offence on account of the person being of 14 unsound mind when the act or omission alleged to constitute 15 the offence occurred (a "section 647 finding"); and 16 (b) a court has, under the relevant section of the Criminal Code-- 17 (i) made an order (a "forensic order (Criminal Code)") in 18 relation to the person being kept in custody in an authorised 19 mental health service; or 20 (ii) made an order (a "custody order") in relation to the person 21 being kept in custody in another place. 22 2--Notices of orders and references 23 Subdivision of court to give notice of order 24 Registrar 300. Within 7 days after a forensic order (Criminal Code) or custody 25 order is made, the registrar of the court that made the order must give notice 26 of the order in the approved form to the chief executive for justice and the 27 director. 28

s 301 167 s 303 Mental Health to refer mental condition of particular persons to tribunal 1 Director 301.(1) This section does not apply to a person for whom a court has 2 made a custody order following a section 647 finding. 3 (2) Immediately after receiving the registrar's notice, the director must 4 refer the matter of the person's mental condition to the tribunal. 5 3--Forensic orders by Minister 6 Subdivision may make forensic order for persons subject to custody 7 Minister order 8 302.(1) This section applies to a person for whom a court has made a 9 custody order. 10 (2) If the Minister is satisfied it is necessary for the proper treatment or 11 care of the person, the Minister may, by written order (a "forensic order 12 (Minister)"), direct the person be admitted to, and detained in-- 13 (a) a stated high security unit; or 14 (b) if the Minister is satisfied the person can be safely detained in an 15 authorised mental health service that is not a high security unit--a 16 stated authorised mental health service. 17 (3) A forensic order (Minister) must be in the approved form. 18 of forensic order (Minister) 19 Effect 303. On the making of the forensic order, the patient may be admitted to, 20 and detained in, the patient's treating health service for involuntary treatment 21 or care until the patient ceases to be a forensic patient.100 22 100 For reviews by the Mental Health Review Tribunal of a forensic patient's mental condition, see chapter 6 (Tribunal reviews, notification orders and treatment applications), parts 3 (Reviews by tribunal for forensic patients) and 4 (Reviews by tribunal of mental condition of persons to decide fitness for trial). For when a patient ceases to be a forensic patient, see sections 207 (When patient ceases to be forensic patient) and 219 (Effect of continuing proceedings on forensic patient).

s 304 168 s 308 Mental Health of forensic order (Minister) 1 Notice 304. The Minister must give written notice of the making of the forensic 2 order to the tribunal. 3 patient to authorised mental health service 4 Taking 305.(1) A police officer, correctional officer or detention centre officer 5 may take the patient from the place of custody to the treating health service. 6 (2) A correctional officer or detention centre officer may exercise the 7 power under subsection (1) with the help, and using the force, that is 8 reasonable in the circumstances.101 9 Subdivision 4--Miscellaneous provisions 10 to give notice of forensic order to patient's allied person 11 Administrator 306. The administrator of the patient's treating health service must give 12 notice of the making of the forensic order for the patient to the patient's 13 allied person. 14 plan for patient 15 Treatment 307. An authorised doctor for the treating health service must-- 16 (a) ensure a treatment plan is prepared for the patient;102 and 17 (b) talk to the patient about the patient's treatment or care under the 18 treatment plan. 19 or care under treatment plan 20 Treatment 308. The administrator of the treating health service must ensure the 21 patient is treated or cared for as required under the patient's treatment plan. 22 101 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals). 102 See chapter 4 (Treatment of persons who have mental illnesses), part 2 (Treatment plans).

s 309 169 s 313 Mental Health assessments of patient 1 Regular 309.(1) The administrator of the treating health service must ensure an 2 authorised psychiatrist for the health service carries out regular assessments 3 of the patient as required under the patient's treatment plan. 4 (2) The authorised psychiatrist must record details of each assessment in 5 the patient's clinical file. 6 PART 8--RIGHT TO TRIAL RETAINED 7 of pt 8 8 Application 310. This part applies if the Mental Health Court decides a person 9 charged with an offence was of unsound mind when the offence was 10 committed. 11 may elect to go to trial 12 Person 311.(1) Despite the court's decision, the person may elect to be brought 13 to trial for the offence. 14 (2) The election must be made by giving the Attorney-General a notice in 15 the approved form within 28 days after the person receives written notice of 16 the court's decision. 17 powers on election to go to trial 18 Attorney-General's 312. The Attorney-General must ensure proceedings against the person 19 for the offence are continued according to law within 28 days after receiving 20 the patient's election to go to trial. 21 of election to go to trial when proceedings continued 22 Effect 313. A forensic order for the patient continues in force until a decision is 23 made on the proceedings against the person for the offence. 24

s 314 170 s 316 Mental Health PART 9--ADMISSIBILITY AND USE OF EVIDENCE 1 for pt 9 2 Definition 314. In this part-- 3 "expert's report" includes a clinical record relevant to a person's mental 4 condition. 5 of expert's report at trial 6 Admissibility 315. An expert's report received in evidence by the Mental Health Court 7 on a reference is admissible at the trial of the person for an alleged offence 8 only-- 9 (a) for deciding whether-- 10 (i) the person is wanting of understanding, for the application of 11 the Criminal Code, section 613; or 12 (ii) the person is not of sound mind, for the application of the 13 Criminal Code, section 645; or 14 (iii) the person was of unsound mind or diminished 15 responsibility, when the alleged offence was committed; or 16 (iv) the person should be detained in an authorised mental health 17 service under a forensic order (Criminal Code); or 18 (v) a court assessment order should be made for the person; or 19 (b) for sentencing the person. 20 statements not admissible in any proceeding 21 Particular 316.(1) A statement made by the person the subject of a reference at the 22 hearing of the reference is not admissible in evidence in any civil or criminal 23 proceeding against the person. 24 (2) Subsection (1) applies to statements made orally or in writing and 25 whether under oath or otherwise. 26 (3) However, subsection (1) does not apply to a proceeding for contempt 27

s 317 171 s 318 Mental Health of the Mental Health Court or an offence against the Criminal Code, 1 chapter 16.103 2 condition may be raised, but court's decision not admissible, 3 Mental at trial 4 317.(1) A decision by the Mental Health Court on a reference of a 5 person's mental condition does not prevent the person from raising the 6 person's mental condition at the person's trial for the alleged offence the 7 subject of the reference. 8 (2) If the issue of the person's mental condition is raised at the person's 9 trial, the Mental Health Court's decision is not admissible in evidence. 10 of expert's report received by Mental Health Court 11 Use 318.(1) An expert's report received in evidence by the Mental Health 12 Court on a reference of a person's mental condition may be given to-- 13 (a) the administrator of the authorised mental health service 14 responsible for the treatment or care of the person; or 15 (b) the tribunal for conducting a review or making a notification 16 order. 17 (2) The report may be given to, and used by, another person only with 18 the leave of the court. 19 (3) The court may grant the leave subject to the conditions it considers 20 appropriate. 21 103 The Criminal Code, chapter 16, (Offences relating to the administration of justice)

s 319 172 s 321 Mental Health CHAPTER 8--APPEALS 1 PART 1--APPEALS AGAINST TRIBUNAL 2 DECISIONS 3 1--Making and hearing appeals 4 Division to which part applies 5 Decisions 319. This part applies to the following decisions-- 6 (a) a review decision; 7 (b) a decision of the tribunal on a treatment application; 8 (c) a decision of the tribunal on an application under chapter 5, part 1, 9 division 3, for approval that a patient move out of Queensland. 10 may appeal 11 Who 320. The following persons may appeal to the Mental Health Court 12 against a decision to which this part applies-- 13 (a) a party to the proceeding for the decision; 14 (b) a person on behalf of the patient for whom the decision is made; 15 (c) the director. 16 to start appeal 17 How 321.(1) The appeal is started by filing notice of appeal in the registry. 18 (2) The notice of appeal must be filed-- 19 (a) if the appellant is the director--within 28 days after the decision is 20 made; or 21 (b) if paragraph (a) does not apply--within 28 days after the appellant 22 receives written notice of the decision. 23 (3) The Mental Health Court may, at any time, extend the time for filing 24

s 322 173 s 323 Mental Health the notice of appeal. 1 (4) The notice of appeal must-- 2 (a) be in the approved form; and 3 (b) state fully the grounds of the appeal and the facts relied on. 4 of appeal and hearing 5 Notices 322.(1) Within 7 days after the notice of appeal is filed, the registrar must 6 give written notice of the appeal to the following persons-- 7 (a) the other parties to the appeal; 8 (b) the director; 9 (c) anyone else to whom notice of the tribunal's hearing for the 10 review or application was given; 11 (d) the tribunal. 12 (2) The registrar must give 7 days written notice of the hearing of the 13 appeal to the following persons-- 14 (a) the parties to the appeal; 15 (b) the administrator of the patient's treating health service; 16 (c) the director; 17 (d) anyone else to whom notice of the tribunal's hearing for the 18 review or application was given. 19 (3) The notice of the hearing of the appeal must state the following 20 information-- 21 (a) the time and place of the hearing of the appeal; 22 (b) the nature of the hearing; 23 (c) the parties' rights to be represented at the hearing. 24 of decision pending appeal 25 Stay 323.(1) The Mental Health Court may stay the decision appealed against 26 to secure the effectiveness of the appeal. 27

s 324 174 s 324 Mental Health (2) A stay-- 1 (a) may be given on the conditions the court considers appropriate; 2 and 3 (b) operates for the period fixed by the court; and 4 (c) may be revoked or amended by the court. 5 (3) The period of a stay must not extend past the time when the appeal is 6 decided. 7 (4) The court may, by written order, authorise a police officer to detain 8 the patient and take the patient to a stated authorised mental health service 9 pending the hearing of the appeal.104 10 (5) In this section-- 11 "patient" includes a person who, immediately before the decision appealed 12 against, was an involuntary patient. 13 of stay of decision on review of patient's fitness for trial 14 Notice 324.(1) This section applies if-- 15 (a) the decision appealed against is a review decision under chapter 6, 16 part 4;105 and 17 (b) under section 323, the Mental Health Court stays the decision. 18 (2) Immediately after the Attorney-General receives notice of the stay, the 19 chief executive for justice must give written notice to the following persons 20 of the stay-- 21 (a) the registrar of the court in which proceedings for the relevant 22 offence under chapter 6, part 4, are to be heard; 23 104 For a police officer's entry and search powers, see the Police Powers and Responsibilities Act 2000, section 19 (General power to enter to arrest or detain someone or enforce warrant). 105 Chapter 6 (Tribunal reviews, notification orders and treatment applications), part 4 (Reviews by tribunal of mental condition of persons to decide fitness for trial)

s 325 175 s 327 Mental Health (b) the commissioner of the police service or director of public 1 prosecutions as appropriate in the circumstances; 2 (c) if the patient is a child--the chief executive for families. 3 powers 4 Appeal 325.(1) In deciding the appeal, the Mental Health Court may confirm or 5 set aside the decision appealed against. 6 (2) If the Mental Health Court sets aside the decision appealed against-- 7 (a) the court may make a decision the tribunal could have made on 8 the review or application; and 9 (b) the decision is taken, for this Act (other than this part), to be that 10 of the tribunal. 11 of decision 12 Notice 326. The registrar must give a copy of the Mental Health Court's 13 decision to the following persons-- 14 (a) the parties to the proceeding; 15 (b) if the decision appealed against is a review decision--the 16 administrator of the patient's treating health service; 17 (c) if the director is not a party to the proceeding--the director; 18 (d) the tribunal. 19 Health Court's order final 20 Mental 327. The Mental Health Court's decision on the appeal-- 21 (a) is final and conclusive; and 22 (b) can not be impeached for informality or want of form; and 23 (c) can not be appealed against, reviewed, quashed or invalidated in 24 any court. 25

s 328 176 s 330 Mental Health Division 2--Participation and representation at appeals 1 of appearance--appeals against decisions on reviews 2 Right 328.(1) The following persons may appear in person at a hearing of an 3 appeal against a review decision-- 4 (a) the patient; 5 (b) if the appellant is the director--the director; 6 (c) for an appeal against a review decision under chapter 6, part 3 or 7 4106--the Attorney-General. 8 (2) A person mentioned in subsection (1) may be represented at the 9 hearing by a lawyer or, with the leave of the Mental Health Court, an agent. 10 of appearance--appeals against decisions on treatment 11 Right applications 12 329.(1) The following persons may appear in person at the hearing of an 13 appeal against a tribunal decision on a treatment application-- 14 (a) the applicant for the treatment; 15 (b) the person the subject of the treatment application. 16 (2) A person mentioned in subsection (1) may be represented at the 17 hearing by a lawyer or, with the leave of the Mental Health Court, an agent. 18 of appearance--appeals against decisions on application for 19 Right approval that a patient move out of Queensland 20 330.(1) The following persons may appear in person at the hearing of an 21 appeal against a tribunal decision on an application for approval that a patient 22 move out of Queensland-- 23 (a) the patient; 24 (b) the director. 25 106 Chapter 6 (Tribunal reviews, notification orders and treatment applications), part 3 (Reviews by tribunal for forensic patients) or 4 (Review by tribunal of mental condition of persons to decide fitness for trial)

s 331 177 s 333 Mental Health (2) A person mentioned in subsection (1) may be represented at the 1 hearing by a lawyer or, with the leave of the Mental Health Court, an agent. 2 may elect to become party to appeal 3 Director 331. The director may at any time, by notice filed in the registry, elect to 4 become a party to an appeal. 5 of particular persons to attend hearing 6 Right 332.(1) The following persons may attend a hearing to help the patient 7 represent the patient's views, wishes and interests-- 8 (a) patient's allied person; 9 (b) someone else granted leave to attend by the Mental Health Court. 10 (2) However, the patient's allied person or other person does not become 11 a party to the proceeding. 12 Division 3--Procedural provisions 13 procedures 14 Hearing 333.(1) The procedure for the appeal is to be in accordance with court 15 rules applicable to the appeal or, if the rules make no provision or 16 insufficient provision, in accordance with directions of the Mental Health 17 Court. 18 (2) The appeal is by way of rehearing, unaffected by the tribunal's 19 decision, on the material before the tribunal and any further evidence the 20 court allows. 21

s 334 178 s 337 Mental Health ART 2--APPEALS AGAINST MENTAL HEALTH 1 P COURT DECISIONS ON REFERENCES 2 may appeal 3 Who 334. The following persons may appeal to the Court of Appeal against a 4 decision of the Mental Health Court on a reference-- 5 (a) the person to whose mental condition the decision relates; 6 (b) the Attorney-General. 7 to start appeal 8 How 335.(1) An appeal is started by filing notice of appeal with the registrar of 9 the Court of Appeal. 10 (2) The notice of appeal must be filed within 28 days after the appellant 11 receives notice of the decision. 12 (3) However, the Court of Appeal may at any time extend the period for 13 filing the notice of appeal. 14 (4) The notice of appeal must-- 15 (a) be signed by the appellant or the appellant's lawyer; and 16 (b) state fully the grounds of the appeal and the facts relied on. 17 procedures 18 Hearing 336. The procedure for the appeal is to be in accordance with court rules 19 applicable to the appeal or, if the rules make no provision or insufficient 20 provision, in accordance with directions of the Court of Appeal. 21 powers 22 Appeal 337.(1) In deciding the appeal, the Court of Appeal may-- 23 (a) confirm the decision appealed against; or 24 (b) set aside the decision appealed against. 25 (2) If the court sets aside the decision, the court may-- 26

s 338 179 s 338 Mental Health (a) remit the matter to the Mental Health Court; or 1 (b) make a decision the Mental Health Court could have made on the 2 matter; or 3 (c) make a decision the Mental Health Court could have made on the 4 matter and remit the matter to the Mental Health Court. 5 (3) If the court makes a decision mentioned in subsection (2)(b) or (c), 6 the decision is taken, for this Act (other than this part), to be that of the 7 Mental Health Court. 8 (4) If the court remits the matter to the Mental Health Court, the court 9 must-- 10 (a) remand the person in custody; or 11 (b) grant the person bail under the Bail Act 1980. 12 (5) If the court remands the person in custody, the court may order the 13 person be detained in a stated authorised mental health service. 14 (6) The person may be detained under the court's order in the authorised 15 mental health service stated in the order. 16 of decision 17 Notice 338. The registrar of the Court of Appeal must give a copy of the Court 18 of Appeal's decision to the registrar of the Mental Health Court. 19

s 339 180 s 341 Mental Health HAPTER 9--ALLIED PERSONS AND 1 C PARTICULAR RIGHTS OF INVOLUNTARY 2 PATIENTS 3 PART 1--ALLIED PERSONS 4 is an allied person 5 Who 339. An allied person for an involuntary patient is the person chosen or 6 declared under this part to be the patient's allied person. 7 of allied person 8 Function 340. The function of an involuntary patient's allied person is to help the 9 patient to represent the patient's views, wishes and interests relating to the 10 patient's assessment, detention and treatment under this Act. 11 may choose allied person 12 Patient 341.(1) An involuntary patient may choose any 1 of the following 13 persons, other than a health service employee at the patient's treating health 14 service, who is capable, readily available and willing to be the patient's allied 15 person for this Act-- 16 (a) if the patient is a minor--a parent of the minor or the minor's 17 guardian; 18 (b) if the patient has a personal guardian--the guardian; 19 (c) if the patient has a personal attorney--the attorney; 20 (d) an adult relative or adult close friend of the patient; 21 (e) an adult carer of the patient; 22 (f) another adult. 23 24 Examples of application of section-- 25 1. A patient who is a minor may choose a person mentioned in paragraph (a), (d), 26 (e) or (f) to be the patient's allied person.

s 342 181 s 343 Mental Health 1 2. An adult patient may choose a person mentioned in paragraph (d) to be the 2 patient's allied person even though the patient has a personal attorney or 3 personal guardian. (2) This section has effect subject to section 342. 4 is allied person if patient does not have capacity to choose allied 5 Who person 6 342.(1) This section applies if the administrator of an involuntary 7 patient's treating health service is satisfied the patient does not have the 8 capacity to choose an allied person. 9 (2) If the patient, by an advance health directive under the Powers of 10 Attorney Act 1998,107 has directed that a stated person be the patient's allied 11 person, the stated person is the patient's allied person. 12 (3) If subsection (2) does not apply, the administrator must choose a 13 person, other than a health service employee at the patient's treating health 14 service, to be the patient's allied person. 15 (4) The person chosen must be-- 16 (a) the first person in listed order of the persons mentioned in 17 section 341 who is willing, readily available, capable and 18 culturally appropriate to be the patient's allied person; or 19 (b) if no-one in the list is willing, readily available, capable and 20 culturally appropriate to be the patient's allied person-- 21 (i) if the patient is an adult--the adult guardian; or 22 (ii) if the patient is a minor--the children's commissioner under 23 the Children's Commissioner and Children's Services 24 Appeals Tribunals Act 1996. 25 allied person ceases to act 26 When 343. The choice of an allied person for an involuntary patient ends if-- 27 (a) under section 341, the patient chooses another person to be the 28 allied person; or 29 107 See Powers of Attorney Act 1998, section 35 (Advance health directives).

s 344 182 s 345 Mental Health (b) the patient tells the administrator of the patient's treating health 1 service that the patient no longer wishes to have an allied person 2 and the administrator is satisfied the patient has the capacity to 3 make that decision; or 4 (c) under section 341, the administrator of the patient's treating health 5 service chose the patient's allied person but the administrator is no 6 longer satisfied the person is willing, readily available, capable 7 and culturally appropriate to be the patient's allied person. 8 PART 2--RIGHTS OF PATIENTS 9 Division 1--Statement of rights 10 to prepare statement of rights 11 Director 344.(1) The director must prepare a written statement about the rights of 12 involuntary patients (a "statement of rights"). 13 (2) The statement must contain information about the following-- 14 (a) the rights of patients and allied persons for patients under this Act; 15 (b) the rights of patients to make complaints about the service 16 provided at an authorised mental health service and how the 17 complaints are made. 18 (3) The statement may also contain anything else the director considers 19 appropriate, including, for example, information from relevant standards for 20 providing mental health services. 21 of rights to be given to involuntary patient and patient's 22 Statement allied person 23 345.(1) On admission of an involuntary patient to an authorised mental 24 health service, the administrator of the health service must give a copy of the 25 statement of rights so far as it is relevant to the patient to-- 26 (a) the patient; and 27

s 346 183 s 347 Mental Health (b) the patient's allied person. 1 (2) In addition to the statement, the administrator must ensure the patient 2 is given an oral explanation of the information in the statement-- 3 (a) in the language or way the patient is most likely to understand; 4 and 5 (b) in a way that has appropriate regard to the patient's age, culture 6 and any disability. 7 (3) If the person giving the explanation to the patient believes the patient 8 has not understood the explanation the person must record details of the fact 9 in the patient's clinical file. 10 of rights 11 Notice 346. The administrator of an authorised mental health service must 12 ensure a notice about the information in the statement of rights is displayed 13 in the health service in a prominent place. 14 2--Examinations of, and visits to, involuntary patients 15 Division and visiting patient 16 Examining 347.(1) A health practitioner may, at any reasonable time of the day or 17 night-- 18 (a) visit and examine an involuntary patient in an authorised mental 19 health service; or 20 (b) consult with an authorised doctor for the health service about the 21 patient's treatment. 22 (2) A legal or other adviser for an involuntary patient in an authorised 23 mental health service may, at any reasonable time of the day or night, visit 24 the patient. 25 (3) The health practitioner or adviser may exercise a power under 26 subsection (1) or (2) only-- 27 (a) if asked by the patient or someone else on behalf of the patient; 28 and 29

s 348 184 s 349 Mental Health (b) under arrangements made with the administrator of the health 1 service. 2 HAPTER 10--SECURITY OF AUTHORISED 3 C MENTAL HEALTH SERVICES 4 PART 1--INTERPRETATION 5 for ch 10 6 Definitions 348. In this chapter-- 7 "authorised person", for an Act, means a person who is authorised under 8 the Act to perform inspection and enforcement functions. 9 "seizure provisions", of an Act, means the provisions of the Act relating to 10 the access to, and retention, disposal and forfeiture of, a thing after its 11 seizure under the Act. 12 PART 2--PROVISIONS ABOUT POSTAL ARTICLES 13 AND OTHER THINGS RECEIVED FOR PATIENTS IN 14 HIGH SECURITY UNITS 15 with postal articles for patients in high security units 16 Interfering 349.(1) A person must not prevent or impede in any way-- 17 (a) the delivery, to a patient in a high security unit, of a postal article 18 addressed to the patient; or 19 (b) the sending of a postal article for a patient in a high security unit. 20 Maximum penalty--20 penalty units. 21 (2) Subsection (1)(a) has effect subject to section 350. 22

s 350 185 s 350 Mental Health (3) A person does not commit an offence against subsection (1)(b) if the 1 addressee of the postal article has given written notice to the administrator of 2 the high security unit asking that postal articles addressed by or for the 3 patient to the addressee be withheld. 4 (4) However, subsection (3) does not apply to a postal article addressed 5 by or for a patient in a high security unit to any of the following persons-- 6 (a) a member of the Parliament of the Commonwealth or a State; 7 (b) the Mental Health Court; 8 (c) the tribunal; 9 (d) the director; 10 (e) a community visitor under the Guardianship and Administration 11 Act 2000; 12 (f) the Health Rights Commissioner appointed under the Health 13 Rights Commission Act 1991; 14 (g) the Parliamentary Commissioner for Administrative 15 Investigations appointed under the Parliamentary Commissioner 16 Act 1974; 17 (h) another person prescribed under a regulation for this paragraph. 18 and examining things received for patients in high security 19 Opening units 20 350.(1) Subject to subsections (2) to (4), the administrator of a high 21 security unit may open or examine anything received at the unit for a patient 22 in the unit. 23 (2) Before the administrator opens or examines the thing, the 24 administrator must tell the patient that the patient may ask that the patient's 25 lawyer be present at the opening or examination. 26 (3) The administrator may open or examine the thing only-- 27 (a) in the patient's presence; and 28 (b) if the patient asks that the patient's lawyer be present at the 29 opening or examination--in the lawyer's presence. 30 (4) Despite the patient's request that the patient's lawyer be present at the 31

s 350 186 s 350 Mental Health opening, the administrator may open the thing in the absence of the lawyer 1 if the administrator is satisfied it is not reasonably practicable to delay the 2 opening. 3 (5) If, on opening or examining the thing, the administrator is satisfied it 4 is a danger to the patient or someone else or to the security of the unit, the 5 administrator may-- 6 (a) with the patient's agreement--give it to someone else; or 7 (b) keep it for the patient and give it to the patient on the patient's 8 release from the unit; or 9 (c) return it to the sender; or 10 (d) if the administrator is satisfied it is of negligible value--dispose 11 of it in the way the administrator considers appropriate. 12 (6) However, if the administrator reasonably believes the thing is 13 connected with, or is evidence of, the commission or intended commission 14 of an offence against an Act, the administrator may seize the thing. 15 (7) If the administrator seizes the thing-- 16 (a) the administrator must give it to an authorised person under the 17 Act mentioned in subsection (6); and 18 (b) the seizure provisions of that Act apply to the thing as if the 19 authorised person had seized it under the provisions of that Act 20 that relate to the offence. 21 (8) However, if the authorised person is not reasonably satisfied the thing 22 is evidence of the commission or intended commission of the offence, the 23 authorised person must return it to the administrator who must deal with it 24 under this section. 25 (9) Immediately after making a decision about what happens to a seized 26 thing, the administrator must make a written record of the decision. 27

s 351 187 s 354 Mental Health PART 3--SEARCHES 1 Division 1--Preliminary 2 of "patient" for pt 3 3 Definition 351. In this part-- 4 "patient", in an authorised mental health service, means any person 5 admitted to or assessed, examined, detained or treated for a mental 6 illness in the health service. 7 of pt 3 8 Purpose 352. For ensuring the protection of patients and the security and good 9 order of authorised mental health services, this part provides for carrying 10 out searches of-- 11 (a) patients in authorised mental health services and their 12 possessions; and 13 (b) visitors to high security units and their possessions. 14 Division 2--Searches of patients and their possessions 15 1--Searches on reasonable belief of possession of harmful 16 Subdivision things 17 of sdiv 1 18 Application 353. This subdivision applies if a doctor, or the senior registered nurse on 19 duty, at an authorised mental health service reasonably believes a patient in 20 the health service has possession of a harmful thing. 21 to search patients and possessions 22 Authority 354.(1) The doctor or nurse may search, or authorise another health 23 practitioner to search, the patient or the patient's possessions. 24

s 355 188 s 357 Mental Health (2) The search may be carried out without the patient's consent. 1 (3) However, before carrying out the search, the doctor or nurse must tell 2 the patient the reasons for the search and how it is to be carried out. 3 2--Searches of patients and their possessions on admission 4 Subdivision or entry to high security units 5 to search patients and possessions 6 Authority 355.(1) On a person's admission as a patient, or a patient's entry, to a 7 high security unit, an authorised officer may, for detecting harmful things, 8 search the patient or the patient's possessions. 9 (2) However, before carrying out the search, the officer must tell the 10 patient the reasons for the search and how it is to be carried out. 11 (3) The search may be carried out without the patient's consent. 12 3--Carrying out searches 13 Subdivision of sdiv 3 14 Application 356. This subdivision applies if-- 15 (a) under subdivision 1, a doctor or nurse is authorised, or another 16 health practitioner has been authorised by a doctor or nurse, to 17 search a patient or a patient's possessions; or 18 (b) under subdivision 2, an authorised officer is authorised to search a 19 patient or a patient's possessions. 20 out search 21 Carrying 357.(1) The person authorised to carry out the search (the "searcher") 22 may require the patient, to submit, or submit the patient's possessions, to a 23 search under this section. 24 (2) The searcher may do any 1 or more of the following-- 25 (a) pass a hand-held electronic scanning device over or around the 26

s 357 189 s 357 Mental Health patient or the patient's possessions; 1 (b) open or inspect a thing in the patient's possession; 2 (c) remove and inspect an outer garment or footwear of the patient; 3 (d) remove and inspect all things from the pockets of the patient's 4 clothing; 5 (e) touch the clothing worn by the patient to the extent reasonably 6 necessary to detect things in the patient's possession; 7 (f) remove and inspect any detected thing. 8 (3) Also, the searcher may, with the approval of the administrator of the 9 authorised mental health service, remove and inspect all, or part of, the 10 patient's other clothing and anything found in the clothing. 11 (4) However, the administrator may give the approval only if the 12 administrator is reasonably satisfied it is necessary in the circumstances for 13 carrying out an appropriate search. 14 (5) The searcher may-- 15 (a) exercise a power of inspection under subsection (2) only if the 16 patient is present or has been given the opportunity to be present; 17 or 18 (b) exercise a power under subsection (2)(c) to (f) or (3) only if-- 19 (i) the searcher is the same sex as the patient; and 20 (ii) the search is carried out in a part of a building that ensures 21 the patient's privacy. 22 (6) The searcher must-- 23 (a) carry out the search in a way that respects the patient's dignity to 24 the greatest possible extent; and 25 (b) cause as little inconvenience to the patient as is practicable in the 26 circumstances. 27 (7) However, the searcher may carry out the search with the help, and 28 using the force, that is reasonable in the circumstances. 29

s 358 190 s 359 Mental Health of things 1 Seizure 358. The searcher may seize anything found during a search that the 2 searcher reasonably suspects is a harmful thing. 3 happens to thing seized 4 What 359.(1) If the administrator of the authorised mental health service is 5 reasonably satisfied the seized thing is a harmful thing, the administrator 6 must-- 7 (a) keep it for the patient and give it to the patient on the patient's 8 release from the health service; or 9 (b) give it to someone else if the patient is able to, and has given, 10 agreement to do so; or 11 (c) if the administrator is satisfied someone else is entitled to 12 possession of the thing--give or send it to the person; or 13 (d) if the administrator is reasonably satisfied it is of negligible 14 value--dispose of it in the way the administrator considers 15 appropriate. 16 (2) However, if the administrator reasonably believes the seized thing is 17 connected with, or is evidence of, the commission or intended commission 18 of an offence against an Act, the administrator must give it to an authorised 19 person under that Act. 20 (3) The seizure provisions of the Act mentioned in subsection (2) apply 21 to the thing as if the authorised person had seized it under the provisions of 22 the Act that relate to the offence. 23 (4) If the authorised person is not reasonably satisfied the thing is 24 evidence of the commission or intended commission of the offence, the 25 authorised person must return it to the administrator who must deal with it 26 under this section. 27 (5) Immediately after making a decision about what happens to a seized 28 thing, the administrator must make a written record of the decision. 29

s 360 191 s 361 Mental Health Subdivision 4--Miscellaneous 1 of searches 2 Records 360.(1) This section applies if-- 3 (a) a search is authorised under subdivision 1; or 4 (b) an administrator of an authorised mental health service gives an 5 approval mentioned in section 357(3); or 6 (c) a searcher seizes anything found during a search under this part. 7 (2) Immediately after carrying out the search, the searcher must make a 8 written record of the following details of the search-- 9 (a) the reasons for the search; 10 (b) if, under subdivision 1, a doctor or nurse authorised another 11 health practitioner to carry out the search--the name of the doctor 12 or nurse; 13 (c) the name of the searcher; 14 (d) how the search was carried out; 15 (e) the results of the search; 16 (f) anything seized. 17 Division 3--Searches of visitors to high security units, and their 18 possessions 19 to search visitors 20 Power 361.(1) An authorised officer for a high security unit may ask a visitor to 21 submit, or submit the visitor's possessions, to being searched, under this 22 division, by an authorised officer. 23 (2) The officer must tell the visitor in general terms of-- 24 (a) the officer's powers in relation to the search; and 25 (b) how the search is to be carried out; and 26 (c) the visitor's rights under this division. 27

s 362 192 s 363 Mental Health to leave high security unit 1 Directions 362.(1) If the visitor does not agree to the request, the authorised officer 2 may refuse the visitor permission to enter the high security unit or, if the 3 person is in the unit, direct the person to immediately leave the unit. 4 (2) If the visitor is directed to leave the unit, the visitor must comply with 5 the direction. 6 Maximum penalty for subsection (2)--20 penalty units. 7 out the search 8 Carrying 363.(1) For carrying out the search, the authorised officer may ask the 9 visitor to do any 1 or more of the following-- 10 (a) walk through an electronic scanning device; 11 (b) remove a stated outer garment or footwear; 12 (c) remove everything from the pockets of the visitor's clothing; 13 (d) open or inspect anything in the visitor's possession. 14 (2) Also, the officer may ask the visitor to leave a thing the officer 15 reasonably suspects is a harmful thing with the officer until the visitor 16 leaves the high security unit. 17 (3) If the visitor refuses to comply with a request under subsection (1) 18 or (2), the authorised officer may refuse the visitor permission to enter the 19 unit or, if the person is in the unit, direct the person to immediately leave the 20 unit. 21 (4) If the visitor is directed to leave the unit, the visitor must comply with 22 the direction. 23 Maximum penalty--20 penalty units. 24 (5) For carrying out the search, the authorised officer may-- 25 (a) pass a hand-held electronic scanning device over or around the 26 visitor or the visitor's possessions; and 27 (b) inspect an outer garment or footwear removed by the visitor; and 28 (c) touch the clothing worn by the visitor to the extent reasonably 29 necessary to detect things in the visitor's possession; and 30

s 364 193 s 366 Mental Health (d) remove and inspect any detected thing. 1 (6) The authorised officer may-- 2 (a) exercise a power of inspection under subsection (5) only if the 3 visitor is present or has been given the opportunity to be present; 4 or 5 (b) exercise a power under subsection (5)(c) or (d) only if-- 6 (i) the officer is the same sex as the visitor; and 7 (ii) the search is carried out in privacy in a part of a building that 8 ensures the visitor's privacy. 9 (7) The authorised officer must-- 10 (a) carry out the search in a way that respects the visitor's dignity to 11 the greatest possible extent; and 12 (b) ensure the officer causes as little inconvenience to the visitor as is 13 practicable in the circumstances to carry out an appropriate search. 14 may leave things with authorised officer 15 Visitor 364. If the visitor does not want the authorised officer to inspect anything 16 in the visitor's possession, the visitor may leave the thing with the 17 authorised officer until the visitor leaves the high security unit. 18 may ask for search to stop 19 Visitor 365.(1) The authorised officer must stop the search if the visitor tells the 20 officer the visitor does not want the search to continue and is prepared to 21 leave the high security unit immediately. 22 (2) The visitor must leave the unit immediately. 23 Maximum penalty for subsection (2)--20 penalty units. 24 of things to visitor 25 Return 366. If the visitor has left a thing with an authorised officer, the officer 26 must ensure the thing is returned to the visitor-- 27 (a) if the visitor asks for its return; and 28

s 367 194 s 370 Mental Health (b) if the officer is reasonably satisfied the visitor is about to leave the 1 high security unit. 2 of things 3 Seizure 367. The authorised officer may seize a harmful thing found during the 4 search if the officer reasonably believes it is connected with, or is evidence 5 of, the commission or intended commission of an offence. 6 for seized things 7 Receipt 368.(1) The authorised officer must give a receipt for the thing to the 8 visitor from whom it was seized. 9 (2) The receipt must describe generally the thing seized and its condition. 10 after thing seized 11 Procedure 369.(1) If the administrator of the authorised mental health service 12 reasonably believes the seized thing is connected with, or is evidence of, the 13 commission or intended commission of an offence against an Act, the 14 administrator must give it to an authorised person under that Act. 15 (2) The seizure provisions of the Act mentioned in subsection (1) apply 16 to the thing as if the authorised person had seized it under the provisions of 17 the Act that relate to the offence. 18 (3) If the administrator is not reasonably satisfied the thing is evidence of 19 the commission or intended commission of the offence, the administrator 20 must ensure reasonable efforts are made to return it to the visitor from 21 whom it was seized. 22 of seized things 23 Forfeiture 370.(1) This section applies to a seized thing mentioned in 24 section 369(3). 25 (2) The seized thing is forfeited to the State if the administrator of the 26 authorised mental health service-- 27 (a) can not find the visitor from whom it was seized, after making 28

s 371 195 s 372 Mental Health reasonable inquiries; or 1 (b) can not return it to the visitor, after making reasonable efforts. 2 (3) In applying subsection (2)-- 3 (a) subsection (2)(a) does not require the administrator to make 4 inquiries if it would be unreasonable in the particular 5 circumstances to make inquiries to find the visitor; and 6 (b) subsection (2)(b) does not require the administrator to make 7 efforts if it would be unreasonable in the particular circumstances 8 to make efforts to return the thing to the visitor. 9 (4) Regard must be had to a thing's nature, condition and value in 10 deciding-- 11 (a) whether it is reasonable to make inquiries or efforts; and 12 (b) if making inquiries or efforts--what inquiries or efforts, including 13 the period over which they are made, are reasonable. 14 to seized things 15 Access 371.(1) Until a seized thing is forfeited or returned, the administrator 16 must allow its owner to inspect it and, if it is a document, to copy it. 17 (2) Subsection (1) does not apply if it is impracticable or would be 18 unreasonable to allow the inspection or copying. 19 4--Identity cards 20 Division of identity cards 21 Approval 372.(1) The administrator of a high security unit must approve identity 22 cards for authorised officers for the unit. 23 (2) An approved identity card for an authorised officer must-- 24 (a) contain a recent photograph of the officer; and 25 (b) identify the person as a health practitioner or security officer at the 26 unit. 27

s 373 196 s 374 Mental Health (3) For subsection (2)(b), the identity of the officer as a health practitioner 1 must state the officer's occupation.108 2 Division 5--Compensation 3 for damage to possessions 4 Compensation 373.(1) A patient or visitor (the "claimant") may claim from the State 5 the cost of repairing or replacing the claimant's possessions damaged in the 6 exercise or purported exercise of a power under this part. 7 (2) The cost may be claimed and ordered in a proceeding-- 8 (a) brought in a court of competent jurisdiction for the recovery of the 9 amount claimed; or 10 (b) for an offence against this Act brought against the claimant. 11 (3) A court may order an amount be paid only if it is satisfied it is just to 12 make the order in the circumstances of the particular case. 13 (4) A regulation may prescribe matters that may, or must, be taken into 14 account by the court when considering whether it is just to make the order. 15 ART 4--EXCLUSION OF VISITORS 16 P may refuse to allow a person to visit a patient 17 Administrator 374.(1) The administrator of an authorised mental health service may 18 refuse to allow a person to visit a patient in the health service if the 19 administrator is satisfied the proposed visit will adversely affect the patient's 20 treatment. 21 108 See also section 542 (Official to identify himself or herself before exercising powers).

s 375 197 s 377 Mental Health 1 Example of application of subsection (1)-- 2 The administrator may be satisfied a patient's treatment will be adversely affected 3 if, on a previous visit by a person, the patient's mental state deteriorated. (2) The administrator must give the person written notice of the decision. 4 (3) The notice must state the following-- 5 (a) the reasons for the decision; 6 (b) that the person may appeal to the tribunal against the decision 7 within 28 days after the person receives the notice; 8 (c) how the appeal is made. 9 may appeal 10 Who 375. A person who is dissatisfied with the decision of the administrator 11 of an authorised mental health service to refuse to allow the person to visit a 12 patient in the health service may appeal to the tribunal against the decision. 13 to start appeal 14 How 376.(1) An appeal is started by giving notice of appeal to the tribunal. 15 (2) The notice of appeal must be given within 28 days after the appellant 16 receives notice of the decision of the administrator of the authorised mental 17 health service. 18 (3) The tribunal may, at any time, extend the time for giving the notice of 19 appeal. 20 (4) The notice of appeal must-- 21 (a) be in the approved form; and 22 (b) state fully the grounds of the appeal and the facts relied on. 23 of appeal and hearing 24 Notices 377.(1) Within 7 days after the appeal is started, the tribunal must give 25 notice of the appeal to the administrator of the authorised mental health 26 service. 27 (2) The tribunal must give 7 days written notice of the hearing of the 28

s 378 198 s 380 Mental Health appeal to the parties to the appeal. 1 (3) The notice of the hearing of the appeal must state the following 2 information-- 3 (a) the time and place of the hearing of the appeal; 4 (b) the nature of the hearing; 5 (c) the parties' rights to be represented at the hearing. 6 of decision pending appeal 7 Stay 378.(1) The president of the tribunal may stay the decision appealed 8 against to secure the effectiveness of the appeal. 9 (2) A stay-- 10 (a) may be given on the reasonable conditions the president considers 11 appropriate; and 12 (b) operates for the period fixed by the president; and 13 (c) may be revoked or amended by the president. 14 (3) However, the period of a stay must not extend past the time when the 15 appeal is decided. 16 powers 17 Appeal 379. In deciding an appeal, the tribunal may confirm or revoke the 18 decision appealed against. 19 of decision 20 Notice 380. The tribunal must give a copy of the decision to the parties to the 21 appeal. 22

s 381 199 s 383 Mental Health HAPTER 11--MENTAL HEALTH COURT 1 C ART 1--ESTABLISHMENT, CONSTITUTION, 2 P JURISDICTION AND POWERS 3 Health Court established 4 Mental 381.(1) The Mental Health Court is established as a superior court of 5 record. 6 (2) The court has a seal that must be judicially noticed. 7 8 Constitution 382.(1) The Mental Health Court is constituted by a Supreme Court 9 judge sitting alone. 10 (2) In exercising jurisdiction under this Act, the court must be assisted by 11 2 assisting psychiatrists. 12 (3) However, if 2 assisting psychiatrists are not available to assist the 13 court in a particular hearing of a matter and the constituting judge is satisfied 14 it is necessary to hear the matter in the interests of justice, the court may be 15 assisted by only 1 psychiatrist. 16 (4) The constituting judge must decide the assisting psychiatrists who are 17 to assist the court for a particular hearing. 18 19 Jurisdiction 383.(1) The Mental Health Court has the following jurisdiction-- 20 (a) deciding appeals against decisions of the tribunal; 21 (b) deciding references of the mental condition of persons; 22 (c) investigating the detention of patients in authorised mental health 23 services. 24 (2) In exercising its jurisdiction, the court-- 25 (a) must inquire into the matter before it; and 26

s 384 200 s 386 Mental Health (b) may inform itself of any matter relating to the inquiry in any way 1 it considers appropriate. 2 (3) In a proceeding, the court may give directions about the hearing of a 3 matter.109 4 (4) The court's jurisdiction is not limited, by implication, by a provision 5 of this or another Act. 6 7 Powers 384.(1) The Mental Health Court may do all things necessary or 8 convenient to be done for, or in relation to, exercising its jurisdiction. 9 (2) Without limiting subsection (1), the court has the powers conferred 10 on it by this Act. 11 PART 2--PROVISIONS ABOUT CONSTITUTING 12 JUDGE OF COURT 13 of constituting judge 14 Appointment 385.(1) The Governor in Council may, by commission, appoint a 15 Supreme Court judge to constitute the Mental Health Court. 16 (2) The judge is appointed for the term, not more than 3 years, stated in 17 the commission. 18 does not affect constituting judge's tenure of office etc. 19 Appointment 386.(1) The appointment of, or service by, the judge as constituting judge 20 of the Mental Health Court does not affect-- 21 (a) the judge's tenure of office as a judge; or 22 109 Also, see the Evidence Act 1977, part 3A. The stated purposes of the part include the facilitation of the giving and receiving of evidence, and the making and receiving of submissions, in Queensland court proceedings by audio visual link or audio link.

s 387 201 s 388 Mental Health (b) the judge's rank, title, status, precedence, salary, annual or other 1 allowances or other rights or privileges as the holder of his or her 2 office as a judge. 3 (2) The judge's service as constituting judge is taken to be service as a 4 Supreme Court judge for all purposes. 5 constituting judge holds office 6 When 387.(1) The constituting judge of the Mental Health Court holds office 7 until-- 8 (a) the judge's term of appointment ends; or 9 (b) the judge ceases to be a Supreme Court judge. 10 (2) However, if the constituting judge ceases to hold office while hearing 11 a matter, the Governor in Council may, without reappointing the person as 12 constituting judge, continue the person in office for the time necessary to 13 enable the hearing to be completed. 14 (3) The person continued in office may exercise the jurisdiction and 15 powers of the court necessary or convenient for the hearing to be completed. 16 constituting judge 17 Acting 388. The Governor in Council may, by commission, appoint a Supreme 18 Court judge to act as the constituting judge of the Mental Health Court-- 19 (a) for any period the office is vacant; or 20 (b) for any period, or all periods, when the constituting judge is 21 absent from duty or the State or can not, for another reason, 22 perform the duties of the office. 23

s 389 202 s 391 Mental Health ART 3--PROVISIONS ABOUT ASSISTING 1 P PSYCHIATRISTS 2 unctions 3 F 389.(1) The functions of an assisting psychiatrist are to-- 4 (a) examine material received for a hearing to identify matters 5 requiring further examination and to make recommendations to 6 the Mental Health Court about the matters; and 7 (b) make recommendations about the making of court examination 8 orders; and 9 (c) assist the court by advising it-- 10 (i) on the meaning and significance of clinical evidence; and 11 (ii) about clinical issues relating to the treatment and detention 12 needs of persons under this Act. 13 (2) However, an assisting psychiatrist's functions are limited to matters 14 within the psychiatrist's professional expertise. 15 16 Appointment 390.(1) The Governor in Council may, by gazette notice, appoint a 17 psychiatrist (an "assisting psychiatrist") to assist the Mental Health Court. 18 (2) In recommending a psychiatrist for appointment as an assisting 19 psychiatrist the Minister must be satisfied the psychiatrist has qualifications 20 and experience necessary to perform an assisting psychiatrist's functions. 21 (3) An assisting psychiatrist holds office for the term, not longer than 22 3 years, stated in the notice. 23 (4) An assisting psychiatrist is to be appointed under this Act and not 24 under the Public Service Act 1996. 25 of appointment 26 Terms 391.(1) An assisting psychiatrist is entitled to be paid the remuneration 27 and allowances decided by the Governor in Council. 28

s 392 203 s 394 Mental Health (2) An assisting psychiatrist holds office on the terms not provided for in 1 this Act as are decided by the Governor in Council. 2 3 Resignation 392. An assisting psychiatrist may resign office by signed notice given to 4 the Minister. 5 of appointment of assisting psychiatrists 6 Termination 393.(1) The Governor in Council may terminate the appointment of an 7 assisting psychiatrist if the Governor in Council is satisfied the 8 psychiatrist-- 9 (a) is mentally or physically incapable of satisfactorily performing the 10 psychiatrist's duties; or 11 (b) performed the psychiatrist's duties carelessly, incompetently or 12 inefficiently; or 13 (c) is guilty of misconduct that could warrant dismissal from the 14 public service if the psychiatrist were an officer of the public 15 service. 16 (2) The Governor in Council must terminate the appointment of an 17 assisting psychiatrist if the psychiatrist-- 18 (a) ceases to be eligible for appointment as an assisting psychiatrist; 19 or 20 (b) is convicted of an indictable offence. 21 appointments 22 Acting 394. The Governor in Council may appoint a psychiatrist to act as an 23 assisting psychiatrist-- 24 (a) during a vacancy in the office; or 25 (b) for any period, or all periods, when an assisting psychiatrist is 26 absent from duty or the State or can not, for another reason, 27 perform the duties of the office. 28

s 395 204 s 398 Mental Health PART 4--MENTAL HEALTH COURT REGISTRY 1 AND REGISTRAR 2 Health Court Registry 3 Mental 395.(1) There is a Mental Health Court Registry. 4 (2) The registry consists of-- 5 (a) the registrar; and 6 (b) the other staff necessary for the court to exercise its jurisdiction. 7 (3) The registrar and other staff are to be employed under the Public 8 Service Act 1996. 9 functions 10 Registry's 396. The registry has the following functions-- 11 (a) to act as the registry for the court; 12 (b) to provide administrative support to the court; 13 (c) any other functions conferred on the registry under this Act. 14 functions 15 Registrar's 397. The registrar administers the registry and has the functions 16 conferred on the registrar under this or another Act. 17 powers--general 18 Registrar's 398.(1) The registrar has the power to do all things necessary or 19 convenient to be done to perform the registrar's functions. 20 (2) In performing a function or exercising a power, the registrar must 21 comply with a direction relating to the performance or exercise given by the 22 constituting judge. 23

s 399 205 s 400 Mental Health power to issue subpoena 1 Registrar's 399.(1) For the Mental Health Court exercising its jurisdiction, the 2 registrar may, on the registrar's own initiative or at the request of a party to 3 a proceeding, issue a subpoena requiring the person stated in the subpoena 4 to-- 5 (a) produce a stated or described document; or 6 (b) attend before the Mental Health Court to give evidence. 7 (2) The person to whom the subpoena is directed must comply with it. 8 (3) Failure to comply with the subpoena without lawful excuse is 9 contempt of court and the person may be dealt with for contempt of court. 10 power to require production of documents 11 Registrar's 400.(1) For the Mental Health Court exercising its jurisdiction, the 12 registrar may, by written notice given to the administrator of an authorised 13 mental health service, require the administrator to give the registrar a stated 14 or described document. 15 (2) The administrator must comply with the notice despite an obligation 16 under an Act or law not to give the document or disclose information in the 17 document. 18 (3) The registrar may ask the commissioner of the police service or 19 director of public prosecutions to give the registrar-- 20 (a) a written report about the criminal history of a person the subject 21 of a reference to the Mental Health Court; or 22 (b) a brief of evidence. 23 (4) The commissioner of the police service or director of public 24 prosecutions must comply with the request. 25 (5) Subsection (3) applies to the criminal history in the possession of the 26 commissioner of the police service or director of public prosecutions or to 27 which the commissioner or director of public prosecutions has access. 28

s 401 206 s 404 Mental Health power to require person to be brought before Mental 1 Registrar's Health Court 2 401.(1) For the Mental Health Court exercising its jurisdiction, the 3 registrar may-- 4 (a) require the administrator of an authorised mental health service to 5 bring a patient of the health service before the court at a stated 6 time and place; or 7 (b) require the custodian of a person in lawful custody to bring the 8 person before the court at a stated time and place. 9 (2) The requirement must be made by written notice given to the 10 administrator or custodian. 11 (3) The administrator or custodian must comply with the notice. 12 by registrar 13 Delegation 402. The registrar may delegate a power of the registrar under this or 14 another Act to an appropriately qualified member of the staff of the registry. 15 ART 5--PROCEDURAL PROVISIONS 16 P of appearance and representation in Mental Health Court 17 Right proceeding 18 403. A party to a proceeding in the Mental Health Court may-- 19 (a) appear in person at the hearing of the proceeding; or 20 (b) be represented at the hearing by a lawyer or, with the leave of the 21 court, an agent. 22 23 Evidence 404.(1) In hearing the proceeding, the Mental Health Court is not bound 24 by the rules of evidence unless the court decides it is in the interests of 25 justice that it be bound for the hearing or a part of the hearing. 26

s 405 207 s 409 Mental Health (2) The court may make the decision on application by a party to the 1 hearing or of its own initiative. 2 of matters 3 Proof 405.(1) In the proceeding, no party bears the onus of proof of any matter. 4 (2) Subject to section 268,110 a matter to be decided by the Mental Health 5 Court must be decided on the balance of probabilities. 6 psychiatrists' advice before or during hearing 7 Assisting 406.(1) This section applies to advice given by an assisting psychiatrist to 8 the Mental Health Court-- 9 (a) before the hearing is started; or 10 (b) during an adjournment of the hearing, other than an adjournment 11 for the court to make its decision. 12 (2) During the hearing, the court must inform each party of the advice 13 unless the party tells the court that it does not require the information. 14 psychiatrist's advice during hearing 15 Assisting 407. Advice given by an assisting psychiatrist to the Mental Health Court 16 during a hearing must be given in a way that can be heard by the parties. 17 assisting psychiatrist's advice to be stated in reasons for 18 Particular decision 19 408. If the Mental Health Court is satisfied advice given by an assisting 20 psychiatrist to the court materially contributed to the court's decision, the 21 advice must be stated in the court's reasons for its decision. 22 may proceed in absence of person subject of proceeding 23 Court 409. The Mental Health Court may proceed to conduct the hearing of a 24 110 Section 268 (Reasonable doubt person committed offence)

s 410 208 s 413 Mental Health proceeding in the absence of the person the subject of the proceeding only if 1 the court is satisfied it is expedient and it is in the person's best interests to 2 do so. 3 of assistants 4 Appointment 410. The Mental Health Court may appoint a person with appropriate 5 knowledge or experience to assist it in a hearing, including, for example, a 6 person with appropriate communication skills or appropriate cultural or 7 social knowledge or experience. 8 may sit and adjourn hearings 9 Court 411. Subject to the court rules, the Mental Health Court may-- 10 (a) sit at any time and in any place for a hearing; and 11 (b) adjourn a hearing to any time and place. 12 about young persons 13 Hearings 412.(1) This section applies if a young person is the subject of a hearing 14 in the Mental Health Court. 15 (2) The hearing is not open to the public. 16 (3) However, the court may permit a person to be present during the 17 hearing if the court is satisfied it is in the interests of justice. 18 of references open to public 19 Hearings 413.(1) The hearing of a proceeding for a reference is open to the public 20 unless the Mental Health Court, by order, directs the hearing or part of the 21 hearing not to be open to the public. 22 (2) However, the court may make an order directing the hearing or part 23 of the hearing not to be open to the public only if the court is satisfied it is in 24 the interests of justice. 25 (3) This section is subject to section 412. 26

s 414 209 s 416 Mental Health hearings not open to public 1 Other 414.(1) The hearing of a proceeding in the Mental Health Court, other 2 than the hearing of a proceeding for a reference, must not be open to the 3 public unless the court, by order, directs the hearing or part of the hearing be 4 open to the public. 5 (2) However, the court may make an order directing a hearing or part of a 6 hearing be open to the public only if it is satisfied-- 7 (a) the person the subject of the proceeding has agreed to the order; 8 and 9 (b) the order will not result in serious harm to the person's health or 10 risk the safety of anyone else; and 11 (c) the privacy of the parties to the proceeding will not be adversely 12 affected. 13 (3) This section is subject to section 412. 14 osts 15 C 415. Each party to a proceeding in the Mental Health Court is to bear the 16 party's own costs. 17 PART 6--PROTECTION AND IMMUNITIES 18 of court 19 Contempt 416.(1) The Mental Health Court has, for itself, all the protection, 20 powers, jurisdiction and authority the Supreme Court has, for that court, in 21 relation to contempt of court. 22 (2) The court must comply with the Uniform Civil Procedure Rules 23 relating to contempt of court, with necessary changes. 24 (3) The registrar may apply to the court for an order that a person be 25 committed to prison for contempt of court. 26 (4) The court's jurisdiction to punish a contempt of the court may be 27

s 417 210 s 419 Mental Health exercised on the constituting judge's own initiative. 1 (5) The court has jurisdiction to punish an act or omission as a contempt 2 of the court, although a penalty is prescribed for the act or omission. 3 that is contempt and offence 4 Conduct 417. If conduct of a person is both contempt of the Mental Health Court 5 and an offence, the person may be proceeded against for the contempt or for 6 the offence, but the person is not liable to be punished twice for the same 7 conduct. 8 and immunities for constituting judge of Mental Health 9 Protection Court 10 418.(1) The constituting judge of the Mental Health Court has, in the 11 exercise of jurisdiction for this Act, the protection and immunities of a 12 Supreme Court judge exercising the jurisdiction of a judge. 13 (2) The constituting judge of the Mental Health Court or an assisting 14 psychiatrist (the "official") has, in a proceeding for defamation for a 15 publication made to or by the official in the official's official capacity, a 16 defence of absolute privilege if the publication was made in good faith. 17 (3) The burden of proving absence of good faith is on a person who 18 alleges the absence. 19 ART 7--RULES AND PRACTICES 20 P power 21 Rule-making 419.(1) The Governor in Council may make rules under this Act. 22 (2) Rules relating to the Mental Health Court or the registry may only be 23 made with the consent of the constituting judge of the court. 24 (3) Rules may be made about the following matters-- 25 (a) regulating the practice and procedure to be followed and used in 26

s 420 211 s 421 Mental Health or for proceedings in the court; 1 (b) fees and expenses payable to witnesses; 2 (c) fees and costs payable in relation to proceedings in the court and 3 the party by or to whom they are to be paid; 4 (d) service of process, notices, orders or other things on parties and 5 other persons; 6 (e) the functions and powers of the registrar and other staff of the 7 registry. 8 (4) Rules made under this section are rules of court. 9 about practice 10 Directions 420.(1) Subject to this Act and the court rules, the practice and procedure 11 of the Mental Health Court are as directed by the constituting judge of the 12 court. 13 (2) If this Act or the rules do not provide or sufficiently provide for a 14 particular matter, an application for directions may be made to the judge. 15 forms--constituting judge 16 Approved 421. The constituting judge of the Mental Health Court may approve the 17 following forms for use under this Act-- 18 (a) notice of a reference; 19 (b) court examination order; 20 (c) forensic order (Mental Health Court); 21 (d) notice of appeal under section 321(4)(a); 22 (e) application under section 427(2)(a).111 23 111 The notice of appeal under section 321(4)(a) is for an appeal to the Mental Health Court against a decision mentioned in section 319 and the application under section 427(2)(a) is for an inquiry into a patient's detention in an authorised mental health service.

s 422 212 s 423 Mental Health PART 8--EXAMINATION AND CONFIDENTIALITY 1 ORDERS 2 examination orders 3 Court 422.(1) The Mental Health Court may order (a "court examination 4 order") the person the subject of a proceeding to submit to an examination 5 by a stated psychiatrist, doctor or other health practitioner (the "examining 6 practitioner"). 7 (2) A court examination order must-- 8 (a) be in the approved form; and 9 (b) state the matters on which the examining practitioner must report 10 on to the court. 11 (3) The examining practitioner must give a written report on the 12 examination to the court. 13 and requests for court examination order on 14 Recommendations references 15 423.(1) This section applies if, for a proceeding for a reference on a 16 person's mental condition, an assisting psychiatrist recommends, or the 17 director of public prosecutions asks, that the Mental Health Court make a 18 court examination order for the person. 19 (2) The registrar must give written notice of the recommendation or 20 request to the parties to the proceeding. 21 (3) The notice must state that the parties may make written submissions 22 on the recommendation or request within the reasonable time stated in the 23 notice. 24 (4) The registrar must give the recommendation or request, and any 25 submission made by a party on it, to the court. 26 (5) The director of public prosecutions must pay the costs of an 27 examination requested by the director of public prosecutions. 28

s 424 213 s 424 Mental Health examination order may also authorise detention etc. 1 Court 424.(1) This section applies if the Mental Health Court makes a court 2 examination order for a person the subject of a reference. 3 (2) For examining the person, the order may also authorise either or both 4 of the following-- 5 (a) a police officer, correctional officer, detention centre officer or 6 other person stated in the order to detain the person and take the 7 person to a stated authorised mental health service;112 8 (b) the person's detention in the health service. 9 (3) A correctional officer, detention centre officer or other person stated 10 in the order may exercise the power under subsection (2)(a) with the help, 11 and using the force, that is reasonable in the circumstances.113 12 (4) However, the court may make an order authorising a matter 13 mentioned in subsection (2) only if the court is satisfied there is no less 14 restrictive way to ensure a thorough examination of the person's mental 15 condition. 16 (5) The person may be detained in the health service for the examination 17 for not more than 3 days unless the court states a longer period in the order. 18 19 Note-- 20 If, immediately before the examination, the person was detained as an involuntary 21 patient in another authorised mental health service, the health service stated in 22 the court examination order is the patient's treating health service while the order 23 is in force. (6) The examining practitioner, or anyone lawfully helping the examining 24 practitioner in examining the person, may use reasonable force to examine 25 the person. 26 112 For a police officer's entry and search powers, see the Police Powers and Responsibilities Act 2000, section 19 (General power to enter to arrest or detain someone or enforce warrant). 113 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 425 214 s 426 Mental Health happens at end of examination 1 What 425.(1) After the end of the time allowed for the person's examination or 2 on the earlier completion of the person's examination, the administrator of 3 the authorised mental health service must ensure-- 4 (a) if the person was taken from lawful custody for the 5 examination--the person's custodian takes the person from the 6 health service; or 7 (b) if, immediately before the examination, the person was detained 8 as an involuntary patient in another authorised mental health 9 service--the person is taken to that health service; or 10 (c) otherwise--arrangements are made for the person's return to the 11 place from which the person was taken for the examination or for 12 the person to be taken to another place the person reasonably asks 13 to be taken. 14 (2) For subsection (1)(a), a correctional officer or detention centre officer 15 may take the person from the health service with the help, and using the 16 force, that is reasonable in the circumstances. 17 (3) The person may be detained in the health service until the person is 18 taken, under subsection (1)(a) or (b), from the health service. 19 (4) This section does not apply if-- 20 (a) the person becomes an involuntary patient; or 21 (b) an order is made transferring the patient to the health service 22 stated in the court examination order.114 23 24 Note for subsection 4(a)-- 25 The person becomes an involuntary patient if assessment documents under 26 chapter 2 or 3 are made for the person following the examination. orders 27 Confidentiality 426.(1) In a proceeding, the Mental Health Court may, by order (a 28 "confidentiality order"), prohibit or restrict the disclosure to the person the 29 114 See section 165 (Transfer orders--involuntary patients other than classified or forensic patients) or 166 (Transfer orders--other patients).

s 427 215 s 427 Mental Health subject of a proceeding of-- 1 (a) information given before it; or 2 (b) matters contained in documents filed with, or received by, it; or 3 (c) the reasons for its decision in the proceeding. 4 (2) However, the court may make a confidentiality order only if it is 5 satisfied the disclosure would-- 6 (a) cause serious harm to the health of the person; or 7 (b) put the safety of someone else at serious risk. 8 (3) If the court makes a confidentiality order for a person, the court 9 must-- 10 (a) disclose the information or matters to the person's lawyer or 11 agent; and 12 (b) give written reasons for the order to the lawyer or agent. 13 (4) If the person is not represented at the hearing of the proceeding by a 14 lawyer or agent, the court must ensure a lawyer or agent is appointed for 15 subsection (3). 16 (5) A person must not contravene a confidentiality order unless the 17 person has a reasonable excuse. 18 Maximum penalty for subsection (5)--40 penalty units. 19 PART 9--INQUIRIES INTO DETENTION OF 20 PATIENTS IN AUTHORISED MENTAL HEALTH 21 SERVICES 22 Health Court may inquire into detention--on application 23 Mental 427.(1) The Mental Health Court may, on application made to it, inquire 24 into a patient's detention in an authorised mental health service to decide 25 whether the patient's detention is lawful. 26 (2) The application must-- 27

s 428 216 s 431 Mental Health (a) be in the approved form; and 1 (b) state the grounds on which it is made. 2 (3) The court must consider the application as soon as practicable after it 3 is made. 4 (4) The court may refuse the application if the court is satisfied the 5 application-- 6 (a) may more properly be dealt with by the tribunal on a review; or 7 (b) is frivolous or vexatious. 8 Health Court may inquire into detention--on own initiative 9 Mental 428. The Mental Health Court may, on its own initiative, inquire into a 10 patient's detention in an authorised mental health service to decide whether 11 the patient's detention is lawful. 12 Health Court may order inquiry into detention 13 Mental 429. For inquiring into a patient's detention in an authorised mental 14 health service, the court may, by written order, direct a stated person (the 15 "appointed person") to inquire into and report to the court in relation to the 16 patient's detention. 17 to ensure help given to appointed person 18 Administrator 430. The administrator of the authorised mental health service must 19 ensure the appointed person is given reasonable help to carry out the 20 inquiry. 21 powers of appointed person on inquiry 22 General 431.(1) For carrying out the inquiry, the appointed person may exercise 23 any 1 or more of the following powers-- 24 (a) enter the authorised mental health service stated in the order; 25 (b) examine the patient; 26 (c) search any part of the health service; 27

s 432 217 s 433 Mental Health (d) inspect, examine, test, measure, photograph or film any part of 1 the health service or any documents or other thing in the health 2 service; 3 (e) take extracts from, or make copies of, any documents in the 4 health service; 5 (f) take into the health service any persons, equipment and materials 6 the appointed person reasonably requires for exercising powers in 7 relation to the health service. 8 (2) The appointed person may exercise a power under subsection (1) 9 with the help, and using the force, that is reasonable in the circumstances. 10 person's power to ask questions 11 Appointed 432.(1) The appointed person may require another person to answer a 12 question about the patient's detention. 13 (2) When making the requirement, the appointed person must warn the 14 other person it is an offence to fail to comply with the requirement unless 15 the person has a reasonable excuse. 16 (3) The person must comply with the requirement unless the person has 17 a reasonable excuse. 18 Maximum penalty--50 penalty units. 19 (4) It is a reasonable excuse for the person to fail to answer the question 20 if complying with the requirement might tend to incriminate the person. 21 (5) The person does not commit an offence against subsection (3) if the 22 information sought by the appointed person is not in fact relevant to the 23 patient's detention. 24 Health Court may order patient's discharge 25 Mental 433.(1) If, on consideration of the appointed person's report on the 26 inquiry and any other evidence before it, the Mental Health Court is satisfied 27 the patient is unlawfully detained in the authorised mental health service, the 28 court must, by order, direct the patient be immediately discharged from the 29 health service. 30

s 434 218 s 436 Mental Health (2) The administrator of the health service must ensure the order is 1 complied with. 2 other remedies not affected 3 Patient's 434. This part does not limit any other remedy available to the patient. 4 PART 10--MISCELLANEOUS PROVISIONS 5 report 6 Annual 435.(1) After each financial year, the constituting judge must prepare and 7 give to the Minister a report for the year on the operation of the Mental 8 Health Court and the registry. 9 (2) The report must also contain the other information required by the 10 Minister. 11 (3) The Minister must table a copy of the report in the Legislative 12 Assembly within 14 days after the Minister receives it. 13 HAPTER 12--MENTAL HEALTH REVIEW 14 C TRIBUNAL 15 PART 1--ESTABLISHMENT, JURISDICTION AND 16 POWERS 17 18 Establishment 436.(1) The Mental Health Review Tribunal is established. 19 (2) The tribunal consists of the president of the tribunal and other 20 members. 21

s 437 219 s 439 Mental Health 1 Jurisdiction 437. The tribunal has the following jurisdiction-- 2 (a) reviewing the application of treatment criteria for patients; 3 (b) reviewing the detention of young patients in high security units; 4 (c) reviewing the mental condition of forensic patients; 5 (d) reviewing the fitness for trial of-- 6 (i) persons found by the Mental Health Court to be unfit for trial 7 and the unfitness for trial is not of a permanent nature; and 8 (ii) persons for whom a jury has made a section 613 or 645 9 finding; 10 (e) deciding applications for notification orders; 11 (f) deciding treatment applications; 12 (g) deciding applications for approval for particular patients to move 13 out of Queensland; 14 (h) deciding appeals against decisions of administrators of authorised 15 mental health services to refuse to allow persons to visit 16 involuntary patients in health services. 17 of tribunal 18 Procedure 438. The tribunal must exercise its jurisdiction in a way that is fair, just, 19 economical, informal and timely. 20 21 Powers 439.(1) The tribunal may do all things necessary or convenient to be done 22 for, or in relation to, exercising its jurisdiction. 23 (2) Without limiting subsection (1), the tribunal has the powers conferred 24 on it by this Act. 25

s 440 220 s 441 Mental Health PART 2--TRIBUNAL MEMBERS AND STAFF 1 of members 2 Appointment 440.(1) The president of the tribunal is to be appointed by the Governor 3 in Council on a full-time basis. 4 (2) The other members are to be appointed by the Governor in Council 5 on a full-time or part-time basis. 6 (3) A person is eligible for appointment as the president of the tribunal 7 only if the person is a lawyer of at least 7 years standing. 8 (4) A person is eligible for appointment as another member only if the 9 person-- 10 (a) is a lawyer of at least 5 years standing; or 11 (b) is a psychiatrist; or 12 (c) has other qualifications and experience the Minister considers 13 relevant to exercising the tribunal's jurisdiction. 14 (5) In recommending persons for appointment as members, the Minister 15 must take into account-- 16 (a) the need for a balanced gender representation in the membership 17 of the tribunal; and 18 (b) the range and experience of members of the tribunal; and 19 (c) the need for the membership of the tribunal to reflect the social 20 and cultural diversity of the general community. 21 (6) Members are to be appointed under this Act, and not under the Public 22 Service Act 1996. 23 of appointment 24 Duration 441.(1) The president of the tribunal holds office for a term of not longer 25 than 5 years stated in the instrument of appointment. 26

s 442 221 s 445 Mental Health (2) Other members hold office for a term of not longer than 3 years in 1 the member's instrument of appointment.115 2 of appointment 3 Terms 442.(1) Members are entitled to be paid the remuneration and allowances 4 decided by the Governor in Council. 5 (2) Members hold office on the terms not provided for in this Act as are 6 decided by the Governor in Council. 7 8 Resignation 443. A member may resign office by signed notice given to the Minister. 9 of appointment 10 Termination 444.(1) The Governor in Council may terminate the appointment of a 11 member if the Governor in Council is satisfied the member-- 12 (a) is mentally or physically incapable of satisfactorily performing the 13 member's duties; or 14 (b) performed the member's duties carelessly, incompetently or 15 inefficiently; or 16 (c) is guilty of misconduct that could warrant dismissal from the 17 public service if the member were an officer of the public service. 18 (2) The Governor in Council must terminate the appointment of a 19 member if the member-- 20 (a) ceases to be eligible for appointment as a member; or 21 (b) is convicted of an indictable offence. 22 appointment 23 Acting 445. The Governor in Council may appoint a person, who is eligible for 24 appointment as the president of the tribunal, to act as president-- 25 115 For reappointments--see Acts Interpretation Act 1954, section 25(1)(c).

s 446 222 s 447 Mental Health (a) for any period the office is vacant; or 1 (b) for any period, or all periods, when the president of the tribunal is 2 absent from duty or the State or can not, for another reason, 3 perform the duties of the office. 4 officer and staff 5 Executive 446.(1) There are to be appointed an executive officer of the tribunal and 6 other staff necessary for it to exercise its jurisdiction. 7 (2) The executive officer and other staff are to be employed under the 8 Public Service Act 1996. 9 (3) The president of the tribunal has all the functions and powers of the 10 chief executive of a department, so far as the functions and powers relate to 11 the organisational unit made up of the tribunal's staff, as if-- 12 (a) the unit were a department within the meaning of the Public 13 Service Act 1996; and 14 (b) the president were the chief executive of the department. 15 ART 3--CONSTITUTION OF TRIBUNAL FOR 16 P HEARINGS 17 constituting tribunal for hearings 18 Members 447.(1) Subsection (2) applies to a tribunal hearing for the following 19 matters-- 20 (a) a review; 21 (b) an application for approval to administer electroconvulsive 22 therapy to an involuntary patient; 23 (c) an application for approval for a patient to move out of 24 Queensland; 25 (d) an application for a notification order for a patient constituted for 26 the purpose; 27

s 448 223 s 448 Mental Health (e) an appeal against a decision of the administrator of an authorised 1 mental health service to refuse to allow a person to visit a patient 2 in the health service. 3 4 Note for subsection 1(d)-- 5 Under section 222, an application for a notification order for a patient may also be 6 decided by the president on the papers or during the hearing for a review for the 7 patient. (2) Subject to section 448, the tribunal must be constituted by at least 3, 8 but not more than 5, members of whom-- 9 (a) at least 1 must be a lawyer; and 10 (b) at least 1 must be a psychiatrist or, if a psychiatrist is not readily 11 available but another doctor is available, the doctor; and 12 (c) at least 1 who is not a lawyer or doctor. 13 (3) In deciding the tribunal's constitution for a hearing for a review for an 14 involuntary patient, the president must have regard to the current risk the 15 patient represents to the safety of himself or herself or others.116 16 (4) For the hearing of an application for approval to perform 17 psychosurgery, the tribunal must be constituted by 5 members as follows-- 18 (a) a lawyer of at least 7 years standing; 19 (b) 1 psychiatrist nominated by the Royal Australian and New 20 Zealand College of Psychiatrists; 21 (c) 1 psychiatrist nominated by the Minister; 22 (d) 1 neurosurgeon nominated by the Royal Australasian College of 23 Surgeons; 24 (e) 1 person who is not a lawyer or doctor. 25 tribunal may be constituted by less than 3 members 26 When 448. The tribunal may be constituted by less than 3 members-- 27 116 For directions by president about the number of members to constitute, and the members who are to constitute, the tribunal for a particular hearing, see section 484(2)(b) and (c).

s 449 224 s 450 Mental Health (a) for a review for a patient under an involuntary treatment order--if 1 the president is satisfied it is in the patient's best interests and it is 2 appropriate and expedient to do so; or 3 (b) for an application for approval to administer electroconvulsive 4 therapy--if the president is satisfied it is in the patient's best 5 interests to do so and, on the information contained in the 6 application, the treatment is required urgently and it is appropriate 7 and expedient to do so; or 8 (c) for the hearing of an appeal against a decision of the administrator 9 of an authorised mental health service to refuse to allow a person 10 to visit a patient in the health service--if the president is satisfied 11 it is appropriate and expedient to do so. 12 member 13 Presiding 449.(1) The presiding member for a tribunal hearing is-- 14 (a) if it is constituted by 1 member--the constituting member; or 15 (b) if it is constituted by more than 1 member--the member decided 16 by the president. 17 (2) If the tribunal is constituted under section 447(2), the presiding 18 member must be a lawyer. 19 PART 4--PARTICIPATION AND REPRESENTATION 20 AT HEARINGS 21 of appearance--reviews 22 Right 450.(1) The following persons may appear in person at the hearing for a 23 review-- 24 (a) the patient; 25 (b) for a review on the application of the director--the director; 26

s 451 225 s 452 Mental Health (c) for a review under chapter 6, part 3 or 4117--the 1 Attorney-General. 2 (2) A person mentioned in subsection (1) may be represented at the 3 hearing by a lawyer or, with the leave of the tribunal, an agent. 4 (3) If, at a tribunal hearing, the patient is not represented, the presiding 5 member may appoint a person to represent the patient's views, wishes and 6 interests. 7 8 Note-- 9 The tribunal may, under section 463, adjourn the hearing to allow the appointment 10 to be made. of appearance--treatment applications 11 Right 451.(1) The following persons may appear in person at the hearing of a 12 treatment application-- 13 (a) the applicant for the treatment; 14 (b) the person the subject of the treatment application. 15 (2) In addition, the person the subject of the treatment application may be 16 represented at the hearing by a lawyer or, with the leave of the tribunal, an 17 agent. 18 (3) If, at a tribunal hearing, the person the subject of the application is not 19 represented, the presiding member may appoint a person to represent the 20 person's views, wishes and interests. 21 of appearance--application for approval for patient to move out 22 Right of Queensland 23 452.(1) The following persons may appear in person at the hearing of an 24 application for approval for a patient to move out of Queensland-- 25 (a) the patient; 26 (b) the applicant. 27 117 Chapter 6 (Tribunal reviews, notification orders and treatment applications), part 3 (Reviews by tribunal for forensic patients) or 4 (Reviews by tribunal of mental condition of persons to decide fitness for trial)

s 453 226 s 454 Mental Health (2) The patient may be represented at the hearing by a lawyer or, with the 1 leave of the tribunal, an agent. 2 (3) If, at a tribunal hearing, the patient is not represented, the presiding 3 member may appoint a person to represent the patient's views, wishes and 4 interests. 5 6 Note-- 7 The tribunal may, under section 463, adjourn the hearing to allow the appointment 8 to be made. of appearance--application for notification order 9 Right 453.(1) The following persons may appear in person at the hearing of an 10 application for a notification order for a patient-- 11 (a) the patient; 12 (b) the applicant. 13 (2) The patient may be represented at the hearing by a lawyer or agent. 14 (3) Also, the applicant with the leave of the tribunal, may be represented 15 at the hearing by a lawyer or, with the leave of the tribunal, an agent. 16 (4) If, at a tribunal hearing, the patient is not represented, the presiding 17 member may appoint a person to represent the patient's views, wishes and 18 interests. 19 20 Note-- 21 The tribunal may, under section 463, adjourn the hearing to allow the appointment 22 to be made. (5) If the application is heard during the hearing for a review for the 23 patient, the applicant has a right of appearance only for the hearing of the 24 application and not for the review. 25 of appearance--appeal against decision to exclude a visitor 26 Right 454.(1) The following persons may appear in person at the hearing of an 27 appeal against a decision of the administrator of an authorised mental health 28

s 455 227 s 456 Mental Health service to refuse to allow a person to visit a patient in the health service118-- 1 (a) the appellant; 2 (b) the administrator. 3 (2) A person mentioned in subsection (1) may be represented at the 4 hearing by a lawyer or, with the leave of the tribunal, an agent. 5 of particular persons to attend hearing 6 Right 455.(1) The following persons may attend a tribunal hearing to help an 7 involuntary patient represent the patient's views, wishes and interests-- 8 (a) the patient's allied person; and 9 (b) someone else granted leave to attend by the tribunal. 10 (2) However, the patient's allied person or the other person does not 11 become a party to the proceeding. 12 may proceed in absence of involuntary patient 13 Tribunal 456.(1) On the hearing for a review or treatment application for an 14 involuntary patient, the tribunal may proceed in the absence of the patient the 15 subject of the proceeding if-- 16 (a) the tribunal reasonably believes the patient-- 17 (i) is absent because of the patient's own free will; or 18 (ii) is unfit to appear; and 19 (b) the tribunal is satisfied it is appropriate and expedient to do so. 20 (2) Subsection (1) has effect despite section 459. 21 118 See chapter 10 (Security of authorised mental health services), part 4 (Exclusion of visitors).

s 457 228 s 458 Mental Health PART 5--EXAMINATION AND CONFIDENTIALITY 1 ORDERS 2 may order examination 3 Tribunal 457.(1) The tribunal may order the person the subject of a proceeding to 4 submit to an examination by a stated psychiatrist, doctor or other health 5 practitioner (the "examining practitioner"). 6 (2) The order must state the matters on which the examining practitioner 7 must report on to the tribunal. 8 (3) The examining practitioner must give a written report on the 9 examination to the tribunal. 10 orders 11 Confidentiality 458.(1) The tribunal may, by order (a "confidentiality order"), prohibit 12 or restrict the disclosure of the following to the person the subject of a 13 proceeding or the patient the subject of an application for a notification 14 order-- 15 (a) information given before it; or 16 (b) matters contained in documents filed with, or received by, it; or 17 (c) the reasons for its decision on the proceeding or the application. 18 (2) However, the tribunal may make a confidentiality order only if it is 19 satisfied the disclosure would-- 20 (a) cause serious harm to the health of the person or patient; or 21 (b) put the safety of someone else at serious risk. 22 (3) If the tribunal makes a confidentiality order for a person or patient, the 23 tribunal must-- 24 (a) disclose the information or matters to the lawyer or agent of the 25 person or patient; and 26 (b) give written reasons for the order to the lawyer or agent. 27 (4) If the person is not represented by a lawyer or agent, the tribunal must 28 ensure a lawyer or agent is appointed for subsection (3). 29

s 459 229 s 460 Mental Health (5) A person must not contravene a confidentiality order unless the 1 person has a reasonable excuse. 2 Maximum penalty for subsection (5)--40 penalty units. 3 ART 6--PROCEDURAL PROVISIONS 4 P procedures 5 Hearing 459.(1) At a hearing, the tribunal must-- 6 (a) observe natural justice; and 7 (b) act as quickly, and with as little formality and technicality, as is 8 consistent with a fair and proper consideration of the issues before 9 it. 10 (2) In conducting the hearing, the tribunal-- 11 (a) is not bound by the rules of evidence; and 12 (b) may inform itself on a matter in a way it considers appropriate; 13 and 14 (c) may decide the procedures to be followed for the hearing. 15 (3) However, the tribunal must comply with this part and any tribunal 16 rules. 17 (4) A party to a proceeding must be given a reasonable opportunity to 18 present the party's case, and in particular to inspect a document to which the 19 tribunal proposes to have regard in reaching a decision in the proceeding and 20 to make submissions about the document. 21 (5) However, the tribunal may displace the right to inspect by a 22 confidentiality order. 23 not open to public 24 Hearing 460.(1) A hearing must not be open to the public unless the tribunal, by 25 order, directs the hearing or part of the hearing be open to the public. 26

s 461 230 s 462 Mental Health (2) However, the tribunal must not order a hearing be open to the public 1 if the person the subject of the hearing is a young person. 2 (3) Also, the tribunal may make an order directing a hearing or part of a 3 hearing be open to the public only if it is satisfied-- 4 (a) the person the subject of the hearing has agreed to the order; and 5 (b) the privacy of the parties to the proceeding will not be adversely 6 affected; and 7 (c) the order will not result in serious harm to the person's health or 8 risk the safety of anyone else. 9 questions decided 10 Way 461.(1) A question of law arising at a hearing is to be decided according 11 to the presiding member's opinion. 12 (2) However, if the tribunal is constituted by 1 member who is not a 13 lawyer-- 14 (a) the member must refer the question of law to another member 15 who is a lawyer to decide; and 16 (b) the other member must decide the question; and 17 (c) for subsection (1), the decision is taken to be the presiding 18 member's decision. 19 (3) If the members constituting the tribunal for a hearing are divided in 20 opinion about the decision to be made on another question at the hearing-- 21 (a) if there is a majority of the same opinion--the question is decided 22 according to the majority opinion; or 23 (b) otherwise--the question is decided according to the opinion of the 24 presiding member. 25 of assistants 26 Appointment 462. The tribunal may appoint a person with appropriate knowledge or 27 experience to assist it in a hearing, including, for example, a person with 28 appropriate communication skills or appropriate cultural or social 29 knowledge or experience. 30

s 463 231 s 466 Mental Health may adjourn hearings 1 Tribunal 463. The tribunal may adjourn a tribunal hearing for a period of not more 2 than 28 days. 3 and consideration of relevant material by non-party 4 Submission 464.(1) In making a decision in a proceeding, the tribunal may take into 5 account material submitted by a person who is not a party to the proceeding 6 if-- 7 (a) the material is not otherwise before the tribunal; and 8 (b) the tribunal is satisfied the material is relevant to the decision. 9 (2) In deciding the weight to place on the material, the tribunal must take 10 into account the following-- 11 (a) whether the person the subject of the proceeding has had 12 sufficient opportunity to examine and reply to the material; 13 (b) material previously submitted by the person; 14 (c) for a forensic patient--the circumstances of the offences leading 15 to the patient becoming a forensic patient; 16 (d) any other matter the tribunal considers appropriate. 17 (3) The person does not have a right of appearance before the tribunal 18 unless otherwise ordered by the tribunal. 19 for decision about non-party material 20 Reasons 465. In its decision in a proceeding, the tribunal must give reasons for 21 taking or not taking into account material submitted under section 464. 22 23 Witnesses 466.(1) The presiding member of the tribunal may, by written notice 24 given to a person (an "attendance notice"), require a person to attend a 25 tribunal hearing at a stated time and place-- 26 (a) to give evidence; or 27 (b) to produce a stated document or thing that is relevant to the 28

s 467 232 s 468 Mental Health hearing (including a medical report or clinical file for the person 1 the subject of the proceeding). 2 (2) The presiding member of the tribunal may-- 3 (a) require the evidence to be given on oath; or 4 (b) allow a person appearing as a witness at a hearing to give 5 information by tendering a written statement, verified, if the 6 member directs, by oath. 7 (3) For subsection (2)(a), the presiding member may administer an oath. 8 of documents 9 Inspection 467.(1) If a document or thing is produced at a tribunal hearing, the 10 tribunal may-- 11 (a) inspect the document or thing; and 12 (b) make copies of, photograph, or take extracts from, the document 13 or thing if it is relevant to the proceeding. 14 (2) The tribunal may also take possession of the document or thing, and 15 keep it while it is necessary for the proceeding. 16 (3) While it keeps a document or thing, the tribunal must permit a person 17 otherwise entitled to possession of the document or thing to inspect, make 18 copies of, photograph, or take extracts from, the document or thing, at the 19 reasonable time and place the tribunal decides. 20 by witnesses 21 Offences 468.(1) A person served with an attendance notice must not, without 22 reasonable excuse-- 23 (a) fail to attend as required by the notice; or 24 (b) fail to continue to attend at the tribunal hearing as required by the 25 presiding member of the tribunal until excused from further 26 attendance. 27 Maximum penalty--40 penalty units. 28 (2) A person appearing as a witness at a tribunal hearing must not-- 29

s 469 233 s 471 Mental Health (a) fail to take an oath or make an affirmation when required by the 1 presiding member of the tribunal; or 2 (b) fail, without reasonable excuse, to answer a question the person is 3 required to answer by the presiding member of the tribunal; or 4 (c) fail, without reasonable excuse, to produce a document or thing 5 the person is required to produce by an attendance notice. 6 Maximum penalty--40 penalty units. 7 8 Self-incrimination 469. It is a reasonable excuse for a person to fail to answer a question or 9 to produce a document if answering the question or producing the document 10 might tend to incriminate the person. 11 or misleading statements 12 False 470.(1) A person must not state anything to the tribunal, the executive 13 officer or another tribunal staff member the person knows is false or 14 misleading in a material particular. 15 Maximum penalty--40 penalty units. 16 (2) It is enough for a complaint against a person for an offence against 17 subsection (1) to state the statement made was, without specifying which, 18 `false or misleading'. 19 or misleading documents 20 False 471.(1) A person must not give the tribunal, the executive officer or 21 another tribunal staff member a document containing information the 22 person knows is false or misleading in a material particular. 23 Maximum penalty--40 penalty units. 24 (2) Subsection (1) does not apply to a person if the person, when giving 25 the document-- 26 (a) tells the tribunal, executive officer or other tribunal staff member, 27 to the best of the person's ability, how it is false or misleading; 28 and 29

s 472 234 s 473 Mental Health (b) if the person, has, or can reasonably obtain, the correct 1 information--gives the correct information. 2 (3) It is enough for a complaint against a person for an offence against 3 subsection (1) to state the statement made was, without specifying which, 4 `false or misleading'. 5 evidence 6 Fabricating 472. The tribunal is a tribunal for the Criminal Code, section 126.119 7 of tribunal 8 Contempt 473.(1) A person is in contempt of the tribunal if the person-- 9 (a) insults a member or a member of the tribunal staff at a 10 proceeding, or in going to or returning from the proceeding; or 11 (b) deliberately interrupts a proceeding, or otherwise misbehaves at a 12 proceeding; or 13 (c) creates or continues, or joins in creating or continuing, a 14 disturbance in or near a place where a proceeding is being 15 conducted; or 16 (d) obstructs or assaults a person attending a proceeding; or 17 (e) obstructs a member in the performance of the member's 18 functions or the exercise of the member's powers; or 19 (f) without lawful excuse, disobeys a lawful order or direction of the 20 tribunal made or given under this Act; or 21 119 The Criminal Code, section 126 provides as follows-- Fabricating evidence 126.(1) Any person who, with intent to mislead any tribunal in any judicial proceeding-- (a) fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or (b) knowingly makes use of such fabricated evidence; is guilty of a crime, and is liable to imprisonment for 7 years. (2) The offender cannot be arrested without warrant.

s 474 235 s 474 Mental Health (g) obstructs a person acting under an order made under this Act by 1 the tribunal or a member; or 2 (h) does anything at a proceeding or otherwise that would be 3 contempt of court if the tribunal were a court of record. 4 (2) The tribunal may order that a person who contravenes subsection (1) 5 at a proceeding be excluded from the place where the proceeding is being 6 conducted. 7 (3) A member of the staff of the tribunal or a health practitioner, acting 8 under the tribunal's order, may, with the help, and using the force, that is 9 reasonable in the circumstances, exclude the person from the place. 10 of contempt 11 Punishment 474.(1) Without limiting the tribunal's power under section 473, a 12 person's contempt of the tribunal may be punished under this section. 13 (2) The president may certify the contempt in writing to the Supreme 14 Court (the "court"). 15 (3) For subsection (2), it is enough for the president to be satisfied there 16 is evidence of contempt. 17 (4) The president may issue a warrant directed to a police officer or all 18 police officers for the arrest of the person to be brought before the court to 19 be dealt with according to law. 20 (5) The Bail Act 1980 applies to the proceeding for the contempt started 21 by the certification in the same way it applies to a charge of an offence. 22 (6) The court must inquire into the alleged contempt. 23 (7) The court must hear-- 24 (a) witnesses and evidence that may be produced against or for the 25 person whose contempt was certified; and 26 (b) any statement given by the person in defence. 27 (8) If the court is satisfied the person has committed the contempt, the 28 court may punish the person as if the person had committed the contempt in 29 relation to proceedings in the court. 30 (9) The Uniform Civil Procedure Rules 1999 apply to the court's 31

s 475 236 s 478 Mental Health investigation, hearing and power to punish with necessary changes. 1 (10) The president's certificate of contempt is evidence of the matters 2 contained in the certificate. 3 that is contempt and offence 4 Conduct 475. If conduct of a person is both contempt of the tribunal and an 5 offence, the person may be proceeded against for the contempt or for the 6 offence, but the person is not liable to be punished twice for the same 7 conduct. 8 osts 9 C 476. Each party to a tribunal proceeding is to bear the party's own costs. 10 PART 7--PROTECTION AND IMMUNITIES 11 and immunities for tribunal members 12 Protection 477.(1) A member has, in the exercise of jurisdiction for this Act, the 13 protection and immunities of a Supreme Court judge exercising the 14 jurisdiction of a judge. 15 (2) Also, a member has, in a proceeding for defamation for a publication 16 made to or by the member in the member's official capacity, a defence of 17 absolute privilege if the publication was made in good faith. 18 (3) The burden of proving absence of good faith is on a person who 19 alleges the absence. 20 provisions about protection and immunities 21 Other 478.(1) A lawyer or agent who, under this Act, represents a party to a 22 proceeding in a tribunal hearing has the same protection and immunity as a 23 barrister appearing for a party in a proceeding in the Supreme Court. 24 (2) A person given an attendance notice or appearing at a tribunal hearing 25

s 479 237 s 481 Mental Health has the same protection and immunity as a witness in a proceeding in the 1 Supreme Court. 2 (3) A document produced at a tribunal hearing has the same protection it 3 would have if produced in the Supreme Court. 4 ART 8--RULES AND PRACTICES 5 P power 6 Rule-making 479.(1) The Governor in Council may make rules under this Act. 7 (2) Rules may be made about the following matters-- 8 (a) regulating the practice and procedure to be followed and used in 9 or for proceedings in the tribunal; 10 (b) fees and expenses payable to witnesses; 11 (c) fees or costs payable in relation to proceedings in the tribunal and 12 the party by or to whom they are to be paid; 13 (d) service of process, notices, orders or other things on parties and 14 other persons; 15 (e) the functions and powers of staff of the tribunal. 16 (3) Rules made under this section are rules of court. 17 about practice 18 Directions 480.(1) Subject to this Act and the tribunal rules, the practice and 19 procedure of the tribunal are as directed by the president of the tribunal. 20 (2) If this Act or the rules do not provide or sufficiently provide for a 21 particular matter, an application for directions may be made to the president 22 of the tribunal. 23 forms--president 24 Approved 481. The president may approve the following forms for use under this 25

s 482 238 s 484 Mental Health Act-- 1 (a) notice of a hearing of a review or treatment application; 2 (b) application for a notification order; 3 (c) treatment application; 4 (d) notice of appeal under section 376(4)(a).120 5 ART 9--MISCELLANEOUS PROVISIONS 6 P of documents 7 Authentication 482. A document requiring authentication by the tribunal is sufficiently 8 authenticated if it is signed by a tribunal member. 9 notice of particular signatures 10 Judicial 483. Judicial notice must be taken of the signature of a tribunal member 11 if it appears on a document issued by the tribunal. 12 of business 13 Arrangement 484.(1) The president of the tribunal is responsible for ensuring the quick 14 and efficient discharge of the tribunal's business. 15 (2) Without limiting subsection (1), the president must give directions 16 about-- 17 (a) the arrangement of the tribunal's business; and 18 (b) the number of members to constitute the tribunal for a particular 19 hearing; and 20 (c) the members who are to constitute the tribunal for a particular 21 hearing; and 22 120 The notice of appeal is for an appeal to the Mental Health Review Tribunal against a decision to exclude a visitor from an authorised mental health service.

s 485 239 s 487 Mental Health (d) the places and times the tribunal is to sit. 1 (3) A direction may be of general or limited application. 2 (4) Subsection (2)(b) and (c) has effect subject to part 3.121 3 (5) For subsection (2)(c), the members constituting the tribunal for a 4 particular hearing must, as far as practicable, include a member who is 5 culturally appropriate to the patient. 6 7 Delegation 485. The president of the tribunal may delegate the president's powers 8 under this Act to another tribunal member. 9 10 Register 486.(1) The president of the tribunal must keep a register of-- 11 (a) applications for reviews; and 12 (b) treatment applications; and 13 (c) reviews heard by it; and 14 (d) its decisions on the reviews, and the reasons for them. 15 (2) The president may keep the register in the way the president considers 16 appropriate. 17 report 18 Annual 487.(1) After each financial year, the president must prepare and give to 19 the Minister a report on the tribunal's operations in the year. 20 (2) The Minister must table a copy of the report in the Legislative 21 Assembly within 14 sitting days after the Minister receives it. 22 121 Part 3 (Constitution of tribunal for hearings)

s 488 240 s 489 Mental Health CHAPTER 13--ADMINISTRATION 1 ART 1--DIRECTOR OF MENTAL HEALTH 2 P 1--Appointment, functions and powers 3 Division 4 Appointment 488.(1) There is to be a Director of Mental Health. 5 (2) The director is to be appointed by the Governor in Council under this 6 Act and not under the Public Service Act 1996. 7 unctions 8 F 489.(1) The director has the following functions-- 9 (a) to the extent that it is reasonably practicable, ensuring the 10 protection of the rights of involuntary patients under this Act; 11 (b) to the extent that it is reasonably practicable, ensuring the 12 involuntary admission, assessment and treatment of persons 13 complies with this Act; 14 (c) facilitating the proper and efficient administration of this Act; 15 (d) promoting community awareness and understanding of the 16 administration of this Act; 17 (e) advising and reporting to the Minister on any matter relating to the 18 administration of this Act-- 19 (i) on the director's own initiative; or 20 (ii) on the request of the Minister if the matter is in the public 21 interest. 22 (2) Also, the director has the other functions given under this Act. 23

s 490 241 s 494 Mental Health 1 Powers--general 490.(1) The director has the powers given under this Act. 2 (2) In addition, the director has power to do all things necessary or 3 convenient to be done in performing the director's functions. 4 of director 5 Independence 491. In exercising a power under this Act, the director is not under the 6 control of the Minister. 7 8 Delegation 492.(1) The director may delegate the director's powers under this Act to 9 an appropriately qualified public service officer in the department or a health 10 service employee appointed under the Health Services Act 1991, part 3. 11 (2) However, the director must not delegate a power under part 2. 12 forms 13 Approved 493. The director may approve forms for use under this Act, other than a 14 form that the constituting judge of the Mental Health Court or the president 15 of the tribunal may approve under section 421 or 481. 16 2--Miscellaneous provisions 17 Division report 18 Annual 494.(1) After the end of each financial year, the director must give to the 19 Minister a report on the administration of this Act during the year. 20 (2) The Minister must table a copy of the report in the Legislative 21 Assembly within 14 sitting days after the Minister receives it. 22

s 495 242 s 498 Mental Health PART 2--AUTHORISED MENTAL HEALTH 1 SERVICES, HIGH SECURITY UNITS AND 2 ADMINISTRATORS 3 of authorised mental health services 4 Declaration 495. The director may, by gazette notice, declare a health service, or part 5 of a health service, providing treatment and care of people who have mental 6 illnesses to be an authorised mental health service for this Act. 7 of high security units 8 Declaration 496. The director may, by gazette notice, declare a public sector mental 9 health service, or part of public sector mental health service, to be a high 10 security unit for this Act. 11 of administrators of authorised mental health services and 12 Declaration high security units 13 497.(1) The director may, by gazette notice, declare a person to be the 14 administrator of an authorised mental health service or high security unit for 15 this Act. 16 (2) The declaration may state the administrator by name or reference to 17 the holder of a stated office. 18 by administrator 19 Delegations 498. The administrator of an authorised mental health service may 20 delegate the administrator's powers under this Act to an appropriately 21 qualified officer or employee of the health service. 22

s 499 243 s 502 Mental Health PART 3--AUTHORISED MENTAL HEALTH 1 PRACTITIONERS AND APPROVED OFFICERS 2 of authorised mental health practitioners 3 Appointment 499.(1) The director may appoint a health practitioner to be an authorised 4 mental health practitioner if the practitioner is-- 5 (a) a health service employee of a public sector mental health service; 6 or 7 (b) an officer or employee of the department. 8 (2) However, a health practitioner may be appointed to be an authorised 9 mental health practitioner only if, in the director's opinion, the practitioner 10 has the necessary expertise and experience to be an authorised mental health 11 practitioner. 12 of approved officers 13 Appointment 500.(1) The director may appoint a health practitioner, lawyer or other 14 person to be an approved officer. 15 (2) However, a person may be appointed to be an approved officer only 16 if, in the director's opinion, the officer has the necessary expertise or 17 experience to be an approved officer. 18 of appointment 19 Terms 501.(1) An authorised mental health practitioner or approved officer 20 holds office on the terms stated in the instrument of appointment. 21 (2) An authorised mental health practitioner or approved officer ceases to 22 hold office if the practitioner or officer ceases to be qualified for 23 appointment as an authorised mental health practitioner or approved officer. 24 25 Powers 502.(1) An authorised mental health practitioner or approved officer has 26

s 503 244 s 504 Mental Health the powers given under this Act.122 1 (2) Subsection (1) has effect subject to any limitation stated in the 2 instrument of appointment for the practitioner or officer. 3 of identity cards 4 Approval 503.(1) The director must approve identity cards for authorised mental 5 health practitioners and approved officers. 6 (2) An approved identity card for an authorised mental health practitioner 7 or approved officer must-- 8 (a) contain a recent photograph of the practitioner or officer; and 9 (b) for an authorised mental health practitioner--state the person's 10 occupation. 11 PART 4--AUTHORISED DOCTORS 12 is an authorised doctor 13 Who 504.(1) The administrator of an authorised mental health service may, by 14 written instrument, appoint a doctor to be an authorised doctor for the health 15 service. 16 (2) However, a doctor may be appointed to be an authorised doctor only 17 if, in the administrator's opinion, the doctor has the necessary expertise or 18 experience to be an authorised doctor. 19 (3) The administrator of an authorised mental health service who is a 20 psychiatrist is also an authorised doctor for the health service. 21 122 Authorised mental health practitioners have powers under chapter 2, part 2, chapter 2, part 3, division 2 and chapter 3, part 1. Approved officers have powers under chapter 14, part 6.

s 505 245 s 507 Mental Health 1 Powers 505.(1) An authorised doctor has the powers given under this Act. 2 (2) Subsection (1) has effect subject to any limitation stated in the 3 doctor's instrument of appointment. 4 of authorised doctors 5 Register 506. The administrator of an authorised mental health service must keep 6 a register of authorised doctors for the health service. 7 HAPTER 14--ENFORCEMENT, EVIDENCE AND 8 C LEGAL PROCEEDINGS 9 ART 1--RETURN OF PATIENTS TO TREATING 10 P HEALTH SERVICE FOR ASSESSMENT OR 11 TREATMENT 12 doctor may require involuntary patient's return 13 Authorised 507.(1) An authorised doctor may, by written notice given to an 14 involuntary patient, require the patient to return to a stated authorised mental 15 health service on or before a stated time-- 16 (a) to complete the patient's assessment under chapter 2 or 3;123 or 17 (b) to give effect to a change to the patient's treatment plan; or 18 (c) to give effect to a decision or order of the tribunal or Mental 19 Health Court; or 20 (d) if the doctor reasonably believes-- 21 (i) the patient has not complied with the patient's treatment plan; 22 123 Chapter 2 (Involuntary assessment) or 3 (Persons before a court or in custody requiring assessment or detention)

s 508 246 s 508 Mental Health and 1 (ii) it is necessary in the interests of the health or safety of the 2 patient or the safety of others. 3 (2) The doctor must-- 4 (a) state the reasons for the requirement in the notice; and 5 (b) talk to the patient about the requirement. 6 (3) However, the doctor need not comply with subsection (2)(b) if-- 7 (a) it is not reasonably practicable to do so; or 8 (b) the doctor reasonably believes that to do so would not be in the 9 interests of the health or safety of the patient or the safety of 10 others. 11 patient to authorised mental health service 12 Taking 508.(1) This section applies to-- 13 (a) a patient required by notice under section 507 to return to an 14 authorised mental health service; or 15 (b) a patient for whom an approval was given under section 186124 16 and the approval is revoked or the period of absence under the 17 approval ends; or 18 (c) a patient for whom a court has made an order under 19 section 101(2), 273(1)(b) or 337(5)125 and who unlawfully 20 absents himself or herself from the health service. 21 (2) A health practitioner or police officer may take the patient to the 22 in-patient facility of the authorised mental health service. 23 (3) For subsection (2), the health practitioner-- 24 (a) may exercise the power with the help, and using the force, that is 25 124 Section 186 (Absence of particular patients with director's approval) 125 Section 101 (Court may order person's detention in authorised mental health service), 273 (Orders about custody) or 337 (Appeal powers)

s 509 247 s 509 Mental Health reasonable in the circumstances;126 and 1 (b) is a public official for the Police Powers and Responsibilities 2 Act 2000.127 3 (4) If asked by a health practitioner, a police officer must, as soon as 4 reasonably practicable, ensure reasonable help is given. 5 (5) For giving the help, a police officer is taken to have responded to a 6 request by a public official under the Police Powers and Responsibilities 7 Act 2000, section 14(3). 8 (6) Also, if the patient is a classified or forensic patient or a patient 9 mentioned in subsection (1)(c), a police officer may detain the patient.128 10 of medication while being taken to authorised mental 11 Administration health service 12 509.(1) For taking a patient to which section 508 applies to an authorised 13 mental health service, medication may be administered to the patient while 14 being taken to the health service despite the absence or refusal of the 15 patient's consent. 16 (2) However, the medication-- 17 (a) may be administered to the patient only if a doctor is satisfied it is 18 necessary to ensure the safety of the patient or others while being 19 taken to the health service; and 20 (b) must be administered by a doctor or a registered nurse under the 21 instruction of a doctor. 22 (3) The doctor or nurse may administer the medication with the help, and 23 using the force, that is reasonable in the circumstances. 24 126 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals). 127 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts). 128 For a police officer's entry and search powers, see the Police Powers and Responsibilities Act 2000, section 19 (General power to enter to arrest or detain someone or enforce warrant).

s 510 248 s 511 Mental Health (4) For subsection (2)(b), the doctor's instruction must include the 1 medication's name, the dose and route and frequency of administration. 2 (5) A doctor or nurse who administers medication under this section 3 must keep a written record of the matters mentioned in subsection (4). 4 (6) This section applies despite the Guardianship and Administration Act 5 2000, chapter 5, part 2, division 1.129 6 PART 2--ENTRY TO PLACES 7 of pt 2 8 Application 510. This part applies if, under section 25, 117, 119 or 508,130 a person 9 (the "authorised person") is authorised or required to take someone else 10 (the "patient") to an authorised mental health service. 11 of places 12 Entry 511. For taking the patient to the authorised mental health service, the 13 authorised person may enter a place if-- 14 (a) the occupier of the place consents to the entry; or 15 (b) it is a public place and the entry is made when the place is open to 16 the public; or 17 (c) the entry is authorised by a warrant for apprehension of the 18 patient. 19 129 Guardianship and Administration Act 1999, chapter 5 (Health matters and special health matters), part 2 (Scheme for health care and special health care), division 1 (Health care--no consent) 130 Sections 25 (Taking person to authorised mental health service), 117 (Noncompliance with treatment under community category of involuntary treatment order), 119 (Change of category of order by authorised doctor) and 508 (Taking patient to authorised mental health service)

s 512 249 s 513 Mental Health for warrant for apprehension of patient 1 Application 512.(1) An authorised person or police officer may apply to a magistrate 2 for a warrant for apprehension of the patient. 3 (2) The application must be sworn and state the grounds on which it is 4 sought. 5 (3) The magistrate may refuse to consider the application until the 6 authorised mental health practitioner or police officer gives the magistrate all 7 the information the magistrate requires about the application in the way the 8 magistrate requires. 9 10 Example-- 11 The magistrate may require additional information supporting the application to be 12 given by statutory declaration. of warrant 13 Issue 513.(1) The magistrate may issue a warrant for apprehension only if the 14 magistrate is satisfied-- 15 (a) there are reasonable grounds for suspecting the patient may be 16 found at the place; and 17 (b) the warrant is necessary to enable the patient to be taken to an 18 authorised mental health service for assessment, treatment or care. 19 (2) The warrant authorises a police officer to detain the patient and take 20 the patient to the authorised mental health service.131 21 (3) The warrant must state the following-- 22 (a) a police officer's powers under subsection (2); 23 (b) for exercising the powers, a police officer may, under the Police 24 Powers and Responsibilities Act 2000, section 19-- 25 (i) enter and stay for a reasonable time on a place to detain the 26 patient; and 27 131 For a police officer's entry and search powers, see the Police Powers and Responsibilities Act 2000, section 19 (General power to enter to arrest or detain someone or enforce warrant).. Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals).

s 514 250 s 514 Mental Health (ii) search the place to find the patient; 1 (c) the hours of the day when entry may be made; 2 (d) the day (within 7 days after the warrant's issue) when the warrant 3 ends. 4 warrants 5 Special 514.(1) An authorised person or police officer may apply for a warrant 6 for apprehension of the patient (a "special warrant") by phone, fax, radio 7 or another form of communication if the authorised person or police officer 8 considers it necessary because of-- 9 (a) urgent circumstances; or 10 (b) other special circumstances, including, for example, the remote 11 location of the authorised person or police officer. 12 (2) Before applying for the special warrant, the authorised person or 13 police officer must prepare an application stating the grounds on which the 14 warrant is sought. 15 (3) The authorised person or police officer may apply for the warrant 16 before the application is sworn. 17 (4) After issuing the special warrant, the magistrate must immediately 18 fax a copy to the authorised person or police officer if it is reasonably 19 practicable to fax the copy. 20 (5) If it is not reasonably practicable to fax a copy to the authorised 21 person or police officer-- 22 (a) the magistrate must tell the authorised person or police officer-- 23 (i) what the terms of the warrant are; and 24 (ii) the date and time the warrant is issued; and 25 (b) the authorised person or police officer must complete a form of 26 warrant (a "warrant form") and write on it-- 27 (i) the magistrate's name; and 28 (ii) the date and time the magistrate issued the special warrant; 29 and 30

s 515 251 s 515 Mental Health (iii) the terms of the special warrant. 1 (6) The facsimile warrant, or the warrant form properly completed by the 2 authorised person or police officer, authorises the exercise of powers under 3 the warrant made by the magistrate. 4 (7) The authorised person or police officer must, at the first reasonable 5 opportunity, send to the magistrate-- 6 (a) the sworn application; and 7 (b) if the authorised person or police officer completed a warrant 8 form--the completed warrant form. 9 (8) On receiving the documents, the magistrate must attach them to the 10 warrant. 11 (9) A court must find the exercise of a power by a police officer was not 12 authorised by a special warrant if-- 13 (a) an issue arises in a proceeding before the court whether the 14 exercise of the power was authorised by a special warrant; and 15 (b) the special warrant is not produced in evidence; and 16 (c) it is not proved by the person relying on the lawfulness of the 17 entry that the special warrant was obtained. 18 before entry 19 Warrants--procedure 515.(1) This section applies if a police officer is intending to enter a place 20 under a warrant for apprehension of a patient. 21 (2) Before entering the place, the police officer must do or make a 22 reasonable attempt to do the following things-- 23 (a) identify himself or herself to a person present at the place who is 24 an occupier of the place; 25 (b) give the person a copy of the warrant or, if the entry is authorised 26 by a facsimile warrant or warrant form mentioned in 27 section 514(6), a copy of the facsimile warrant or warrant form; 28 (c) tell the person the officer is permitted by the warrant to enter and 29 search the place to find the patient. 30 (3) For subsection (2)(a), the police officer must identify himself or 31

s 516 252 s 517 Mental Health herself in the way stated in the Police Powers and Responsibilities Act 1 2000, section 330(2) or (3).132 2 (4) However, the officer need not comply with subsection (2) if the 3 officer reasonably believes immediate entry to the place is required to ensure 4 the effective execution of the warrant is not frustrated. 5 PART 3--USE OF REASONABLE FORCE FOR 6 DETENTION AND TREATMENT 7 of reasonable force to detain person in authorised mental health 8 Use service 9 516.(1) This section applies if, under a provision of this Act or a forensic 10 order (Criminal Code), a person is authorised or required to be detained in 11 an authorised mental health service. 12 (2) The administrator of the health service, and anyone lawfully helping 13 the administrator, may exercise the power with the help, and using the force, 14 that is reasonable in the circumstances. 15 of particular patients without consent and with use of 16 Treatment reasonable force 17 517.(1) This section applies to a patient under an involuntary treatment or 18 forensic order. 19 (2) Subject to chapter 4, part 3, division 2133, the patient may be treated 20 for the person's mental illness without the consent of the person or anyone 21 else. 22 132 Police Powers and Responsibilities Act 2000, section 330 (Supplying police officer's details) 133 Chapter 4 (Treatment of persons who have mental illnesses), part 3 (Regulated and prohibited treatments, seclusion and restraint), division 2 (Electroconvulsive therapy)

s 518 253 s 519 Mental Health (3) A person lawfully providing, or lawfully helping in providing, the 1 treatment may use reasonable force to provide or help provide the treatment. 2 PART 4--OFFENCES 3 relating to ill-treatment 4 Offences 518.(1) This section applies to a person who-- 5 (a) has a responsibility for the assessment, examination, detention or 6 treatment for mental illness of a person in an authorised mental 7 health service (the "patient"); or 8 (b) has the care or custody of a patient in an authorised mental health 9 service. 10 (2) The person must not ill-treat the patient. 11 Maximum penalty--100 penalty units or 1 year's imprisonment. 12 (3) In this section-- 13 "ill-treat" includes to wilfully neglect or molest. 14 relating to patients in custody absconding 15 Offences 519.(1) This section applies if, under this Act, a person (the "authorised 16 person")-- 17 (a) is taking a classified or forensic patient-- 18 (i) to an authorised mental health service; or 19 (ii) to appear before a court; or 20 (iii) to a place of custody; or 21 (b) is accompanying a classified or forensic patient or a patient for 22 whom a court has made an order under section 273(1)(b) while 23 the patient is undertaking limited community treatment; or 24 (c) is caring for a classified or forensic patient or a patient for whom 25 a court has made an order under section 101(2), 273(1)(b) or 26

s 520 254 s 520 Mental Health 337(5)134 during the patient's absence under an approval given 1 under section 186. 2 (2) For this section, while the authorised person is acting as mentioned in 3 subsection (1), the patient is in the authorised person's charge. 4 (3) The authorised person must not wilfully allow the patient to abscond 5 from the authorised person's charge. 6 Maximum penalty--200 penalty units or 2 years imprisonment. 7 (4) A person must not knowingly help the patient to abscond from the 8 authorised person's charge. 9 Maximum penalty for subsection (4)--200 penalty units or 2 years 10 imprisonment. 11 offences relating to absence of patients 12 Other 520.(1) A person must not-- 13 (a) induce, or knowingly help, a patient detained in an authorised 14 mental health service to unlawfully absent himself or herself from 15 the health service; or 16 (b) knowingly harbour a patient who is unlawfully absent from an 17 authorised mental health service. 18 Maximum penalty-- 19 (a) if the patient is a classified or forensic patient or a patient for 20 whom a court has made an order under section 101(2), 273(1)(b) 21 or 337(5)--200 penalty units or 2 years imprisonment; or 22 (b) otherwise--20 penalty units. 23 (2) For subsection (1)(b), a patient, within the meaning of section 519, is 24 unlawfully absent from the health service if the patient has absconded from 25 the charge of a person mentioned in section 519(2). 26 (3) A person employed in an authorised mental health service must not 27 wilfully allow a patient detained in the health service to unlawfully absent 28 134 Section 101 (Court may order person's detention in authorised mental health service), 273 (Orders about custody) or 337 (Appeal powers)

s 521 255 s 522 Mental Health himself or herself from the health service. 1 Maximum penalty-- 2 (a) if the patient is a classified or forensic patient or a patient for 3 whom a court has made an order under section 101(2), 273(1)(b) 4 or 337(5)--200 penalty units or 2 years imprisonment; or 5 (b) otherwise--20 penalty units. 6 of official 7 Obstruction 521.(1) A person must not obstruct an official in the exercise of a power 8 under this Act, unless the person has a reasonable excuse. 9 Maximum penalty--40 penalty units. 10 (2) However, a patient does not commit an offence against subsection (1) 11 merely because the patient resists the exercise of the power in relation to 12 himself or herself. 13 (3) In this section-- 14 "official" means-- 15 (a) the director, an administrator of an authorised mental health 16 service, health practitioner, ambulance officer, authorised officer 17 or approved officer or an appointed person under section 429; or 18 (b) a person acting under the direction of a person mentioned in 19 paragraph (a). 20 or misleading documents 21 False 522.(1) A person must not state anything in any document required or 22 permitted to be made under this Act the person knows is false or misleading 23 in a material particular. 24 Maximum penalty--40 penalty units. 25 (2) It is enough for a complaint against a person for an offence against 26 subsection (1) to state the statement made was, without specifying which, 27 `false or misleading'. 28

s 523 256 s 524 Mental Health ART 5--CONFIDENTIALITY 1 P for pt 5 2 Definition 523. In this part-- 3 "report", of a proceeding, includes a report of part of the proceeding. 4 of reports and decisions on references--Mental Health 5 Publication Court and Court of Appeal 6 524.(1) A person must not publish a report of a proceeding, or a decision 7 on a proceeding, in the Mental Health Court or Court of Appeal for a 8 reference before the end of the prescribed day after the decision on the 9 proceeding. 10 Maximum penalty--200 penalty units or 2 years imprisonment. 11 (2) In this section-- 12 "patient" means the person the subject of a reference. 13 "prescribed day" means-- 14 (a) for a decision that will result in the patient being brought to trial 15 for the offence under the reference--the end of the trial; or 16 (b) for a decision of the Mental Health Court that will not result in the 17 patient being brought to trial for the offence under the reference-- 18 (i) the day that is 28 days after the date of the decision; or 19 (ii) if an appeal to the Court of Appeal against the decision is 20 started within the 28 days, the later of the following-- 21 (A) the day that is 28 days after the date of the Court of 22 Appeal's decision on the appeal; 23 (B) if the Court of Appeal's decision on the appeal will 24 result in the patient being brought to trial for the 25 offence--the end of the trial; or 26 (iii) if an appeal to the Court of Appeal against the decision is 27 started within the 28 days but is later withdrawn--the day 28 that is 28 days after the date of the decision; or 29

s 525 257 s 525 Mental Health (iv) if an appeal to the Court of Appeal against the decision is not 1 started within the 28 days but within that time the patient 2 elects, under chapter 7, part 8,135 to be brought to trial for the 3 offence--the end of the trial; or 4 (c) for a decision of the Court of Appeal that will not result in the 5 patient being brought to trial for the offence under the reference, 6 the later of the following-- 7 (i) the day that is 28 days after the date of the decision; or 8 (ii) if the patient elects, under chapter 7, part 8, to be brought to 9 trial for the offence--the end of the trial. 10 of reports of other proceedings 11 Publication 525.(1) A person must not publish a report of a proceeding of-- 12 (a) the tribunal; or 13 (b) the Mental Health Court relating to an appeal against a decision of 14 the tribunal; or 15 (c) the Mental Health Court relating to an inquiry by the court under 16 chapter 11, part 9.136 17 Maximum penalty--200 penalty units or 2 years imprisonment. 18 (2) However, a person does not commit an offence against subsection (1) 19 if the person publishes the report with the leave of the tribunal or court. 20 (3) The tribunal or court may grant leave to publish the report only if it is 21 satisfied-- 22 (a) publication of the report is in the public interest; and 23 (b) the report does not contain information that identifies, or is likely 24 to identify-- 25 (i) the person the subject of the proceeding; or 26 135 Chapter 7 (Examinations, references and orders for persons charged with offences), part 8 (Right to trial retained) 136 Chapter 11 (Mental Health Court), part 9 (Inquiries into detention of patients in authorised mental health services)

s 526 258 s 528 Mental Health (ii) a person who appears as a witness before the tribunal or 1 court in the proceeding; or 2 (iii) a person mentioned or otherwise involved in the proceeding. 3 of information disclosing identity of parties to proceedings 4 Publication 526.(1) A person must not publish information that identifies, or is likely 5 to lead to the identification of, a young person who is or has been a party to 6 any proceeding under this Act in the tribunal, Mental Health Court or Court 7 of Appeal. 8 Maximum penalty--200 penalty units or 2 years imprisonment. 9 (2) A person must not publish information that identifies, or is likely to 10 lead to the identification of, a person other than a young person who is or 11 has been a party to a proceeding mentioned in section 525(1). 12 Maximum penalty--200 penalty units or 2 years imprisonment. 13 of information disclosed under notification order 14 Publication 527. A person must not publish information contained in a notice given 15 under a notification order. 16 Maximum penalty--200 penalty units or 2 years imprisonment. 17 of information--officials 18 Confidentiality 528.(1) This section applies to a person who-- 19 (a) is or has been-- 20 (i) an assisting psychiatrist; or 21 (ii) the registrar or another member of staff of the registry; or 22 (iii) a member of the tribunal; or 23 (iv) the executive officer; or 24 (v) a member of the staff of the tribunal; and 25 (b) in that capacity acquired information about another person's 26 affairs or has access to, or custody of, a document about another 27

s 529 259 s 529 Mental Health person's affairs. 1 (2) The person must not disclose the information, or give access to the 2 document, to anyone else. 3 Maximum penalty--50 penalty units. 4 (3) However, the person may disclose the information or give access to 5 the document to someone else-- 6 (a) to the extent necessary to perform the person's functions under or 7 in relation to this Act; or 8 (b) to the extent necessary for the other person to perform that 9 person's functions under or in relation to this Act; or 10 (c) if the disclosure or giving of access is otherwise required or 11 permitted by law; or 12 (d) if the person to whom the information relates agrees to the 13 disclosure or giving of access and the person is an adult when the 14 agreement is given. 15 of information--allied persons and agents 16 Confidentiality 529.(1) This section applies to a person who-- 17 (a) is or has been-- 18 (i) a patient's allied person; or 19 (ii) an agent representing a party at the hearing of a proceeding; 20 or 21 (iii) a person appointed by the tribunal to represent a person's 22 views, wishes and interests at a tribunal hearing; or 23 (iv) a person granted leave by the tribunal to attend a tribunal 24 hearing to help a patient represent the patient's views, wishes 25 and interests; and 26 (b) in that capacity acquired information about another person's 27 affairs or has access to, or custody of, a document about another 28 person's affairs. 29 (2) The person must not disclose the information, or give access to the 30 document, to anyone else. 31

s 530 260 s 532 Mental Health Maximum penalty--50 penalty units or 6 months imprisonment. 1 (3) However, the person may disclose the information or give access to 2 the document to someone else if-- 3 (a) the disclosure or giving of access is otherwise required or 4 permitted by law; or 5 (b) the person to whom the information relates agrees to the 6 disclosure or giving of access and the person is an adult when the 7 agreement is given. 8 of confidential information 9 Disclosure 530.(1) For a person exercising a power or performing a function under 10 this Act, the director or an officer, employee or agent of the department may 11 disclose to the person information that is subject to confidentiality under the 12 Health Services Act 1991, section 63, or the Private Health Facilities Act 13 1999, section 147. 14 (2) Subsection (1) does not apply to the preparation of an annual report 15 under this Act. 16 PART 6--INVESTIGATIONS 17 of "patient" for pt 6 18 Definition 531. In this part-- 19 "patient", in an authorised mental health service, means any person 20 admitted to or assessed, examined, detained or treated for a mental 21 illness in the health service. 22 officer may visit authorised mental health services 23 Approved 532.(1) An approved officer may, for the proper and efficient 24 administration of this Act, visit an authorised mental health service (whether 25 with or without notice) between the hours of 8 a.m. and 6 p.m. 26

s 533 261 s 533 Mental Health (2) On the visit, the officer may exercise the following powers-- 1 (a) inspect any part of the health service; 2 (b) confer alone with a patient in the health service; 3 (c) make inquiries about the admission, assessment, examination, 4 detention or treatment of a patient in the health service; 5 (d) inspect any document (including a medical record) about a patient 6 who-- 7 (i) has been examined or assessed or is being examined or 8 assessed in the health service; or 9 (ii) has received, or is receiving, treatment in the health service; 10 (e) inspect any record or register required to be kept under this Act; 11 (f) require the administrator of the health service, or another person 12 employed or engaged in the health service, to give to the officer 13 reasonable help for the exercise of the powers mentioned in 14 paragraphs (a) to (e). 15 (3) When making a requirement under subsection (2)(f), the officer must 16 warn the administrator of the health service or the other person it is an 17 offence not to comply with the requirement, unless the person has a 18 reasonable excuse. 19 (4) A person required to give reasonable help under subsection (2)(f) 20 must comply with the requirement unless the person has a reasonable 21 excuse. 22 Maximum penalty--40 penalty units. 23 (5) If a person is required under subsection (2)(f) to give reasonable help 24 by giving information or producing a document, it is a reasonable excuse if 25 complying with the requirement might tend to incriminate the person. 26 officer may require production of documents etc. 27 Approved 533.(1) For the proper and efficient administration of this Act, an 28 approved officer may, by written notice, require the administrator of an 29 authorised mental health service to-- 30 (a) produce to the officer a stated document (including a medical 31

s 534 262 s 534 Mental Health record), or a copy of a stated document, about a patient receiving 1 treatment in the service or another document relevant to the 2 administration or enforcement of this Act; or 3 (b) provide stated information to the officer about-- 4 (i) a patient who has been examined or assessed or is being 5 examined or assessed in the health service; or 6 (ii) a patient who has received, or is receiving, treatment in the 7 health service; or 8 (iii) another matter relevant to the administration or enforcement 9 of this Act. 10 (2) The notice must state the day (the "stated day") on which the 11 document, record or information is to be produced or provided. 12 (3) The stated day must be a reasonable time after the notice is given. 13 (4) The administrator must comply with the notice unless the 14 administrator has a reasonable excuse. 15 Maximum penalty--40 penalty units. 16 (5) It is a reasonable excuse if complying with the notice might tend to 17 incriminate the administrator. 18 (6) If a document or medical record is produced to the officer, the 19 officer-- 20 (a) may inspect it and make copies of, or take extracts from, the 21 document if it is relevant to the administration of this Act; and 22 (b) for an original document--must return it to the administrator 23 within a reasonable time after it is produced. 24 PART 7--EVIDENCE AND LEGAL PROCEEDINGS 25 provisions 26 Evidentiary 534.(1) This section applies to a proceeding under or in relation to this 27 Act. 28

s 535 263 s 535 Mental Health (2) Unless a party, by reasonable notice, requires proof of-- 1 (a) the appointment of the director, an authorised mental health 2 practitioner, the administrator of, or an authorised doctor for, an 3 authorised mental health service; or 4 (b) the authority of a person mentioned in paragraph (a) to do an act 5 under this Act; 6 the appointment or authority must be presumed. 7 (3) A signature purporting to be the signature of the director, president of 8 the tribunal or the administrator of, or authorised doctor for, an authorised 9 mental health service, is evidence of the signature it purports to be. 10 (4) A certificate purporting to be signed by the director stating any of the 11 following matters is evidence of the matter-- 12 (a) a stated document is a copy of an order, notice, declaration, 13 direction or decision made, issued or given under this Act; 14 (b) on a stated day, or during a stated period, a stated person was or 15 was not an involuntary patient or stated type of involuntary 16 patient; 17 (c) a stated place is, or was on a stated day or during a stated period, 18 an authorised mental health service or high security unit; 19 (d) on a stated day, a stated person was given a stated order, notice, 20 declaration, direction or decision under this Act; 21 (e) a stated document is a copy of a part of a register kept under this 22 Act. 23 (5) A document purporting to be certified by the executive officer of the 24 tribunal and to be a copy of an order or decision of the tribunal, is evidence 25 of the order or decision. 26 for offences 27 Proceedings 535.(1) A proceeding for an offence against this Act must be taken in a 28 summary way under the Justices Act 1886. 29 (2) The proceeding must start-- 30 (a) within 1 year after the commission of the offence; or 31

s 536 264 s 537 Mental Health (b) within 1 year after the offence comes to the complainant's 1 knowledge, but within 2 years after the commission of the 2 offence. 3 of officials from liability 4 Protection 536.(1) An official does not incur civil liability for an act done, or 5 omission made, honestly and without negligence under this Act. 6 (2) If subsection (1) prevents a civil liability attaching to an official, the 7 liability attaches instead to the State. 8 (3) In this section-- 9 "official" means-- 10 (a) the director, an administrator of an authorised mental health 11 service, health practitioner, ambulance officer, authorised officer 12 or approved officer or an appointed person under section 429; or 13 (b) a person acting under the direction of a person mentioned in 14 paragraph (a). 15 ART 8--GENERAL 16 P with particular provisions as soon as practicable 17 Compliance 537.(1) This section applies if, under a provision of this Act-- 18 (a) a person is required or permitted to-- 19 (i) make, prepare or give a document to another person; or 20 (ii) talk to or tell another person about a matter; and 21 (b) no time is provided or allowed for complying with the provision. 22 (2) The provision must be complied with as soon as practicable. 23

s 538 265 s 540 Mental Health with provision to extent reasonably practicable 1 Compliance 538.(1) This section applies if, under a provision of this Act, a person is 2 authorised or required to give notice to or tell someone about a matter. 3 (2) The person need only comply with the provision to the extent that is 4 reasonably practicable in the circumstances. 5 (3) Without limiting subsection (2), it is not reasonably practicable for the 6 administrator of an authorised mental health service to comply with a 7 provision relating to an allied person for a patient if, after reasonable 8 enquiries, the administrator can not ascertain the allied person's 9 whereabouts. 10 taken to have complied with particular requirements 11 Administrator 539.(1) This section applies if, under a provision of this Act-- 12 (a) the administrator of an authorised mental health service is 13 required to give notice to or tell an allied person for a patient about 14 a matter; and 15 (b) the administrator purportedly complies with the requirement by 16 giving a notice to or telling a person about the matter in the honest 17 and reasonable belief the person is the patient's allied person. 18 (2) The administrator is taken to have complied with the requirement. 19 (3) Anything done or omitted to be done under this Act in reliance on the 20 administrator's purported compliance with the requirement is taken to be as 21 effective as it would have been had the administrator complied with the 22 requirement. 23 HAPTER 15--MISCELLANEOUS PROVISIONS 24 C custody of particular patients 25 Legal 540.(1) The following patients are in the legal custody of the 26 administrator of the patient's treating health service-- 27

s 541 266 s 542 Mental Health (a) a classified patient; 1 (b) a forensic patient-- 2 (i) the Mental Health Court has decided is unfit for trial but the 3 unfitness for trial is not of a permanent nature; or 4 (ii) for whom a jury has made a section 613 or 645 finding; or 5 (c) a patient for whom a court has made an order under 6 section 101(2), 273(1)(b) or 337(5).137 7 (2) Also, a person detained in an authorised mental health service under a 8 court examination order is in the legal custody of the administrator of the 9 health service. 10 patients to appear before court and return to treating health 11 Taking service 12 541.(1) This section applies if a patient who is detained in an authorised 13 mental health service is required for any reason to appear before a court. 14 (2) A health practitioner may take the patient to appear before the court. 15 (3) Subject to any order the court may make, a health practitioner may 16 take the patient back to the health service at the end of the proceedings. 17 (4) For subsections (2) and (3), the health practitioner-- 18 (a) may exercise the power with the help, and using the force, that is 19 reasonable in the circumstances; and 20 (b) is a public official for the Police Powers and Responsibilities Act 21 2000.138 22 to identify himself or herself before exercising powers 23 Official 542.(1) Before exercising a power under this Act in relation to another 24 137 Sections 101 (Court may order person's detention in authorised mental health service, 273 (Orders about custody) and 337 (Appeal powers) 138 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts).

s 543 267 s 543 Mental Health person, an official must, to the extent that it is reasonable and practicable in 1 the circumstances, identify himself or herself, and anyone else helping the 2 official exercise the power, to the other person. 3 (2) An official complies with subsection (1) if the official-- 4 (a) first produces his or her identity card for the person's inspection; 5 or 6 (b) has his or her identity card displayed so that it is clearly visible to 7 the person. 8 (3) Failure to comply with subsection (1) does not affect the validity of 9 the exercise of the power. 10 (4) In this section-- 11 "official" means-- 12 (a) generally--a health practitioner or an ambulance officer who is 13 not in uniform; or 14 (b) for chapter 10, part 3--an authorised officer; or 15 (c) for chapter 14, part 6--an approved officer. 16 counted as imprisonment 17 Period 543.(1) The period a person is a classified or forensic patient or is 18 detained in an authorised mental health service under a court examination 19 order or court order under section 101(2), 273(1)(b) or 337(5),139 for a 20 particular offence, is-- 21 (a) for the Penalties and Sentences Act 1992140 --taken to be 22 imprisonment already served under the sentence for the offence; 23 or 24 (b) for the Corrective Services Act 1988 or Juvenile Justice Act 25 1992--counted as part of the person's period of imprisonment or 26 detention for the offence. 27 139 Sections 101 (Court may order person's detention in authorised mental health service, 273 (Orders about custody) and 337 (Appeal powers) 140 See Penalties and Sentences Act 1992, section 161 (Time held in presentence custody to be deducted).

s 544 268 s 546 Mental Health (2) However, subsection (1) does not apply to a period the person is 1 granted bail for the offence. 2 patient or surety not liable 3 When 544.(1) This section applies if proceedings for an offence against an 4 involuntary patient are suspended under this Act. 5 (2) The patient or a surety of the patient does not incur any liability 6 merely because of the patient's failure to appear before a court for the 7 offence. 8 power 9 Regulation-making 545.(1) The Governor in Council may make regulations under this Act. 10 (2) A regulation may be made about any of the following matters-- 11 (a) fees payable under this Act; 12 (b) the records to be kept and returns to be made by persons and the 13 inspection of records. 14 (3) A regulation may provide for a maximum penalty of not more than 15 20 penalty units for a contravention of a regulation. 16 to repealed Act 17 References 546. In an Act or document, a reference to the Mental Health Act 1974 18 may, if the context permits, be taken to be a reference to this Act. 19

s 547 269 s 549 Mental Health CHAPTER 16--REPEAL AND TRANSITIONAL 1 PROVISIONS 2 ART 1--REPEAL OF MENTAL HEALTH ACT 1974 3 P repealed 4 Act 547. The Mental Health Act 1974 (1974 Act No. 2) is repealed. 5 PART 2--TRANSITIONAL PROVISIONS 6 1--Interpretation 7 Division for pt 2 8 Definitions 548. In this part-- 9 "commencement day" means the day this part commences. 10 "repealed Act" means the Mental Health Act 1974 as in force immediately 11 before the commencement day. 12 to patient's treating health service 13 References 549. For applying a provision of this Act (the "applied provision") to a 14 patient to whom a provision of this part applies, a reference in the applied 15 provision to the patient's treating health service is, if the context permits, a 16 reference to the authorised mental health service in which the patient was 17 detained, or liable to be detained, immediately before the commencement 18 day. 19

s 550 270 s 552 Mental Health Division 2--Provisions about admission, detention and removal to 1 places of safety under part 3 of repealed Act 2 for admission and doctor's recommendation under s 18 of 3 Application repealed Act 4 550.(1) This section applies if, immediately before the commencement 5 day-- 6 (a) an application for admission under section 18 of the repealed Act 7 and a doctor's recommendation under the section supporting the 8 application provided lawful authority for a patient's admission to 9 a hospital; and 10 (b) the patient had not, under the section, been admitted to a hospital. 11 (2) The application and recommendation are taken to be assessment 12 documents for chapter 2 and continue in force until the day they would have 13 ceased to provide lawful authority for the patient's admission to a hospital 14 had the repealed Act not been repealed. 15 detained in hospital under certificate of doctor under s 19 16 In-patients of repealed Act 17 551.(1) This section applies if, immediately before the commencement 18 day, a patient was lawfully detained in a hospital under section 19(2) of the 19 repealed Act. 20 (2) The patient may be detained in an authorised mental health service 21 until the end of the time the patient could have been lawfully detained in a 22 hospital had the repealed Act not been repealed. 23 to remove to place of safety under s 25 of repealed Act 24 Warrants 552.(1) This section applies if, immediately before the commencement 25 day, a warrant for the removal of a person to a place of safety under 26 section 25 of the repealed Act had not been executed. 27 (2) However, this section does not apply if-- 28 (a) under section 25(2) of the repealed Act, the warrant had ceased to 29 authorise the person's removal; or 30

s 553 271 s 554 Mental Health (b) under section 25(3A) of the repealed Act, a doctor or designated 1 authorised person informs a police officer of his or her opinion 2 about a matter mentioned in the subsection. 3 (3) The warrant has effect as if it were a justices examination order made 4 for the person until the warrant would have ended under the repealed Act 5 had the repealed Act not been repealed. 6 detained in hospital, under s 27 of repealed Act, following 7 Patients removal to place of safety 8 553.(1) This section applies if, immediately before the commencement 9 day, a person was detained in a hospital under section 27 of the repealed 10 Act. 11 (2) Chapter 2, part 4, applies to the person as if assessment documents 12 were made for the person and produced to a health service employee at an 13 authorised mental health service. 14 (3) However, the total period of the person's detention under section 27 15 of the repealed Act and this Act must not be more than 3 days. 16 detained under s 21 of repealed Act 17 Patients 554.(1) This section applies to a patient who, immediately before the 18 commencement day, was detained in a hospital under section 21 of the 19 repealed Act. 20 (2) If the patient was detained-- 21 (a) under section 21(1) or (2) of the repealed Act--the medical 22 recommendation made under section 18(3) of the repealed Act for 23 the patient is taken to be an involuntary treatment order made by 24 an authorised doctor who is not a psychiatrist; or 25 (b) under section 21(3) of the repealed Act--the last report made 26 under section 21(4) of the repealed Act for the patient is taken to 27 be an involuntary treatment order made by a psychiatrist. 28 (3) However, if the report mentioned in subsection (2)(b) was made 29 under section 21(7) of the repealed Act following an examination by a 30 doctor who is not a psychiatrist, the order is taken to have been made by an 31 authorised doctor who is not a psychiatrist. 32

s 555 272 s 557 Mental Health (4) An involuntary treatment order mentioned in subsection (2)(a) or (3) 1 is taken to have been made on the commencement day. 2 treatment orders must be made for particular patients 3 Involuntary 555.(1) This section applies to a patient for whom an involuntary 4 treatment order (the "old order") is taken to have been made under this 5 part. 6 (2) If, on the first regular assessment of the patient under section 116, the 7 psychiatrist is satisfied the treatment criteria apply to the patient, the 8 psychiatrist must make an involuntary treatment order for the patient (the 9 "new order"). 10 (3) For section 108, the assessment of the patient is taken to have been 11 carried out under chapter 2, part 4. 12 (4) For section 187(1)(a), a review is not required within 6 weeks after 13 the new order is made but the periodic reviews mentioned in the paragraph 14 must be carried out at intervals of not more than 6 months starting when the 15 new order is made.141 16 (5) Section 113 does not apply to the making of the new order. 17 (6) The old order is revoked on the making of the new order. 18 of involuntary treatment orders 19 Category 556. If, under a provision of this part, an involuntary treatment order is 20 taken to have been made for a patient, the category of the order is in-patient. 21 Division 3--Provisions about particular patients detained under part 4 22 of repealed Act 23 detained under s 29(3) of repealed Act 24 Persons 557.(1) This section applies if, immediately before the commencement 25 day, a person was detained, or liable to be detained, in a security patients' 26 141 See section 571 (Timing of reviews by Mental Health Review Tribunal).

s 558 273 s 559 Mental Health hospital, under section 29(3) of the repealed Act. 1 (2) The person is taken to be a classified patient for whom a court 2 assessment order has been made and may be detained in an authorised 3 mental health service until the patient ceases to be a classified patient. 4 (3) Sections 70 to 72 do not apply to the patient. 5 (4) The administrator of the authorised mental health service in which the 6 patient is detained, or liable to be detained, must ensure-- 7 (a) a treatment plan is prepared for the patient; and 8 (b) a health practitioner talks to the patient about the patient's 9 treatment under the treatment plan. 10 detained under s 29(4)(b) of repealed Act 11 Persons 558.(1) This section applies if, immediately before the commencement 12 day, a person was detained in a prison or security patients' hospital under a 13 court order under section 29(4)(b) of the repealed Act. 14 (2) The court order for the person's detention continues in force despite 15 the repeal of the repealed Act until the Mental Health Court decides the 16 reference of the person's mental condition. 17 detained under s 29A(2) or 29C of repealed Act are classified 18 Persons patients 19 559.(1) This section applies if, immediately before the commencement 20 day, a person was detained, or liable to be detained, in a hospital, under a 21 justices order under section 29A(2) or 29C of the repealed Act. 22 (2) The person is taken to be a classified patient for whom a court 23 assessment order has been made and may be detained in an authorised 24 mental health service until the patient ceases to be a classified patient. 25 (3) Sections 70 to 72 do not apply to the patient. 26 (4) The justices order is taken to be an involuntary treatment order for the 27 patient that-- 28 (a) was made on the commencement day; and 29 (b) has effect as if it were made by a doctor who is not a psychiatrist. 30

s 560 274 s 562 Mental Health detained under s 31 or 32 of repealed Act are classified 1 Persons patients 2 560.(1) This section applies if, immediately before the commencement 3 day, a person was detained, or liable to be detained, in a hospital, under 4 section 31 or 32 of the repealed Act. 5 (2) The person is taken to be a classified patient for whom a custodian's 6 assessment authority has been made and may be detained in an authorised 7 mental health service until the patient ceases to be a classified patient. 8 (3) Sections 70 to 72 do not apply to the patient. 9 (4) The doctor's recommendation for the patient under section 31(2) of 10 the repealed Act is taken to be an involuntary treatment order for the patient 11 that has effect as if it were made by a doctor who is not a psychiatrist. 12 (5) However, if, before the commencement day, a psychiatrist has given 13 a certificate under section 31(3) of the repealed Act stating that the patient is 14 suffering from mental illness and ought to be detained as mentioned in 15 section 31(3)(a) and (b) of the repealed Act, the certificate is taken to be a 16 confirmation of the involuntary treatment order. 17 found not to be in need of detention under s 31A of repealed 18 Persons Act 19 561.(1) This section applies if-- 20 (a) section 31A(1)(a), (b) or (c) of the repealed Act applied to a 21 person; and 22 (b) immediately before the commencement day, the person had not, 23 under the section, been brought before a court. 24 (2) Section 31A of the repealed Act continues to apply to the person as if 25 the repealed Act had not been repealed. 26 detained under s 43 of repealed Act are classified patients 27 Prisoners 562.(1) This section applies if, immediately before the commencement 28 day, a person was detained, or liable to be detained, in a hospital, under 29 section 43 of the repealed Act. 30 (2) The person is taken to be a classified patient for whom a custodian's 31

s 563 275 s 564 Mental Health assessment authority has been made and may be detained in an authorised 1 mental health service until the patient ceases to be a classified patient. 2 (3) Sections 70 to 72 do not apply to the patient. 3 (4) The doctor's recommendation for the patient under section 43(2) of 4 the repealed Act is taken to be an involuntary treatment order for the patient 5 that has effect as if it were made by a doctor who is not a psychiatrist. 6 (5) However, if, before the commencement day, a psychiatrist had given 7 a certificate under section 43(5) of the repealed Act that the matters 8 mentioned in the section apply to the patient, the certificate is taken to be a 9 confirmation of the involuntary treatment order. 10 (6) If the patient was detained, or liable to be detained, in a security 11 patients' hospital, following the expiration of the patient's period of 12 imprisonment or detention, the patient may be detained in a high security 13 unit as if the director had, under section 82, approved the patient's detention 14 in a high security unit. 15 under 17 years detained in security patients' hospitals 16 Patients 563.(1) This section applies to a patient who-- 17 (a) immediately before the commencement day, was detained in a 18 security patients' hospital under part 4 of the repealed Act; and 19 (b) at the beginning of the commencement day, is a young patient. 20 (2) The patient may be detained in a high security unit. 21 (3) For section 194, the patient's detention in a high security unit starts on 22 the commencement day. 23 orders under s 43E of repealed Act for custody of persons 24 Court during adjournment 25 564.(1) This section applies if, immediately before the commencement 26 day, a person was in custody in a security patient's hospital during an 27 adjournment of proceedings under a court order under section 43E of the 28 repealed Act. 29

s 565 276 s 566 Mental Health (2) The court order is taken to be a court order under chapter 3, part 7,142 1 for the person's detention, during the adjournment, in an authorised mental 2 health service. 3 4--Provisions about transfer and leave of absence 4 Division of restricted patients transferred to security patients' 5 Detention hospital 6 565.(1) This section applies to a restricted patient who, immediately 7 before the commencement day, was detained in a security patients' hospital 8 under the order of the director under section 41 or 44 of the repealed Act. 9 (2) The patient may be detained in a high security unit as if the patient 10 had, under section 165, been transferred to a high security unit. 11 (3) If the patient is a young patient, for section 194, the patient's detention 12 in a high security unit starts on the commencement day. 13 of absence for restricted patients under pt 4 of repealed Act 14 Leave 566.(1) An order of the Mental Health Tribunal under section 34A of the 15 repealed Act granting a restricted patient leave of absence that was in force 16 immediately before the commencement day is taken to be an order under 17 section 289 for limited community treatment for the patient. 18 (2) A finding of a Patient Review Tribunal under section 36 of the 19 repealed Act that a restricted patient can be released on leave of absence that 20 was in force immediately before the commencement day is taken to be an 21 order under section 203(2)(a) for limited community treatment for the 22 patient. 23 (3) Subsection (4) applies if-- 24 (a) under section 42 of the repealed Act, the director granted leave of 25 absence to a restricted patient; and 26 (b) the leave of absence was in force immediately before the 27 142 Chapter 3 (Persons before a court or in custody requiring assessment or detention), part 7 (Detention in authorised mental health service during trial)

s 567 277 s 568 Mental Health commencement day. 1 (4) Limited community treatment for the patient is taken to have been 2 authorised under section 129. 3 (5) In this section-- 4 "restricted patient" means a restricted patient under part 4 of the repealed 5 Act. 6 of absence for other patients 7 Leave 567.(1) This section applies if-- 8 (a) under section 46 of the repealed Act, a patient was granted leave 9 of absence; and 10 (b) the leave of absence was in force immediately before the 11 commencement day. 12 (2) Limited community treatment for the patient is taken to have been 13 authorised under section 129. 14 (3) The conditions of the leave of absence are taken to be conditions of 15 the patient's treatment plan. 16 (4) The authorisation ends on the earlier of the following-- 17 (a) the day the leave of absence would have ended had the repealed 18 Act not been repealed; 19 (b) 7 days after the commencement day. 20 of patients absent without leave 21 Return 568.(1) This section applies if-- 22 (a) before the commencement day-- 23 (i) a patient was liable, under section 47 of the repealed Act, to 24 be taken into custody and returned or admitted to a hospital; 25 or 26 (ii) the director, under the Mental Health Regulation 1985, 27 section 26, revoked leave of absence granted under part 4 of 28 the regulation to a patient; and 29

s 568 278 s 568 Mental Health (b) at the beginning of the commencement day, the patient had not 1 been returned or been admitted to an authorised mental health 2 service. 3 (2) A health practitioner or police officer may take the patient to the in- 4 patient facility of an authorised mental health service. 5 (3) For subsection (2), the health practitioner-- 6 (a) may exercise the power with the help, and using the force, that is 7 reasonable in the circumstances;143 and 8 (b) is a public official for the Police Powers and Responsibilities 9 Act 2000.144 10 (4) If asked by a health practitioner, a police officer must, as soon as 11 reasonably practicable, ensure reasonable help is given. 12 (5) For giving the help, a police officer is taken to have responded to a 13 request by a public official under the Police Powers and Responsibilities 14 Act 2000, section 14(3). 15 (6) Also, if the patient is a classified or forensic patient, a police officer 16 may detain the patient.145 17 (7) Despite the absence or refusal of the patient's consent, medication 18 may be administered to the patient while being taken to the authorised 19 mental health service. 20 (8) Section 509(2) to (6) applies to the administration of the medication. 21 143 For use of force by police officers, see Police Powers and Responsibilities Act 2000, section 304 (Power to use force against individuals). 144 For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 14 (Helping public officials exercise powers under other Acts). 145 A police officer has entry and search powers under the Police Powers and Responsibilities Act 2000, section 19 (General power to enter to arrest or detain someone or enforce warrant).

s 569 279 s 571 Mental Health Division 5--Reviews by Patient Review Tribunal 1 by Patient Review Tribunal under ss 15 and 21 of repealed 2 Reviews Act 3 569.(1) If, immediately before the commencement day, a Patient Review 4 Tribunal had not decided an application under section 15(5), 21(6) or 5 21(6A) of the repealed Act for a patient, the application is taken to be an 6 application for a review for the patient. 7 (2) If, immediately before the commencement day, an order of a Patient 8 Review Tribunal under section 15(6) of the repealed Act for a patient had 9 not been given effect, the order is taken to be-- 10 (a) if the order was for the patient's discharge--a decision under 11 section 191(1) revoking the involuntary treatment order for the 12 patient; or 13 (b) if the order was for the patient's leave of absence or transfer--a 14 decision under section 191(2)(b)(i) or (2)(c) ordering limited 15 community treatment for the patient or the patient's transfer. 16 (3) However, section 192 does not apply to the decision. 17 by Patient Review Tribunal under s 36 of repealed Act 18 Reviews 570.(1) If, immediately before the commencement day, a finding or an 19 order of a Patient Review Tribunal under section 36 of the repealed Act for a 20 patient had not been given effect, the finding or order is taken to be-- 21 (a) for a finding that the patient can be released, other than on leave of 22 absence--a decision under section 203(1) revoking the forensic 23 order for the patient; or 24 (b) for an order that the patient be transferred--an order under 25 section 203(2)(d) for the patient. 26 (2) However, section 205 does not apply to the decision. 27 of reviews by Mental Health Review Tribunal 28 Timing 571.(1) This section applies to-- 29

s 572 280 s 572 Mental Health (a) a patient for whom an involuntary treatment order is taken to have 1 been made under this part; or 2 (b) a patient who, at the beginning of the commencement day, is a 3 forensic patient. 4 (2) If, under the repealed Act, a Patient Review Tribunal has carried out a 5 review for a patient within 6 months before the commencement day, the 6 first review under this Act for the patient must be carried out within 7 6 months after the last review under the repealed Act. 8 (3) If, under the repealed Act, a Patient Review Tribunal has not carried 9 out a review for a patient within 6 months before the commencement day, 10 the first review under this Act for the patient must be carried out within a 11 reasonable time, but not more than 3 months, after the commencement day. 12 (4) This section has effect despite sections 187 and 200. 13 of mental condition of persons to decide fitness for trial 14 Reviews 572.(1) This section applies if-- 15 (a) under section 34(2) or (3) of the repealed Act, a Patient Review 16 Tribunal had given a report on a finding about a person's mental 17 condition to the Attorney-General; and 18 (b) immediately before the commencement day-- 19 (i) proceedings ordered to be continued against the person had 20 not continued; or 21 (ii) proceedings against the person had not been discontinued. 22 (2) The finding is taken to be a decision of the Mental Health Review 23 Tribunal under-- 24 (a) section 212(1)--for a finding under section 34(1)(b) of the 25 repealed Act; or 26 (b) section 212(2)--for a finding under section 34(1)(c) of the 27 repealed Act. 28 (3) However, sections 213 and 218 do not apply to the decision. 29 (4) If the Governor in Council had, under section 34(3)(b) of the repealed 30

s 573 281 s 574 Mental Health Act, deferred the question mentioned in the section, the deferral is taken to 1 be a deferral and order under section 214(2)(b). 2 proceedings discontinued for particular persons to whom s 34 3 When of repealed Act applied 4 573.(1) This section applies if-- 5 (a) under section 33 of the repealed Act, a person has been found to 6 be not fit for trial; and 7 (b) immediately before the commencement day, proceedings for the 8 offence have not been discontinued and, under section 34 of the 9 repealed Act-- 10 (i) the Attorney-General had not received a report from a Patient 11 Review Tribunal reporting that the patient is fit for trial; or 12 (ii) the Attorney-General or Governor in Council had not 13 ordered that proceedings be continued against the patient. 14 (2) This section also applies if, under section 33 of the repealed Act, a 15 person is found to be not fit for trial on or after the commencement day. 16 (3) Despite section 215(2), the prescribed period for section 215(1) for 17 the person is 3 years. 18 of mental condition of persons following section 613 or 645 19 Reviews finding 20 574.(1) This section applies if, before the commencement day-- 21 (a) a jury has, on the trial of a person charged with an indictable 22 offence, made a section 613 or 645 finding; and 23 (b) no order about the person has been made under section 38(8)(a) 24 or (b) of the repealed Act for the offence; and 25 (c) proceedings against the person for the offence have not been 26 discontinued under section 38(10) of the repealed Act. 27 (2) The Governor in Council's deferral of a determination for the patient, 28 under section 38(8)(c) of the repealed Act, is taken to be a deferral, and an 29 order that reviews under this Act be carried out for the patient, under 30

s 575 282 s 576 Mental Health section 213(2)(b). 1 (3) For subsection (2) and section 209(1)(b), the intervals for the periodic 2 reviews to be carried out for the patient start from the date of the last review 3 under the repealed Act. 4 of persons following section 613 or 645 finding 5 Trial 575.(1) This section applies if, before the commencement day-- 6 (a) a jury has, on the trial of a person charged with an indictable 7 offence, made a section 613 or 645 finding; and 8 (b) the trial of the person ordered under section 38(8)(b) of the 9 repealed Act has not started. 10 (2) Section 38(13) and (14) of the repealed Act apply as if the repealed 11 Act had not been repealed. 12 proceedings discontinued for particular persons to whom s 38 13 When of repealed Act applied 14 576.(1) This section applies if-- 15 (a) on the trial of a person charged with an indictable offence, a jury 16 has made a section 613 or 645 finding; and 17 (b) immediately before the commencement day, proceedings for the 18 offence had not been discontinued and under section 38 of the 19 repealed Act-- 20 (i) the Attorney-General had not received a report from a Patient 21 Review Tribunal recommending that the patient should be 22 tried for the offence; or 23 (ii) the Governor in Council had not ordered that the patient be 24 tried for the offence. 25 (2) Despite section 215(2), the prescribed period for section 215(1) for 26 the person is 3 years. 27

s 577 283 s 577 Mental Health 6--Examinations, references and orders for persons charged 1 Division with offences 2 of ch 7 to particular patients detained under pt 4 of 3 Application repealed Act 4 577.(1) This section applies to-- 5 (a) a patient who, under section 559 or 560 is taken to be a classified 6 patient; or 7 (b) a patient who was being treated as a restricted patient, under 8 section 29A(6A) or 29B of the repealed Act, immediately before 9 the commencement day. 10 (2) Chapter 7 applies to the patient to the extent the chapter is relevant to 11 the patient. 12 (3) For subsection (2), chapter 7 applies with all necessary changes. 13 (4) However, anything done or made under a provision of the repealed 14 Act that corresponds to a provision of chapter 7 is taken to have been done 15 or made under the chapter. 16 (5) If the Attorney-General has, under section 29A(9)(c) of the repealed 17 Act, deferred a determination for the patient and, immediately before the 18 commencement day, a Patient Review Tribunal had not reported to the 19 Attorney-General under section 29A(10A) of the repealed Act, the deferral 20 is taken to be a deferral by the director under section 241(1). 21 (6) Despite section 241(1), the period of deferral ends 2 months after the 22 commencement day. 23 (7) Section 241(2) does not apply to the deferral. 24 (8) If a Patient Review Tribunal has reported to the Attorney-General 25 under section 29A(10B) of the repealed Act about the patient and, before the 26 commencement day, the Attorney-General has not directed that the hearing 27 of the complaint proceed-- 28 (a) the matter of the patient's mental condition is taken to have been 29 referred to the Attorney-General under section 240; and 30 (b) the Attorney-General must make a decision under 31 section 247(1)(a), (b) or (c). 32

s 578 284 s 579 Mental Health (9) The Attorney-General's decision must be made before the day that is 1 3 months after the deferment of a determination under section 29A(9)(c) of 2 the repealed Act for the patient. 3 of mental condition of persons not started 4 References 578.(1) This section applies if, before the commencement day, the 5 Mental Health Tribunal has not taken oral evidence on a reference of the 6 matter of a person's mental condition under the repealed Act. 7 (2) The reference of the matter of the person's mental condition is taken 8 to be a reference to the Mental Health Court under-- 9 (a) section 62 if the matter was referred under section 29 of the 10 repealed Act; or 11 (b) section 240 if the matter was referred under section 30 of the 12 repealed Act; or 13 (c) section 257 if the matter was referred under section 28D or 31(8) 14 of the repealed Act. 15 (3) Despite section 264 or 266, the registrar is not required to give a 16 notice to a person under the section if, before the commencement day, a 17 notice about the reference or hearing of the reference was given to the 18 person under the repealed Act. 19 (4) However, if a notice about the reference or hearing of the reference 20 was not given to a person under the repealed Act, the registrar must, as soon 21 as practicable after the commencement day, give the person the notice 22 required under section 264 or 266. 23 of mental condition of persons being heard 24 References 579.(1) This section applies if the Mental Health Tribunal has, on the 25 hearing of a proceeding for a reference of the matter of a person's mental 26 condition under the repealed Act, taken oral evidence but, immediately 27 before the commencement day, had not decided the reference. 28 (2) The Mental Health Tribunal must decide the reference under the 29 repealed Act. 30 (3) For the reference, the repealed Act continues to have effect despite its 31

s 580 285 s 581 Mental Health repeal. 1 (4) For this Act, a determination or order-- 2 (a) under section 33 of the repealed Act is taken to be a decision or 3 order of the Mental Health Court; and 4 (b) under section 33A or 34(1)(a) of the repealed Act for a patient is 5 taken to be a forensic order (Mental Health Court) for the patient's 6 treatment or care in an authorised mental health service; and 7 (c) under section 33(4)(b) of the repealed Act for a patient is taken to 8 be an order under section 273(1)(b) for the patient's detention in 9 an authorised mental health service. 10 and orders on references to Mental Health Tribunal 11 Determinations 580.(1) A determination or order under section 33 of the repealed Act 12 that was in force immediately before the commencement day is taken to be 13 a decision or order of the Mental Health Court. 14 (2) An order under section 33A or 34(1)(a) of the repealed Act for a 15 patient that was in force immediately before the commencement day is 16 taken to be a forensic order (Mental Health Court) for the patient's treatment 17 or care in an authorised mental health service. 18 (3) A determination under section 33(1) of the repealed Act for a patient 19 who, immediately before the commencement day, was liable, under 20 section 35 of the repealed Act, to be detained in a hospital as a restricted 21 patient under part 4 of the repealed Act, is taken to be a forensic order 22 (Mental Health Court) for the patient's treatment or care in an authorised 23 mental health service. 24 (4) An order under section 33(4)(b) of the repealed Act for a patient that 25 was in force immediately before the commencement day is taken to be an 26 order under section 273(1)(b) for the patient's detention in an authorised 27 mental health service. 28 by Minister under ss 38 and 39 of repealed Act 29 Orders 581. An order of the Minister under section 38(1) or 39(1) of the 30 repealed Act that was in force immediately before the commencement day 31 is taken to be a forensic order (Minister). 32

s 582 286 s 583 Mental Health under s 43C of repealed Act to go to trial 1 Elections 582.(1)This section applies if, immediately before the commencement 2 day, a person had not been brought to trial for an offence following 3 lodgment of a notice under section 43C of the repealed Act. 4 (2) The notice is taken-- 5 (a) to be a notice under section 311 of the person's election to be 6 brought to trial for the offence; and 7 (b) to have been given to the Attorney-General on the 8 commencement day. 9 Division 7--Appeals and inquiries 10 against Patient Review Tribunal decisions 11 Appeals 583.(1) An application under section 15(9) or (10) or 37 of the repealed 12 Act that has not been decided before the commencement day may be 13 continued under chapter 8, part 1,146 as if it were an appeal against a review 14 decision. 15 (2) Subsection (3) applies if the Mental Health Tribunal has, on the 16 hearing of a proceeding for the application, taken oral evidence or an oral 17 submission on a material matter but, before the commencement day, has 18 not decided the appeal. 19 (3) For deciding the application-- 20 (a) the judge constituting the tribunal is the constituting judge of the 21 Mental Health Court; and 22 (b) the psychiatrists appointed under the repealed Act to assist the 23 tribunal for the application are taken to be the assisting 24 psychiatrists for the application. 25 (4) For chapter 8, part 1, a decision of a Patient Review Tribunal is taken 26 to be a review decision. 27 146 Chapter 8 (Appeals), part 1 (Appeals against tribunal decisions)

s 584 287 s 585 Mental Health against Mental Health Tribunal decisions 1 Appeals 584.(1) An appeal against a decision of the Mental Health Tribunal may 2 be started or continued under the repealed Act. 3 (2) For the appeal, the repealed Act continues to have effect as if it had 4 not been repealed. 5 (3) The registrar of the Court of Appeal must give written notice of the 6 court's decision on the appeal to the registrar of the Mental Health Court. 7 (4) Subsection (5) applies if, on the appeal, the Court of Appeal makes an 8 order under section 33A or 34(1)(a) of the repealed Act that a person be 9 detained in a hospital as a restricted patient under part 4 of the repealed Act. 10 (5) The order is taken, other than for chapter 8, part 2,147 to be a forensic 11 order (Mental Health Court) for the patient's treatment or care in an 12 authorised mental health service. 13 under s 70 of repealed Act 14 Inquiries 585.(1) This section applies if, before the commencement day-- 15 (a) an application was made for an inquiry under section 70 of the 16 repealed Act; or 17 (b) the Mental Health Tribunal had started but not completed an 18 inquiry under the section. 19 (2) The repealed Act continues to apply to the application or inquiry as if 20 it had not been repealed. 21 (3) However, section 70(3) of the repealed Act has effect as if 22 paragraph (a) were omitted and the following paragraph substituted-- 23 `(a) is not suffering from mental illness to the extent that the treatment 24 criteria under the Mental Health Act 2000 apply to the person; or'. 25 147 Chapter 8 (Appeals), part 2 (Appeals against Mental Health Court decisions on references)

s 586 288 s 589 Mental Health 8--Miscellaneous provisions 1 Division of Mental Health 2 Director 586. The person who, immediately before the commencement day, held 3 the office of Director of Mental Health under the repealed Act, becomes the 4 director on the commencement day. 5 continued under repealed Act 6 Committees 587.(1) This section applies to a committee continued in force under 7 section 82 of the repealed Act. 8 (2) Despite the repeal of the repealed Act, the committee continues in 9 force for 1 year after the commencement of section 82 of the repealed Act. 10 (3) For subsection (2), the Mental Health Act 1974, schedule 5, as in 11 force immediately before the repeal of the schedule, applies in relation to the 12 committee as if the schedule had not been repealed. 13 Health Court or tribunal may make orders about transition 14 Mental from repealed Act to this Act 15 588.(1) If this part makes no or insufficient provision for the transition of 16 a matter before the Mental Health Court or the Mental Health Review 17 Tribunal to the administration of this Act, the court or tribunal may make 18 the order it considers appropriate. 19 (2) The order may be made-- 20 (a) on application of the director or a party to a proceeding before the 21 court or tribunal; or 22 (b) on the initiative of the court or tribunal. 23 regulation-making power 24 Transitional 589.(1) A regulation (a "transitional regulation") may make provision 25 about a matter for which-- 26 (a) it is necessary to make provision to allow or facilitate the doing of 27 anything to achieve the transition from the operation of the 28

s 590 289 s 590 Mental Health repealed Act to the operation of this Act; and 1 (b) this Act does not make provision or sufficient provision. 2 (2) A transitional regulation may have retrospective operation to a day not 3 earlier than the commencement day. 4 (3) A transitional regulation must declare it is a transitional regulation. 5 (4) This section and any transitional regulation expire 1 year after the 6 commencement day. 7 HAPTER 17--AMENDMENTS OF ACTS 8 C amended 9 Acts 590. Schedule 1 amends the Acts mentioned in it. 10 11

290 Mental Health SCHEDULE 1 1 � MENDMENTS OF ACTS 2 A section 590 3 ART 1--AMENDMENTS OF MENTAL HEALTH 4 P ACT 1974 COMMENCING ON ASSENT 5 1. Section 5, definition "tribunal", after `section 14'-- 6 insert-- 7 `or a special Patient Review Tribunal constituted under section 14A'. 8 2. After section 14-- 9 insert-- 10 `Special Patient Review Tribunals 11 `14A.(1) The chairperson for a region may, under this section, constitute 12 1 or more Patient Review Tribunals (a "special tribunal") for dealing with 13 applications and references, and hearing reviews, for patients detained, or 14 liable to be detained, in hospitals in the region. 15 `(2) The chairperson must, by signed writing, appoint the members of a 16 special tribunal from the panel of members consisting of the following-- 17 (a) members of the tribunals constituted under section 14 (the 18 "regional tribunals"); 19 (b) persons appointed under subsection (3). 20 `(3) The Governor in Council may, by gazette notice, appoint a qualified 21 person to be a panel member. 22 `(4) For subsection (3), a qualified person is a person who is qualified 23 under section 14(3) to be appointed as a member of a regional tribunal. 24 `(5) The number and qualifications of the members of a special tribunal 25

291 Mental Health SCHEDULE 1 (continued) must be the same as under section 14(3) for a regional tribunal. 1 `(6) The chairperson must, in the instrument of appointment of 2 members, appoint a person qualified under section 14(3)(a) to be the 3 chairperson of a special tribunal. 4 `(7) For dealing with an application or reference or hearing a review for a 5 patient, a special tribunal has the same jurisdiction and powers as the 6 regional tribunal for the region in which the hospital in which the patient is 7 detained. 8 `(8) A panel member appointed under subsection (3) holds office on the 9 terms, and is entitled to be paid the remuneration and allowances, decided 10 by the Governor in Council. 11 `(9) Section 14(8) to (8C) and (11) apply to a special tribunal and the 12 members of a special tribunal.'. 13 ART 2--AMENDMENTS OF ACTS COMMENCING 14 P AFTER ASSENT 15 ABORIGINAL LAND ACT 1991 16 � 1. Section 98(1)(a)-- 17 omit, insert-- 18 `(a) becomes mentally or physically incapable of satisfactorily 19 performing the member's duties; or'. 20

292 Mental Health SCHEDULE 1 (continued) AMBULANCE SERVICE ACT 1991 1 � 1. Section 5(d)-- 2 omit. 3 2. Section 29(2)(g)-- 4 omit. 5 SSOCIATIONS INCORPORATION ACT 1981 6 �A 1. Section 64(2)(c)-- 7 omit. 8 2. Section 69(2)(c)-- 9 omit. 10 AUCTIONEERS AND AGENTS ACT 1971 11 � 1. Section 9(b)-- 12 omit. 13 2. Section 82(1)(c), from `or becomes a' to `1974)'-- 14 omit. 15

293 Mental Health SCHEDULE 1 (continued) AIL ACT 1980 1 �B 1. Section 11(3)(a), `(other than a security patients' hospital under the 2 Mental Health Act 1974)'-- 3 omit, insert-- 4 `other than a high security unit under the Mental Health Act 2000'. 5 2. Section 21(1)(c), from `detained' to `1974'-- 6 omit, insert-- 7 `an involuntary patient, under the Mental Health Act 2000, who is, or is 8 liable to be, detained in an authorised mental health service under that 9 Act'. 10 EACH PROTECTION ACT 1968 11 �B 1. Section 8(1)(d)-- 12 omit. 13 UILDING AND CONSTRUCTION INDUSTRY 14 �B (PORTABLE LONG SERVICE LEAVE) ACT 1991 15 1. Section 15(1)(a)-- 16 omit. 17

294 Mental Health SCHEDULE 1 (continued) BUILDING UNITS AND GROUP TITLES ACT 1980 1 � 1. Section 43(1)(i), from `or becomes' to `1974'-- 2 omit. 3 HICKEN MEAT INDUSTRY COMMITTEE ACT 1976 4 �C 1. Section 6(1)(c)-- 5 omit. 6 COLLECTIONS ACT 1966 7 � 1. Section 35A(9)(a), from `or becomes' to `1974'-- 8 omit. 9 COMMISSIONS OF INQUIRY ACT 1950 10 � 1. Section 5B(1)(b)-- 11 omit, insert-- 12 `(b) an involuntary patient detained in an authorised mental health 13 service--the chairperson may, by signed notice served on the 14 administrator of the health service, direct the administrator to 15 produce the patient at the time and place stated in the direction.'. 16

295 Mental Health SCHEDULE 1 (continued) 2. Section 5B(2), `hospital'-- 1 omit. 2 3. Section 5B(3), definitions "hospital" and "hospital administrator"-- 3 omit. 4 4. Section 5B(3)-- 5 insert-- 6 ` "administrator", of an authorised mental health service, see the Mental 7 Health Act 2000, schedule 2.148 8 "authorised mental health service" see the Mental Health Act 2000, 9 schedule 2.149 10 "involuntary patient" see the Mental Health Act 2000, schedule 2.150'. 11 148 For the declaration of administrators of authorised mental health services, see the Mental Health Act 2000, section 497. 149 For the declaration of health services providing treatment and care of people having mental illnesses to be authorised mental health services, see the Mental Health Act 2000, section 495. 150 Mental Health Act 2000, schedule 2 (Dictionary)-- ` "involuntary patient" means a person-- (a) who is, or is liable to be, detained, under chapter 2, part 4, in an authorised mental health service for assessment; or (b) for whom an involuntary treatment order is in force; or (c) who is a classified or forensic patient.'.

296 Mental Health SCHEDULE 1 (continued) CORRECTIVE SERVICES ACT 1988 1 � 1. Sections 32(1) and 69(2), `Mental Health Act 1974'-- 2 omit, insert-- 3 `Mental Health Act 2000'. 4 2. Section 69(1), definition "institution", paragraph (c), `a security 5 patients' hospital within the meaning of the Mental Health Act 1974'-- 6 omit, insert-- 7 `an authorised mental health service under the Mental Health Act 2000'. 8 3. Sections 134(3)(a) and 147(3)(a), from `or becomes' to `1974)'-- 9 omit. 10 4. Section 165-- 11 insert-- 12 `(6) In this section-- 13 "prisoner" includes a classified patient, under the Mental Health Act 2000, 14 who is detained in an authorised mental health service under that Act.'. 15 RIMES (CONFISCATION) ACT 1989 16 �C 1. Section 14(5)(a), after `part 4'-- 17 insert-- 18 `, or the Mental Health Act 2000, chapter 7, part 6'. 19

297 Mental Health SCHEDULE 1 (continued) RIMINAL CODE 1 �C 1. Section 145A(a)-- 2 omit, insert-- 3 `(a) the custody of a patient mentioned in the Mental Health Act 2000, 4 section 535; or'. 5 2. Section 146-- 6 omit. 7 3. Section 266, heading, `1974'-- 8 omit, insert-- 9 `2000'. 10 4. Section 266, from `a patient' to `1974)'-- 11 omit, insert-- 12 `an involuntary patient under the Mental Health Act 2000151'. 13 5. Section 358, heading, `1974'-- 14 omit, insert-- 15 `2000'. 16 151 Mental Health Act 2000, schedule 2 (Dictionary)-- ` "involuntary patient" means a person-- (a) who is, or is liable to be, detained, under chapter 2, part 4, in an authorised mental health service for assessment; or (b) for whom an involuntary treatment order is in force; or (c) who is a classified or forensic patient.'.

298 Mental Health SCHEDULE 1 (continued) 6. Section 358, from `a patient' to `1974)'-- 1 omit, insert-- 2 `an involuntary patient under the Mental Health Act 2000152'. 3 7. Section 592A(2)(i), `Mental Health Tribunal'-- 4 omit, insert-- 5 `Mental Health Court'. 6 8. Section 645(1) and 647(1), `Mental Health Act 1974'-- 7 omit, insert-- 8 `Mental Health Act 2000'. 9 RIMINAL JUSTICE ACT 1989 10 �C 1. Section 14(7)(c)-- 11 omit. 12 2. Section 81(2)-- 13 omit, insert-- 14 `(2) If the attendance of an involuntary patient detained in an authorised 15 mental health service before the commission is required, the chairperson 16 152 Mental Health Act 2000, schedule 2 (Dictionary)-- ` "involuntary patient" means a person-- (a) who is, or is liable to be, detained, under chapter 2, part 4, in an authorised mental health service for assessment; or (b) for whom an involuntary treatment order is in force; or (c) who is a classified or forensic patient.'.

299 Mental Health SCHEDULE 1 (continued) may, by signed notice served on the administrator of the health service, 1 direct the administrator to produce the patient at the time and place stated in 2 the direction.'. 3 3. Section 81(3), `hospital'-- 4 omit. 5 4. Section 81(4)-- 6 omit, insert-- 7 `(4) The general manager or administrator must comply with the 8 direction.'. 9 5. Section 81(5), definitions "hospital administrator" and "patient"-- 10 omit. 11 6. Section 81(5)-- 12 insert-- 13 ` "administrator", of an authorised mental health service, see the Mental 14 Health Act 2000, schedule 2.153 15 153 For the declaration of administrators of authorised mental health services, see the Mental Health Act 2000, section 497.

300 Mental Health SCHEDULE 1 (continued) "authorised mental health service" see the Mental Health Act 2000, 1 schedule 2.154 2 "involuntary patient" see the Mental Health Act 2000, schedule 2.155'. 3 7. Section 118N(c)-- 4 omit. 5 CRIMINAL OFFENCE VICTIMS ACT 1995 6 � 1. Section 33(1)(b)(i), `Mental Health Act 1974, part 4'-- 7 omit, insert-- 8 `Mental Health Act 2000, chapter 7, part 6156'. 9 154 For the declaration of health services providing treatment and care of people having mental illnesses to be authorised mental health services, see the Mental Health Act 2000, section 495. 155 Mental Health Act 2000, schedule 2 (Dictionary)-- ` "involuntary patient" means a person-- (a) who is, or is liable to be, detained, under chapter 2, part 4, in an authorised mental health service for assessment; or (b) for whom an involuntary treatment order is in force; or (c) who is a classified or forensic patient.'. 156 Mental Health Act 2000, chapter 7 (Examinations, references and orders for persons charged with offences), part 6 (Inquiries on references to Mental Health Court)

301 Mental Health SCHEDULE 1 (continued) AIRY INDUSTRY ACT 1993 1 �D 1. Section 88(2)(d) and (4)(f)-- 2 omit. 3 ENTAL ACT 1971 4 �D 1. Section 9(3)(a), from `or becomes' to `1974'-- 5 omit. 6 2. Section 27(2)-- 7 omit. 8 DISPUTE RESOLUTION CENTRES ACT 1990 9 � 1. Section 9(c)-- 10 omit. 11 DISTRICT COURT ACT 1967 12 � 1. Section 3, definition "mentally ill person"-- 13 omit. 14

302 Mental Health SCHEDULE 1 (continued) ORESTRY ACT 1959 1 �F 1. Section 22I(a)-- 2 omit. 3 GAMING MACHINE ACT 1991 4 � 1. Section 17(1)(c)-- 5 omit. 6 2. Section 17(2)(a)(ii), from `bankruptcy; and'-- 7 omit, insert-- 8 `bankruptcy; or 9 (iii) becomes mentally or physically incapable of satisfactorily 10 performing the commissioner's duties; and'. 11 RAIN RESEARCH FOUNDATION ACT 1976 12 �G 1. Section 10(1)(a), from `or becomes' to `1974'-- 13 omit. 14

303 Mental Health SCHEDULE 1 (continued) UARDIANSHIP AND ADMINISTRATION ACT 2000 1 �G 1. Section 222, definition "consumer"-- 2 omit, insert-- 3 "consumer" means-- 4 (a) for a visitable site that is an authorised mental health service under 5 the Mental Health Act 2000--any person who lives or receives 6 services at the visitable site; or 7 (b) for another visitable site--an adult-- 8 (i) with impaired capacity for a personal matter or a financial 9 matter or with a mental or intellectual impairment; and 10 (ii) who lives or receives services at the visitable site. 11 2. Section 230(4)-- 12 insert-- 13 `(d) the director of mental health appointed under the Mental Health 14 Act 2000.'. 15 HEALTH ACT 1937 16 � 1. Section 100B, definition "psychiatric hospital"-- 17 omit. 18 2. Section 100C, `psychiatric hospital,'-- 19 omit. 20

304 Mental Health SCHEDULE 1 (continued) HOSPITALS FOUNDATIONS ACT 1982 1 � 1. Section 26(c)-- 2 omit. 3 INTEGRATED RESORT DEVELOPMENT ACT 1987 4 � 1. Sections 124(1)(h) and 159(1)(h), from `or becomes' to `1974'-- 5 omit. 6 USTICES OF THE PEACE AND COMMISSIONERS 7 �J FOR DECLARATIONS ACT 1991 8 1. Section 17(c)-- 9 omit. 10 JUVENILE JUSTICE ACT 1992 11 � 1. Section 48-- 12 omit, insert-- 13 `Application of Mental Health Act 2000 14 `48. The Mental Health Act 2000 applies to a child charged with an 15 offence as it applies to an adult.'. 16

305 Mental Health SCHEDULE 1 (continued) 2. After section 203-- 1 insert-- 2 `Authorisations for Mental Health Act 2000 3 `203A.(1) The chief executive may, by signed writing, authorise a 4 member of staff of a detention centre to exercise powers of a detention 5 centre officer under the Mental Health Act 2000. 6 `(2) However, the chief executive may authorise a staff member only if, 7 in the chief executive's opinion, the staff member has the necessary 8 expertise or experience to exercise the powers.'. 9 LAW REFORM COMMISSION ACT 1968 10 � 1. Section 7(1)(a)(i), `inability or'-- 11 omit. 12 2. Section 7(1)(a)-- 13 insert-- 14 `(iv) because the member becomes mentally or physically 15 incapable of performing the duties of office; or'. 16 3. Section 7(1)(c)-- 17 omit. 18

306 Mental Health SCHEDULE 1 (continued) EGISLATIVE STANDARDS ACT 1992 1 �L 1. Section 19(a)-- 2 omit, insert-- 3 `(a) becomes mentally or physically incapable of satisfactorily 4 performing the duties of office; or'. 5 LIMITATION OF ACTIONS ACT 1974 6 � 1. Section 5(3)(a)-- 7 omit, insert-- 8 `(a) while the person is an involuntary patient under the Mental Health 9 Act 2000;'. 10 2. Section 5(3)(c)-- 11 omit. 12 MEDICAL ACT 1939 13 � 1. Section 4, definition "mentally ill"-- 14 omit. 15 2. Section 9(a), `, or becomes mentally ill'-- 16 omit. 17

307 Mental Health SCHEDULE 1 (continued) NATIONAL TRUST OF QUEENSLAND ACT 1963 1 � 1. Section 9(d)-- 2 omit. 3 2. Section 10(a), from `or becomes' to `1974)'-- 4 omit. 5 3. Section 10-- 6 insert-- 7 `(2) Also, a councillor's office becomes vacant if the councillor is 8 removed from office because the councillor becomes mentally or physically 9 incapable of satisfactorily performing the councillor's duties. 10 `(3) A councillor may be removed under subsection (2) only by-- 11 (a) for an elected councillor--the National Trust; or 12 (b) for an appointed councillor--the entity that appointed the 13 councillor.'. 14 NEWSTEAD HOUSE TRUST ACT 1939 15 � 1. Section 3(6), from `, or becomes' to `1974'-- 16 omit. 17

308 Mental Health SCHEDULE 1 (continued) ENALTIES AND SENTENCES ACT 1992 1 �P 1. Section 163(3)(a)-- 2 omit, insert-- 3 `(a) that the Mental Health Act 2000, chapter 7, part 6,157 does not 4 apply; and'. 5 POLICE POWERS AND RESPONSIBILITIES ACT 6 � 2000 7 1. Section 10(1)-- 8 insert-- 9 `Example-- 10 A police officer who has entered a place under section 300158 may, under 11 the Mental Health Act 2000, section 34, take a person to an authorised 12 mental health service under that Act if the circumstances mentioned in 13 section 33 of that Act apply.159'. 14 157 Mental Health Act 2000, chapter 7 (Examinations, references and orders for persons charged with offences), part 6 (Inquiries on references to Mental Health Court) 158 Section 300 (Entry of place to prevent offence, injury or domestic violence) 159 The Mental Health Act 2000, sections 33 and 34, are in chapter 2 (Involuntary assessment), part 3 (Procedures leading to involuntary assessment), division 3 (Emergency examination orders), subdivision 1 (Emergency examination orders by police officers and ambulance officers)

309 Mental Health SCHEDULE 1 (continued) 2. Schedule 1, `Mental Health Act 1974'-- 1 omit, insert-- 2 `Mental Health Act 2000'. 3 POWERS OF ATTORNEY ACT 1998 4 � 1. Section 38(1), `a person liable to be detained under the Mental 5 Health Act 1974'-- 6 omit, insert-- 7 `an involuntary patient under the Mental Health Act 2000'. 8 2. Section 38(2), `Mental Health Act 1974'-- 9 omit, insert-- 10 `Mental Health Act 2000'. 11 PUBLIC SERVICE ACT 1996 12 � 1. Section 109(3)-- 13 insert-- 14 `(eb)a member of the Mental Health Review Tribunal appointed under 15 the Mental Health Act 2000;' 16

310 Mental Health SCHEDULE 1 (continued) 2. Schedule 1, after item 10-- 1 insert-- 2 `10A Mental Health Review President of the Tribunal under the Mental tribunal'. Health Act 2000 UEENSLAND BUILDING SERVICES AUTHORITY 3 �Q ACT 1991 4 1. Section 48(g)-- 5 omit. 6 QUEENSLAND HERITAGE ACT 1992 7 � 1. Section 11(2)(f)-- 8 omit. 9 UEENSLAND INSTITUTE OF MEDICAL 10 �Q RESEARCH ACT 1945 11 1. Section 8D(e)-- 12 omit. 13

311 Mental Health SCHEDULE 1 (continued) ACING AND BETTING ACT 1980 1 �R 1. Sections 11G(1)(c), 42(f), 83(f) and 115D(c)-- 2 omit. 3 RACING VENUES DEVELOPMENT ACT 1982 4 � 1. Section 7(c)-- 5 omit. 6 REGISTRATION OF BIRTHS, DEATHS AND 7 � MARRIAGES ACT 1962 8 1. Section 5(1), definition "public institution", from `, hospital' to 9 `received'-- 10 omit, insert-- 11 `or hospital'. 12 ANCTUARY COVE RESORT ACT 1985 13 �S 1. Sections 42(1)(i) and 86(1)(i), from `or becomes' to `1974'-- 14 omit. 15

312 Mental Health SCHEDULE 1 (continued) SECURITY PROVIDERS ACT 1993 1 � 1. Section 11(4)(d)-- 2 omit. 3 SOUTH BANK CORPORATION ACT 1989 4 � 1. Schedule 7, section 43(1)(i), from `or becomes' to `1974'-- 5 omit. 6 TATE DEVELOPMENT AND PUBLIC WORKS 7 �S ORGANISATION ACT 1971 8 1. Section 10(1)(f), from `is a' to `or'-- 9 omit. 10 2. Section 72(1)(e)-- 11 omit. 12

313 Mental Health SCHEDULE 1 (continued) UCCESSION ACT 1981 1 �S 1. Section 41(7), from `next friend' to `1974) in'-- 2 omit, insert-- 3 `litigation guardian of a person under a legal incapacity in'. 4 UPREME COURT OF QUEENSLAND ACT 1991 5 �S 1. Section 118(1)(c), `Tribunal'-- 6 omit, insert-- 7 `Court'. 8 ORRES STRAIT ISLANDER LAND ACT 1991 9 �T 1. Section 95(1)(a)-- 10 omit, insert-- 11 `(a) becomes mentally or physically incapable of satisfactorily 12 performing the member's duties; or'. 13 RANSPLANTATION AND ANATOMY ACT 1979 14 �T 1. Section 4(1), definition "hospital", paragraph (b)-- 15 omit. 16

314 Mental Health SCHEDULE 1 (continued) TRUSTS ACT 1973 1 � 1. Section 6(1)(a), `patient (within the meaning of the Mental Health 2 Act 1974)'-- 3 omit, insert-- 4 `mentally ill person'. 5 2. Section 6(1)(a), `patients (within the meaning of the Mental Health 6 Act 1974)'-- 7 omit, insert-- 8 `mentally ill persons'. 9 ETERINARY SURGEONS ACT 1936 10 �V 1. Section 7(a), from `or becomes' to `1974'-- 11 omit. 12 2. Section 15C(1)(b)-- 13 omit. 14 3. Section 18(3)-- 15 omit, insert-- 16 `(3) The board may refuse an application for registration as a veterinary 17 surgeon if the board is satisfied the applicant is not medically fit to practise 18 veterinary surgery.'. 19

315 Mental Health SCHEDULE 1 (continued) WATER RESOURCES ACT 1989 1 � 1. Section 141(a)-- 2 omit. 3 2. Section 142(3)(c)-- 4 omit. 5 6

316 Mental Health SCHEDULE 2 1 � DICTIONARY 2 section 10 3 "administrator", of an authorised mental health service or a high security 4 unit part of an authorised mental health service, means the person 5 declared, under section 497, to be the administrator for the health 6 service or unit. 7 "adult guardian" means the Adult Guardian appointed under the 8 Guardianship and Administration Act 2000. 9 "agreement for assessment" see section 49(b). 10 "allied person", for an involuntary patient, means the person chosen under 11 chapter 9, part 1, to be the patient's allied person for this Act. 12 "ambulance officer" means an ambulance officer appointed under the 13 Ambulance Service Act 1991, section 13. 14 "application documents", for a justices examination order, means the 15 application for the order and any document filed or given with the 16 application. 17 "appointed person", for chapter 11, part 9, see section 429. 18 "appropriately qualified", for a person to whom a power under this Act 19 may be delegated, includes having the qualifications, experience or 20 standing appropriate to exercise the power. 21 22 Example of `standing'-- 23 A person's classification level in the public service. "approved form" means a form approved under section 421, 481 or 493. 24 "approved officer" means a person appointed as an approved officer under 25 section 500, and includes the director. 26 "assessment", of a person, means an assessment of the person under-- 27 (a) chapter 2, part 4; or 28

317 Mental Health SCHEDULE 2 (continued) (b) chapter 3, part 4; or 1 (c) section 116. 2 "assessment criteria" see section 13. 3 "assessment documents" for-- 4 (a) chapter 2--see section 16; or 5 (b) chapter 3--see section 49. 6 "assessment period" means-- 7 (a) initially, a period of not longer than 24 hours; or 8 (b) if that period is extended or further extended under section 47, the 9 extended period. 10 "assisting psychiatrist" see section 390. 11 "attendance notice" see section 466. 12 "audiovisual link facilities" means facilities, including closed-circuit 13 television, that enable reasonably contemporaneous and continuous 14 audio and visual communication between persons at different places. 15 "authorised doctor", for an authorised mental health service, means a 16 doctor who, under section 504, is or holds appointment as an 17 authorised doctor for the health service. 18 "authorised mental health practitioner" means a health practitioner 19 appointed as an authorised mental health practitioner under section 499. 20 "authorised mental health service"-- 21 (a) generally--means a mental health service declared under 22 section 495 to be an authorised mental health service; or 23 (b) for chapter 2--see section 15. 24 "authorised officer", for a high security unit, means-- 25 (a) a health practitioner providing mental health services at the unit; or 26 (b) a security officer for the unit. 27 "authorised person" for-- 28

318 Mental Health SCHEDULE 2 (continued) (a) chapter 10--see section 348; 1 (b) chapter 14, part 2--see section 510. 2 "authorised psychiatrist" means a psychiatrist who is an authorised 3 doctor for an authorised mental health service. 4 "brief of evidence" means-- 5 (a) a brief of evidence compiled by the commissioner of the police 6 service or director of public prosecutions that includes any of the 7 following-- 8 (i) an indictment or bench charge sheets; 9 (ii) summaries or particulars of allegations; 10 (iii) witness statements; 11 (iv) exhibits; 12 (v) transcripts of proceedings; 13 (vi) a record of interview or transcript of a record of interview; 14 (vii) a person's criminal history; or 15 (b) an expert's report or medical record. 16 "capacity", for a person, means the person is capable of-- 17 (a) understanding the nature and effect of decisions about the 18 person's assessment, treatment or choosing of an allied person; 19 and 20 (b) freely and voluntarily making decisions about the person's 21 assessment, treatment or choosing of an allied person; and 22 (c) communicating the decisions in some way. 23 "care" includes the provision of rehabilitation, support and other services. 24 "carer", of a patient, means a person who-- 25 (a) provides domestic services and support to the patient; or 26 (b) arranges for the patient to be provided with domestic services and 27 support. 28

319 Mental Health SCHEDULE 2 (continued) "category", of an involuntary treatment order, means in-patient category or 1 community category decided under section 109. 2 "charge", for an indictable offence, includes committed for trial or sentence 3 for the offence. 4 "chief executive for families" means the chief executive of the department 5 for whom a representative may, under the Childrens Court Act 1992, 6 section 20, be present at a proceeding before the Childrens Court in 7 relation to a child. 8 "chief executive for justice" means the chief executive of the department in 9 which the Criminal Code is administered. 10 "child" see Juvenile Justice Act 1992, section 5.160 11 "classified patient" means a person who, under section 69, is a classified 12 patient. 13 "close friend", of a person, means a person with whom the first person has 14 a close relationship. 15 "complaint" includes information and charge. 16 "confidentiality order", for-- 17 (a) the Mental Health Court--see section 426(1); or 18 (b) the tribunal--see section 458. 19 "constituting judge", of the Mental Health Court, means the Supreme 20 Court judge constituting the court. 21 "correctionalofficer" means a community correctional officer or custodial 22 correctional officer under the Corrective Services (Administration) 23 Act 1988. 24 "corresponding law" means a law of another State that is declared under a 25 regulation to be a corresponding law for this Act. 26 160 Under the Juvenile Justice Act 1992, section 5, "child" is defined as follows-- "child" means-- (a) a person who has not turned 17 years; or (b) after a day fixed under section 6--a person who has not turned 18 years.

320 Mental Health SCHEDULE 2 (continued) "court" includes justices conducting committal proceedings. 1 "court assessment order" see section 58. 2 "court examination order" see section 422(1). 3 "court rule" means a rule made under section 419. 4 "criminal history", of a person, means the person's criminal history within 5 the meaning of the Criminal Law (Rehabilitation of Offenders) 6 Act 1986 and-- 7 (a) despite sections 6, 8 and 9 of that Act, includes a conviction of the 8 person to which any of the sections applies; and 9 (b) despite section 5 of that Act, includes a charge made against the 10 person for an offence. 11 "custodian", for a person in lawful custody, means the person having the 12 custody of the person. 13 "custodian's assessment authority" see section 65(1). 14 "custody order" see section 299(b)(ii). 15 "de facto spouse" means either 1 of 2 people, whether of the same or 16 opposite sex, who are living together as a couple on a genuine 17 domestic basis in a relationship based on intimacy, trust and personal 18 commitment to each other. 19 "detention centre" means a detention centre established under the Juvenile 20 Justice Act 1992. 21 "detention centre officer" means a person authorised under the Juvenile 22 Justice Act 1992, section 203A, to exercise powers of a detention 23 centre officer under this Act. 24

321 Mental Health SCHEDULE 2 (continued) "diminished responsibility" means the state of abnormality of mind 1 described in the Criminal Code, section 304A.161 2 "director" means the Director of Mental Health appointed under this Act. 3 "director of public prosecutions" means the Director of Public 4 Prosecutions appointed under the Director of Public Prosecutions Act 5 1984. 6 "electroconvulsive therapy" means the application of electric current to 7 specific areas of the head to produce a generalised seizure that is 8 modified by general anaesthesia and the administration of a muscle 9 relaxing agent. 10 "emergency examination order" means-- 11 (a) an emergency examination order (police or ambulance officer); or 12 (b) an emergency examination order (psychiatrist). 13 "emergency examination order (police or ambulance officer)" see 14 section 35(1). 15 "emergency examination order (psychiatrist)" see section 38(1). 16 "entry", of a person to a high security unit, includes re-entry to the unit. 17 "examination order" means a justices or emergency examination order. 18 "examination time" see sections 36(1) and 40(1). 19 "examining practitioner" see section 422(1). 20 "executive officer" means the executive officer of the tribunal. 21 161 The state of mind is described in the Criminal Code, section 304A(1), as follows-- `When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, is at the time of doing the act or making the omission which causes death in such a state of abnormality of mind (whether arising from a condition of arrested or retarded development of mind or inherent causes or induced by disease or injury) as substantially to impair the person's capacity to understand what the person is doing, or the person's capacity to control the person's actions, or the person's capacity to know that the person ought not to do the act or make the omission, the person is guilty of manslaughter only.'.

322 Mental Health SCHEDULE 2 (continued) "fit for trial", for a person, means fit to plead at the person's trial and to 1 instruct counsel and endure the person's trial, with serious adverse 2 consequences to the person's mental condition unlikely. 3 "force", for taking a person to an authorised mental health service, includes 4 the use of physical restraint. 5 "forensic order" means-- 6 (a) a forensic order (Criminal Code); or 7 (b) a forensic order (Mental Health Court); or 8 (c) a forensic order (Minister). 9 "forensic order (Criminal Code)" see section 299(b)(i). 10 "forensic order (Mental Health Court)" see section 288(2) and (4). 11 "forensic order (Minister)" see section 302(2). 12 "forensic patient" means a person who is, or is liable to be, detained in an 13 authorised mental health service under a forensic order. 14 "guardian" means a person who is recognised in law as having all the 15 duties, powers, responsibilities and authority that, by law, parents have 16 in relation to their children. 17 "harmful thing" means anything-- 18 (a) that may be used to-- 19 (i) threaten the security or good order of an authorised mental 20 health service; or 21 (ii) threaten a person's health or safety; or 22 (b) that, if used by a patient in an authorised mental health service, is 23 likely to adversely affect the patient's treatment. 24 25 Examples of harmful things-- 26 1. A gun or replica of a gun. 27 2. A dangerous drug. 28 3. Alcohol. 29 4. Medication.

323 Mental Health SCHEDULE 2 (continued) "health practitioner" means-- 1 (a) a doctor, registered nurse, occupational therapist or psychologist 2 or a social worker engaged in providing health services; or 3 (b) another person with the training or qualifications in mental health 4 prescribed under a regulation. 5 "health service" means a service for maintaining, improving and restoring 6 people's health and wellbeing, and includes a community health 7 facility. 8 "health service employee", for an authorised mental health service, 9 means-- 10 (a) a health practitioner employed at the health service; or 11 (b) a person employed at the health service to perform administrative 12 functions relating to the assessment or treatment of persons who 13 have mental illnesses. 14 "hearing", means-- 15 (a) for the tribunal-- 16 (i) the hearing for a review, treatment application or application 17 for a notification order; or 18 (ii) the hearing of an application for approval for a patient to 19 move out of Queensland; or 20 (ii) the hearing of an appeal against a decision to exclude a 21 visitor from an authorised mental health service; or 22 (b) for the Mental Health Court-- 23 (i) the hearing of an appeal against a review decision or a 24 treatment application; or 25 (ii) the hearing of a reference or withdrawal of a reference. 26 "high security unit" means a public sector mental health service, or part of 27 a public sector mental health service, declared under section 496 to be a 28 high security unit. 29 "informed consent" means consent under chapter 4, part 3, division 1. 30

324 Mental Health SCHEDULE 2 (continued) "inspect", a thing, includes open the thing and examine its contents. 1 "interstate agreement" means an agreement under section 176. 2 "interstate authority", for an interstate mental health service, means a 3 person performing a similar or corresponding function to the 4 administrator of an authorised mental health service. 5 "interstate mental health service" means a health service in which a 6 person in a participating State may be detained under a corresponding 7 law of that State. 8 "interstate order", means an order under a corresponding law of another 9 State that is declared under a regulation to be an interstate order for this 10 Act. 11 "involuntary patient" means a person-- 12 (a) who is, or is liable to be, detained, under chapter 2, part 4, in an 13 authorised mental health service for assessment; or 14 (b) for whom an involuntary treatment order is in force; or 15 (c) who is a classified or forensic patient. 16 "involuntary treatment order" see section 108(1). 17 "justice of the peace (qualified)" means a justice of the peace (qualified) 18 under the Justices of the Peace and Commissioners for Declarations 19 Act 1991. 20 "justices examination order" see section 27(1). 21 "less restrictive", for assessment or treatment of an involuntary patient, 22 means assessment or treatment of the level that-- 23 (a) maximises the opportunity for positive outcomes; and 24 (b) ensures the protection of the patient and the community; and 25 (c) having regard to paragraphs (a) and (b), imposes the minimum 26 limits on the freedom of the patient. 27 "limited community treatment", for a patient, means undertaking some 28 treatment or rehabilitation in the community other than under the 29 community category of an involuntary treatment order. 30

325 Mental Health SCHEDULE 2 (continued) "mechanical restraint", for chapter 4, part 3, division 3, see section 141. 1 "member" means a member of the tribunal, and includes the president. 2 "Mental Health Court" means the Mental Health Court established under 3 section 381(1). 4 "mental illness" see section 12. 5 "notification order" see section 221(1). 6 "obstruct" includes hinder, resist and attempt to obstruct. 7 "occupational therapist" means an occupational therapist under the 8 Occupational Therapists Act 1979. 9 "occupier", of place, includes the person apparently in charge of the place. 10 "offence" for-- 11 (a) chapter 3, part 2, division 2--see section 60; or 12 (b) chapter 7--see section 235. 13 "parole" means parole under the Corrective Services Act 1988, part 4, and 14 for a child includes release under a fixed release order under the 15 Juvenile Justice Act 1992, section 189. 16 "participating State" means a State-- 17 (a) in which a corresponding law is in force; and 18 (b) with which an interstate agreement is in force. 19 "party" means-- 20 (a) for an appeal to the tribunal against a decision of the administrator 21 of an authorised mental health service under chapter 10, part 4162 22 to refuse to allow a person to visit a patient in the health 23 service--the appellant or the administrator of the health service; or 24 (b) for another proceeding in the tribunal--a person who, under 25 chapter 12, part 4, has a right to appear in person at the hearing of 26 the proceeding, regardless of whether the person appears or is 27 162 Chapter 10 (Security of authorised mental health services), part 4 (Exclusion of visitors)

326 Mental Health SCHEDULE 2 (continued) represented at the hearing; or 1 (c) for a proceeding in the Mental Health Court on an appeal against a 2 review decision, a decision on a treatment application or a 3 decision on an application under chapter 5, part 1, division 3, for 4 approval that a patient move out of Queensland-- 5 (i) a party to the proceeding in the tribunal for the review or 6 application; or 7 (ii) the director, if the director is the appellant or elects to become 8 a party to the proceeding; or 9 (d) for a proceeding in the Mental Health Court on a reference-- 10 (i) the person the subject of the reference; or 11 (ii) the director; or 12 (iii) director of public prosecutions; or 13 (e) for a proceeding in the Mental Health Court on an application to 14 withdraw a reference--the parties to the proceeding for the 15 reference; or 16 (f) for a proceeding in the Mental Health Court on an application to 17 inquire into a patient's detention in an authorised mental health 18 service-- 19 (i) the patient; or 20 (ii) the applicant; or 21 (iii) the director. 22 "patient"-- 23 (a) for chapter 10, part 3--see section 351; or 24 (b) for chapter 14, part 2--see section 510; or 25 (c) for chapter 14, part 6--see section 531; or 26 (d) elsewhere--means-- 27 (i) an involuntary patient; or 28 (ii) a person detained or liable to be detained in an authorised 29

327 Mental Health SCHEDULE 2 (continued) mental health service under a court order under 1 section 101(2), 273(1)(b) or 337(5).163 2 "personal attorney" means an attorney for a personal matter under the 3 Powers of Attorney Act 1998. 4 "personal guardian" means a guardian for a personal matter under the 5 Guardianship and Administration Act 2000. 6 "person in lawful custody" means-- 7 (a) a person who is detained in lawful custody on a charge of an 8 offence or awaiting sentence on conviction of an offence; or 9 (b) a person who is serving a sentence of imprisonment or detention 10 for a period under a court order and is not released on parole. 11 "place" includes the following-- 12 (a) vacant land; 13 (b) premises; 14 (c) a vehicle; 15 (d) a boat; 16 (e) an aircraft. 17 "postal article" includes a postal article carried by a courier service. 18 "premises" includes the following-- 19 (a) a building or structure of any kind; 20 (b) part of a building or structure of any kind; 21 (c) the land on which a building or structure is situated. 22 "president" means the president of the tribunal. 23 "presiding member", for a tribunal hearing, means the tribunal member 24 who, under section 449 is the presiding member of the tribunal for the 25 hearing. 26 163 Sections 101 (Court may order person's detention in authorised mental health service, 273 (Orders about custody) and 337 (Appeal powers)

328 Mental Health SCHEDULE 2 (continued) "proceeding" means-- 1 (a) for a provision relating to the Mental Health Court--a proceeding 2 in the court; or 3 (b) for a provision relating to the Patient Review Tribunal--a 4 proceeding in the tribunal. 5 "psychiatrist" means a specialist registered under the Medical Act 1939 for 6 the speciality psychiatry. 7 "psychologist" means a psychologist under the Psychologists Act 1977. 8 "psychosurgery" means a neurosurgical procedure to diagnose or treat a 9 mental illness, but does not include a surgical procedure for treating 10 epilepsy, Parkinson's disease or another neurological disorder. 11 "public place" means any place the public is entitled to use or is open to, or 12 used by, the public (whether or not on payment of an admission fee). 13 "public sector health service" see Health Services Act 1991, section 2.164 14 "public sector hospital" see Health Services Act 1991, section 2.165 15 "public sector mental health service" means an authorised mental health 16 service that is a public sector health service. 17 "publish" means publish to the public by way of television, newspaper, 18 radio, the Internet or other form of communication. 19 "reasonably believes" means believes on grounds that are reasonable in the 20 circumstances. 21 "reasonably satisfied" means satisfied on grounds that are reasonable in 22 the circumstances. 23 164 Under the Health Services Act 1991, section 2, "public sector health service" is defined as follows-- "public sector health service" means a health service provided by the State, and includes a health service declared under a regulation to be a public sector health service, but does not include a health service declared under a regulation not to be a public sector health service. 165 Under the Health Services Act 1991, section 2, "public sector hospital" is defined as follows-- "public sector hospital" means a hospital operated by the State.

329 Mental Health SCHEDULE 2 (continued) "reasonably suspects" means suspects on grounds that are reasonable in 1 the circumstances. 2 "recommendation for assessment" for-- 3 (a) chapter 2--see section 16(b); or 4 (b) chapter 3--see section 49(a). 5 "reference" means a reference, under section 62, 240, 247 or 257, to the 6 Mental Health Court of a person's mental condition relating to an 7 offence. 8 "registered nurse" means a registered nurse under the Nursing Act 1992. 9 "registrar" means the registrar of the Mental Health Court. 10 "registry" means the Mental Health Court Registry. 11 "relative", of a person, means-- 12 (a) the person's spouse; or 13 (b) a child, grandchild, parent, brother, sister, grandparent, aunt or 14 uncle (whether of whole or half-blood) of the person or the 15 person's spouse. 16 "relevant offence", for chapter 6, part 4, see section 208. 17 "request for assessment" see section 16(a). 18 "review" means a review by the tribunal under chapter 6. 19 "review decision" means a decision on a review. 20 "searcher", for chapter 10, part 3--see section 357(1). 21 "seclusion", for chapter 4, part 3, division 4--see section 148. 22 "section 613 finding" see section 299(a)(i). 23 "section 645 finding" see section 299(a)(ii). 24 "section 647 finding" see section 299(a)(iii). 25 "security officer", for a high security unit, means a person appointed to an 26 office at the unit to provide security services, regardless of how the 27 person's office is described. 28

330 Mental Health SCHEDULE 2 (continued) "seizure provisions", for chapter 10, see section 348. 1 "senior registered nurse on duty", for a patient in an in-patient facility of 2 an authorised mental health service, means the senior registered nurse 3 on duty in the ward in which the patient is being treated. 4 "spouse" includes a de facto spouse. 5 "statement of rights" see section 344(1). 6 "treating health service", for a patient, means-- 7 (a) the authorised mental health service stated in-- 8 (i) the involuntary treatment order for the patient; or 9 (ii) the court assessment order or custodian's authority for 10 assessment for the patient; or 11 (iii) the forensic order for the patient; or 12 (iv) the court order for the patient under section 101(2), 13 273(1)(b) or 337(5);166 or 14 (vi) if a court examination order is in force for the patient--the 15 order; or 16 (b) another authorised mental health service to which the patient is 17 transferred. 18 "treatment", of a person who has a mental illness, means anything done, 19 or to be done, with the intention of having a therapeutic effect on the 20 person's illness. 21 "treatment application" means an application under chapter 6, part 6, for 22 approval for treatment of a person. 23 "treatment criteria" see section 14. 24 "treatment plan", for an involuntary patient, means the treatment plan 25 prepared under chapter 4, part 2, for the patient. 26 166 Sections 101 (Court may order person's detention in authorised mental health service, 273 (Orders about custody) and 337 (Appeal powers)

331 Mental Health SCHEDULE 2 (continued) "tribunal" means the Mental Health Review Tribunal established under 1 section 436(1). 2 "tribunal rule" means a rule made under section 479. 3 "unlawfully" means without authority under this Act or other legal 4 authority, justification or excuse. 5 "unsound mind" means the state of mental disease or natural mental 6 infirmity described in the Criminal Code, section 27167 , but does not 7 include a state of mind resulting, to any extent, from intentional 8 intoxication or stupefaction alone or in combination with some other 9 agent at or about the time of the alleged offence. 10 "young patient" means an involuntary patient who is under 17 years. 11 "young person" means an individual who is under 17 years. 12 "visitor" means a person who-- 13 (a) is visiting a high security unit or a patient in a high security unit; 14 or 15 (b) seeks entry to a high security unit. 16 17 167 The Criminal Code, section 27, provides as follows-- Insanity 27.(1) A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission the person is in such a state of mental disease or natural mental infirmity as to deprive the person of capacity to understand what the person is doing, or of capacity to control the person's actions, or of capacity to know that the person ought not to do the act or make the omission. (2) A person whose mind, at the time of the person's doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of subsection (1), is criminally responsible for the act or omission to the same extent as if the real state of things had been such as the person was induced by the delusions to believe to exist.

332 Mental Health TTACHMENT 1 �A section 7 2 Abbreviations used in the flowcharts in this attachment-- 3 AMHP = Authorised Mental Health Practitioner 4 AMHS = Authorised Mental Health Service 5 DMH = Director of Mental Health 6 ITO = Involuntary Treatment Order 7 MHC = Mental Health Court 8 MHRT = Mental Health Review Tribunal 9 10

333 Mental Health ATTACHMENT (continued) Involuntary assessment of a person--chapter 2 *The assessment documents are a request and recommendation Are for assessment (pt 1). Section 13 assessment sets out the assessment criteria. documents Yes No * made? (s 16) Person may be Urgent circumstances Non-urgent taken to an circumstances AMHS (s 25) Justices Emergency examination examination order order by police or (ss 27 & 28) ambulance officer or Assessment psychiatrist process starts (s 35 or 38) (pt 3) Person taken to AMHS Person examined by Person examined by doctor or AMHP doctor or AMHP (s 30) (s 36 or 40) Detention for assessment is for 24 hours, but may be extended to a maximum of 72 hours (ss 44 & 47) Are Are assessment assessment No Yes Yes documents documents * made? * made? (s 16) (s 16) Assessment Assessment Person taken to may be carried process starts AMHS (s 25) out only with (pt 3) the person's agreement Assessment process starts (pt 3) 1

334 Mental Health ATTACHMENT (continued) Detention as a classified patient--chapter 3 Assessment documents* made for person before a court or in custody Assessment at AMHS as classified patient (s 71) Is patient already under Yes ITO or forensic order? No Is Consent to Involuntary involuntary ITO No Yes treatment treatment treatment (s 108) (s 71(4)) required? Regular assessment (s 73) Classified status ends: Return to court Attorney- Mental Health End of Other or custody General Court sentence or (Bail granted (Patient no longer (ch 7, pt 3) (ch 7, pt 6) parole or prosecution needs to be (pt 6) discontinued) detained as a (ss 78 & 253) ** See Involuntary patient classified patient) charged with an offence (pt 5) * The assessment documents for chapter 3 (s 49) are: (a) Court assessment order (pt 2) or custodian's assessment authority (pt 3) (b) Recommendation for assessment (pt 1) (c) Agreement for assessment (pt 1) 1

335 Mental Health ATTACHMENT (continued) Involuntary treatment--chapter 4 Person no longer Are an involuntary treatment criteria for patient (Can only No patient met? be treated with (s 14) consent) Yes Authorised doctor makes an ITO* (s 108) Is in- Community category In-patient category patient - person may be - person may be treatment No Yes treated in the treated in the needed? community AMHS (s 109) Category may be changed by doctor (s 119) Regular assessment by authorised psychiatrist (s 116) and review by MHRT (ch 6, pt 1) Person no longer Person Are an involuntary continues to treatment criteria still patient (Can only be an No Yes met? be treated with involuntary (s 14) consent) patient * If the authorised doctor who makes the ITO is not a psychiatrist, an authorised psychiatrist must examine the person within 3 days. If the psychiatrist is not satisfied the person meets the treatment criteria, the person ceases to be an involuntary patient (s 112). 1

336 Mental Health ATTACHMENT (continued) Hearings of reviews by Mental Health Review Tribunal--chapter 6 MHRT notified within 7 days of ITO made (s113) Review within 6 weeks of an Review on an Review on initiative of ITO being made and then application MHRT (s 187(3)) every 6 months (s 187(1)(a)) (s 187(1)(b)) Is Person can only ITO involuntary No be treated with revoked treatment consent (s 191(1)) required? MHRT orders that the Is category category of the order be No appropriate? changed (s 191(2)(a)) Is patient MHRT orders that the treated at patient be transferred to No appropriate another AMHS (s 191(2)(c)) AMHS? If category is in-patient Can patient MHRT orders limited undertake limited community treatment for Yes community a patient (s 191(2)(b)) treatment? 1

337 Mental Health ATTACHMENT (continued) Involuntary patient charged with an offence--chapter 7 Patient under an ITO or forensic order charged with an offence Examination and report by psychiatrist (s 238) Under s 257, DMH may make a reference for a person no longer under an ITO or forensic order if patient agrees or DMH satisfied person does not have capacity to agree Reference by DMH Reference by DMH to Attorney-General to Mental Health (s 240) Court (s 240) Proceedings Proceedings Reference Proceedings Proceedings Proceedings for offence for offence to MHC for offence for offence for offence continue discontinued (ss 247(1)(c) continue further discontinued (ss 247(1)(a) (ss 247(1)(b) & 249) (s 272) stayed (ss 281-83) & 250) & 251) (s 280) ** See Inquiry on Inquiry by reference to MHC MHC (pt 6) NB Part 2 ceases to apply if ITO revoked (ss 121, 122 & 191) or patient ceases to be forensic patient (ss 207 & 219). In this case, proceedings for offence continue (s 245) unless prosecution discontinued (s 244(b)). 1

338 Mental Health ATTACHMENT (continued) Inquiry on reference Mental Health Court--chapter 7, part 6 Reference of person's mental condition to Mental Health Court (ss 62, 240, 247 & 257) An application may be made to the Mental Health Court to withdraw the reference (s 261) Not of unsound Dispute of facts Not fit for trial Unsound mind (s 267) mind (s 267) and fit for trial (s 270) but not or permanently unfit and fit for trial (ss 267-70) permanently for trial (s 271) (s 270) (s 271) Forensic order Forensic order (s 288) (s 288) Proceedings for Proceedings for Proceedings for offence continue offence further offence (s 272) stayed (s 280) discontinued (ss 281-83) Regular review of fitness by MHRT (ch 6, pt 4) Does the person No Yes remain unfit?* * When proceedings are discontinued if person remains unfit for trial-- � after 7 years if charged with an offence with a maximum sentence of life imprisonment; or � after 3 years in any other case. 1

339 Mental Health � State of Queensland 2000

[Index] [Search] [Download] [Related Items] [Help]