MENTAL HEALTH ACT 2016

Queensland Consolidated Acts

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- As at 1 July 2024
- Act 5 of 2016

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement
3. Main objects of Act
4. Act binds all persons

PART 2 - PRINCIPLES FOR ADMINISTRATION OF ACT

5. Principles for persons with mental illness
6. Principles for victims and others
7. Regard to principles
8. Application to person with intellectual disability

PART 3 - INTERPRETATION

9. Definitions
10. Meaning of mental illness
11. Meaning of involuntary patient
12. Meaning of treatment criteria
13. Meaning of less restrictive way
14. Meaning of capacity to consent to be treated
14A. Territory of Norfolk Island taken to be a State
15. Responsibility for involuntary patient or forensic disability client
16. Purpose of limited community treatment

PART 4 - OVERVIEW OF ACT

17. Purpose of pt 4
18. Treatment authorities
19. Persons in custody
20. Psychiatrist reports
21. Mental Health Court
22. Magistrates Courts
23. Treatment and care of patients
24. Mechanical restraint, seclusion, physical restraint and other practices
25. Rights of patients
26. Chief psychiatrist
27. Information notices
28. Mental Health Review Tribunal
29. Appeals

CHAPTER 2 - MAKING OF TREATMENT AUTHORITIES AFTER EXAMINATION AND ASSESSMENT

PART 1 - PRELIMINARY

30. Purpose of ch 2

PART 2 - EXAMINATIONS AND RECOMMENDATIONS FOR ASSESSMENT

Division 1 - Examinations generally

31. Examination

Division 2 - Powers under examination authorities

32. Powers of doctor or authorised mental health practitioner
33. Reasonable help and force to exercise powers
34. Asking police officer for help
35. Action before exercising powers

Division 3 - Detention of particular persons to make recommendation for assessment

36. Powers of doctor or authorised mental health practitioner
37. Reasonable help and force to exercise powers
38. Action before exercising powers

Division 4 - Recommendations for assessment

39. Making recommendation for assessment
40. Notice of making
41. Duration
42. Revocation

PART 3 - ASSESSMENTS

43. Making assessment
44. Where and how person may be assessed
45. Detention for assessment
46. Start of assessment period to be noted
47. Explaining decision not to make treatment authority

PART 4 - TREATMENT AUTHORITIES

48. Application of pt 4
49. Making treatment authority
50. Form of treatment authority
51. Category
52. Limited community treatment
53. Nature and extent of treatment and care
54. When advance health directive not followed
55. Notice of making
56. Review of treatment authority if not made by psychiatrist
57. Decision on review
58. Notice about review
59. Date for first assessment
60. Relationship with forensic order (disability)

CHAPTER 3 - PERSONS IN CUSTODY

PART 1 - PRELIMINARY

61. Purpose of ch 3
62. Definitions for ch 3
63. Meaning of person in custody
64. Meaning of classified patient

PART 2 - TRANSPORT OF PERSONS IN CUSTODY TO AUTHORISED MENTAL HEALTH SERVICES

65. Transport for assessment
66. Transport for treatment and care under treatment authority or particular orders
67. Transport for treatment and care by consent
68. Transfer recommendation
69. Administrator consent
70. Prior approval of chief psychiatrist for transport of minor to high security unit
71. Custodian consent
72. Notice to chief psychiatrist if person in custody not transported within 72 hours
73. Chief psychiatrist consent for transport

PART 3 - PERSONS IN CUSTODY REMAINING IN AUTHORISED MENTAL HEALTH SERVICES

74. Person subject to examination order or court examination order remaining in authorised mental health service

PART 4 - REQUIREMENTS APPLYING WHEN PERSON IN CUSTODY BECOMES CLASSIFIED PATIENT
Note—

75. Explanation to person in custody who becomes classified patient
76. Notice to chief psychiatrist of person in custody becoming classified patient
77. Notice to tribunal of minor in custody becoming classified patient in high security unit
78. Examination of classified patient under s 201
79. Classified patient (involuntary) may become classified patient (voluntary)
80. Notice to chief psychiatrist if classified patient (voluntary) withdraws consent

PART 5 - RETURN TO CUSTODY, OR RELEASE FROM DETENTION IN AUTHORISED MENTAL HEALTH SERVICE, OF CLASSIFIED PATIENT

81. Notice to chief psychiatrist of notice event
82. Chief psychiatrist may decide to return classified patient to place of custody
83. Return of classified patient to custody
84. Person stops being classified patient if Mental Health Court makes decision on reference
85. Release of classified patient

CHAPTER 4 - PSYCHIATRIST REPORTS FOR SERIOUS OFFENCES

PART 1 - PRELIMINARY

86. Purpose of ch 4
87. Definitions for ch 4

PART 2 - PSYCHIATRIST REPORT ON REQUEST

88. Application of pt 2
89. Administrator must explain effect of request
90. Request for psychiatrist report
91. Direction to prepare psychiatrist report

PART 3 - PSYCHIATRIST REPORT ON CHIEF PSYCHIATRIST’S OWN INITIATIVE

92. Application of pt 3
93. Direction to prepare psychiatrist report
94. Notice of direction

PART 4 - PREPARATION OF PSYCHIATRIST REPORTS
Note—

95. Authorised psychiatrist must prepare psychiatrist report
96. Information from prosecuting authority
97. Support person
98. Person must participate in examination in good faith—report on request
99. Person must attend examination—report on chief psychiatrist’s initiative
100. Second psychiatrist report

PART 5 - REFERENCES BY CHIEF PSYCHIATRIST

101. Reference by chief psychiatrist to Mental Health Court

PART 6 - MISCELLANEOUS

102. Copies of reports
103. Chapter stops applying to person if prosecution for offence discontinued
104. Application of chapter to person with intellectual disability

CHAPTER 5 - MENTAL HEALTH COURT REFERENCES
Note—

PART 1 - PRELIMINARY

105. Purpose of ch 5
106. Definitions for ch 5
107. Meaning of associated offence
108. Meaning of diminished responsibility
109. Meaning of unsound mind

PART 2 - MAKING OF REFERENCES BY PARTICULAR PERSONS

110. When reference may be made
111. How reference is made

PART 3 - PROCEEDINGS FOR REFERENCES
Note—

Division 1 - Preliminary

112. Application of pt 3

Division 2 - Notice requirements etc.

113. Notice of reference
114. Parties to proceeding
115. Notice of hearing

Division 3 - Particular decisions

116. Decision about unsoundness of mind and diminished responsibility
117. Substantial dispute about whether person committed offence
117A. Substantial dispute about fact relied on in expert report
118. Decision about fitness for trial

Division 4 - Procedural provisions

119. Unsound mind—discontinuance of proceeding
120. Diminished responsibility—discontinuance of proceeding
121. Temporary unfitness for trial—stay of proceeding
122. Permanent unfitness for trial—discontinuance of proceeding
123. Fit for trial—continuation of proceeding
124. Related orders if person fit for trial

Division 5 - Withdrawal of particular references

125. Application of div 5
126. Application to withdraw reference
127. Notices if application to withdraw filed
128. Decision on application

PART 4 - FORENSIC ORDERS AND TREATMENT SUPPORT ORDERS

Division 1 - Preliminary

129. Definition for pt 4
130. Explanation about operation of forensic orders and treatment support orders
131. Orders if unsound mind or permanent unfitness for trial
132. Orders if temporary unfitness for trial
133. Matters to which Mental Health Court must have regard

Division 2 - Forensic orders

Subdivision 1 - Making of forensic orders

134. Requirements for making forensic order
135. Conditions
136. Recommendations about intervention programs
137. Non-revocation period

Subdivision 2 - Treatment in the community

138. Mental Health Court to decide category
139. Inpatient category
140. Community category

Subdivision 3 - Other provisions

141. When category of forensic order (disability) may be described as residential
142. Admission to high security unit—stay of order

Division 3 - Treatment support orders

Subdivision 1 - Making of treatment support orders

143. Requirements for making treatment support order
144. Conditions

Subdivision 2 - Treatment in the community

145. Mental Health Court to decide category and community treatment

Division 4 - Responsibility for treatment and care

146. Responsibility for person subject to forensic order (mental health) or treatment support order
147. Responsibility for person subject to forensic order (disability)
148. Certificate of forensic disability service availability

Division 5 - Transport

149. Transport to authorised mental health service
150. Transport to forensic disability service

Division 6 - Other provisions

151. Matters authorised by forensic order (mental health) or treatment support order
152. Matters authorised by forensic orders (disability)
153. Status of forensic order or treatment support order if amended
154. Ending of order made because of temporary unfitness for trial

PART 5 - OTHER PROVISIONS

Division 1 - Notice of decisions and orders

155. Notice of decisions and orders

Division 2 - Admissibility and use of evidence and transcript

156. Definition for div 2
157. Admissibility of expert’s report and transcript at trial
157A. Admissibility of expert’s report and transcript in proceeding before Magistrates Court
158. Particular statements not admissible
159. Issue of mental condition may be raised at trial
160. Other use of expert’s report

Division 3 - Victim impact statements

161. Application of div 3
162. Preparation of victim impact statement
163. Production of victim impact statement by prosecuting authority
164. Restrictions on disclosing victim impact statement
165. Use of victim impact statement by Mental Health Court

Division 4 - Persons subject to existing orders or authorities

Subdivision 1 - Making forensic orders

166. Person subject to existing forensic order
166A. Person subject to existing treatment support order
167. Person subject to existing treatment authority

Subdivision 2 - Making treatment support orders

167A. Person subject to existing treatment support order
167B. Person subject to existing forensic order
167C. Person subject to existing treatment authority

Division 5 - Miscellaneous

168. Relationship with ch 16, pt 1

CHAPTER 6 - POWERS OF COURTS HEARING CRIMINAL PROCEEDINGS AND RELATED PROCESSES

PART 1 - PRELIMINARY

169. Purpose of ch 6
170. Childrens Court

PART 2 - MAGISTRATES COURTS

Division 1 - General

171. Definition for div 1
172. Power to dismiss complaint—unsound mind or unfitness for trial
173. Power to adjourn hearing of complaint—temporary unfitness for trial
174. Power to refer person to appropriate agency or entity

Division 2 - References to Mental Health Court

175. When reference may be made
176. How reference is made

Division 3 - Examination orders

177. Power to make examination order for person charged with simple offence
178. Examination of person
179. Examination report
180. Admissibility of examination report at trial
180A. Particular statements not admissible
180B. Other use of examination report and particular statements

PART 3 - SUPREME COURT AND DISTRICT COURT

Division 1 - Making reference to Mental Health Court if person pleads guilty to indictable offence

181. Application of div 1
182. Power to order plea of not guilty
183. Power to make reference to Mental Health Court and related orders
184. How reference to Mental Health Court is made
185. Persons who may give agreement for detention
186. Agreement for detention—administrator
187. Agreement for detention—chief psychiatrist
188. Effect of order for detention

Division 2 - Forensic orders (Criminal Code)

189. Application of div 2
190. Registrar of court to give notice of order
191. Power to transport person to authorised mental health service

PART 4 - DETENTION IN AUTHORISED MENTAL HEALTH SERVICE DURING TRIAL

192. Definition for pt 4
193. Power to order person’s detention in authorised mental health service
194. Persons who may give agreement for detention
195. Agreement for detention—administrator
196. Agreement for detention—chief psychiatrist
197. Effect of order for detention

CHAPTER 7 - TREATMENT AND CARE OF PATIENTS

PART 1 - PRELIMINARY

198. Purpose of ch 7
199. Relationship between this Act and custodial status of particular patients

PART 2 - RESPONSIBILITY TO PROVIDE TREATMENT AND CARE

200. Application of pt 2
201. Examination of patient for purpose of providing treatment and care
202. Authorised doctor’s responsibilities for treatment and care
203. Administrator’s responsibilities for treatment and care

PART 3 - PATIENTS SUBJECT TO TREATMENT AUTHORITIES

Division 1 - Preliminary

204. Application of pt 3

Division 2 - Regular assessment

205. Authorised doctor must assess patient

Division 3 - Actions that may be taken after assessment

206. Authorised doctor may revoke treatment authority
207. Authorised psychiatrist may revoke treatment authority if patient missing
208. Chief psychiatrist may revoke treatment authority
209. Amendment of treatment authority to change category, limited community treatment or conditions
210. Amendment of treatment authority to change category to inpatient

PART 4 - PATIENTS SUBJECT TO FORENSIC ORDERS

211. Application of pt 4
212. Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions
213. Amendment of forensic order to change category to inpatient
214. Limited community treatment for patient subject to forensic order (Criminal Code)

PART 5 - PATIENTS SUBJECT TO TREATMENT SUPPORT ORDERS

215. Application of pt 5
216. Amendment of treatment support order to change category, limited community treatment or conditions
217. Amendment of treatment support order to change category to inpatient

PART 6 - CLASSIFIED PATIENTS AND PATIENTS SUBJECT TO JUDICIAL ORDERS

218. Application of pt 6
219. Authorisation of limited community treatment

PART 7 - OBLIGATIONS IN RELATION TO TREATMENT IN THE COMMUNITY

220. Patient’s obligations to be recorded and explained
221. Chief psychiatrist may approve temporary absence

PART 8 - ADVANCE HEALTH DIRECTIVES, NOMINATED SUPPORT PERSONS AND RECORDS SYSTEM

Division 1 - Advance health directives

222. Advance health directive may include views about treatment and care

Division 2 - Nominated support persons

223. Who is a nominated support person
224. Functions of nominated support person

Division 3 - Records system

225. Chief psychiatrist to maintain records system
226. Request to keep record
227. Requirement to give notice—matters relating to advance health directive or enduring power of attorney
228. Requirement to give notice—revocation of appointment of nominated support person
229. Requirement to give notice—resignation of nominated support person
230. Copy in records system is proof

PART 9 - REPORTING ON MINORS ADMITTED TO PARTICULAR AUTHORISED MENTAL HEALTH SERVICES

231. Obligation to notify public guardian

PART 10 - REGULATED TREATMENT

Division 1 - Preliminary

232. Meaning of regulated treatment

Division 2 - Informed consent

233. Requirements for informed consent
234. Explanation to be given

Division 3 - Electroconvulsive therapy

235. Offence to perform electroconvulsive therapy
236. Performance of electroconvulsive therapy with consent or tribunal approval
237. Performance of electroconvulsive therapy in emergency

Division 4 - Non-ablative neurosurgical procedures

238. Offence to perform non-ablative neurosurgical procedure
239. Performance of non-ablative neurosurgical procedure with consent and tribunal approval

PART 11 - PROHIBITED TREATMENT

240. Particular therapies prohibited
241. Psychosurgery prohibited

CHAPTER 8 - USE OF MECHANICAL RESTRAINT, SECLUSION, PHYSICAL RESTRAINT AND OTHER PRACTICES

PART 1 - PRELIMINARY

242. Purpose of ch 8
243. Definitions for ch 8

PART 2 - MECHANICAL RESTRAINT

Division 1 - Preliminary

244. Meaning of mechanical restraint
245. Offence

Division 2 - Authorised mechanical restraint

246. Requirements for use of mechanical restraint on relevant patients
247. Application for chief psychiatrist’s approval
248. Chief psychiatrist may require amendment of application to include reduction and elimination plan
249. Chief psychiatrist may approve authorisation of use of mechanical restraint
250. Authorisation of use of mechanical restraint by authorised doctor
251. Duties of health practitioner in charge of unit
252. Removal of mechanical restraint before authorisation ends
253. Reuse of mechanical restraint

PART 3 - SECLUSION

Division 1 - Preliminary

254. Meaning of seclusion
255. Offence

Division 2 - Authorised seclusion

256. Requirements for seclusion of relevant patients
257. Chief psychiatrist may give written direction about seclusion
258. Authorisation of seclusion by authorised doctor
259. Extension of period of seclusion
260. Duties of health practitioner in charge of unit
261. Removal from seclusion before authorisation ends
262. Return to seclusion after removal

Division 3 - Emergency seclusion

263. Requirements for emergency seclusion by health practitioner in charge of unit

PART 4 - REDUCTION AND ELIMINATION PLANS

264. What is a reduction and elimination plan
265. Content of plan
266. Application for chief psychiatrist’s approval of plan
267. Chief psychiatrist may approve plan

PART 5 - PHYSICAL RESTRAINT AND CLINICAL NEED FOR MEDICATION

Division 1 - Physical restraint

268. Meaning of physical restraint
269. Offence
270. Requirements for use of physical restraint

Division 2 - Clinical need for medication

271. Meaning of medication
272. Offence

PART 6 - MISCELLANEOUS

273. Chief psychiatrist must make policy
274. Obligation to notify public guardian of treatment of minors

CHAPTER 9 - RIGHTS OF PATIENTS AND OTHERS

PART 1 - PRELIMINARY

275. Purpose of ch 9
276. Definition for ch 9

PART 2 - STATEMENT OF RIGHTS

277. Preparing statement of rights
278. Giving statement of rights to patients and others
279. Display of signs

PART 3 - RIGHTS OF PATIENTS

280. Definition for pt 3
281. Visits by nominated support persons, family, carers and other support persons
282. Visits by health practitioners
283. Visits by legal or other advisers
284. Communication with others
285. Information about treatment and care
286. Understanding of oral information
287. Written notices to be given to nominated support persons and others
288. Communication about patient with others
289. Disclosure of confidential information under Hospital and Health Boards Act not limited
290. Second opinion about treatment and care

PART 4 - ROLES AND RESPONSIBILITIES OF NOMINATED SUPPORT PERSONS, FAMILY, CARERS AND OTHER SUPPORT PERSONS

291. Roles
292. Responsibilities

PART 5 - INDEPENDENT PATIENT RIGHTS ADVISERS

293. Appointment
294. Functions
295. Independence

CHAPTER 10 - CHIEF PSYCHIATRIST

PART 1 - PRELIMINARY

296. Purpose of ch 10
297. Definition for ch 10

PART 2 - APPOINTMENT, FUNCTIONS AND POWERS

298. Appointment
299. Resignation
300. Termination of appointment
301. Functions and powers
302. Independence of chief psychiatrist
303. Delegation
304. Power to require administrator to give documents or information

PART 3 - POLICIES, PRACTICE GUIDELINES AND ANNUAL REPORT

305. Making policies or practice guidelines
306. Publication of policies and practice guidelines
307. Annual report

PART 4 - INVESTIGATIONS

308. Chief psychiatrist may investigate
309. Investigation report
310. Recommendations for improvement

PART 5 - SERIOUS RISKS TO PERSONS OR PUBLIC SAFETY

311. Purpose of pt 5
312. Minister may direct chief psychiatrist to review matter
313. Actions chief psychiatrist may take
314. Chief psychiatrist’s order
315. Chief psychiatrist may vary period or end order

PART 6 - INFORMATION NOTICES

Division 1 - Preliminary

316. Purpose of pt 6
317. Definitions for pt 6

Division 2 - Application, amendment and revocation

318. Application
319. Decision on application
320. Right to receive information under notice
321. Amendment of notice to change applicant’s nominee
322. Duration of information notice
323. Revocation of information notice

Division 3 - Miscellaneous

324. Tribunal must give particular information to chief psychiatrist about relevant patient
325. Telling relevant patient about information notice
326. Misuse of information made available under an information notice
327. Application of part to forensic disability client

CHAPTER 11 - AUTHORISED MENTAL HEALTH SERVICES

PART 1 - PRELIMINARY

328. Purpose of ch 11

PART 2 - DECLARATION OF AUTHORISED MENTAL HEALTH SERVICES

329. Declaration of authorised mental health service
330. Declaration of high security unit
331. Declaration of authorised mental health service (rural and remote)

PART 3 - ADMINISTRATORS OF AUTHORISED MENTAL HEALTH SERVICES

332. Appointment
333. Functions
334. Powers
335. Register of authorised doctors and authorised mental health practitioners
336. Record of relevant patients
337. Delegation

PART 4 - AUTHORISED DOCTORS AND AUTHORISED MENTAL HEALTH PRACTITIONERS

Division 1 - Appointment, functions and powers

338. Appointment of authorised doctor
339. When administrator is authorised doctor
340. Appointment of authorised mental health practitioner
341. Appointment of health practitioner to perform particular functions of authorised doctor
342. Appointment conditions and limit on powers
343. When office ends
344. Functions and powers
345. Requirement to give notice of particular decisions

Division 2 - Identity cards

346. Issue of identity card
347. Production or display of identity card
348. Return of identity card

PART 5 - TRANSFER OF PATIENTS

Division 1 - Preliminary

349. Purpose of pt 5
350. Definition for pt 5

Division 2 - Authorised mental health service transfers

351. Transfer between services by agreement of administrators
352. Transfer between services by requirement of chief psychiatrist

Division 3 - Forensic disability service transfers

353. Transfer between authorised mental health service and forensic disability service

Division 4 - Interstate transfers

354. Transfer of person subject to treatment authority to another State
355. Transfer of person subject to interstate order from another State

Division 5 - General provisions

356. Responsibility for person
357. Power to transport
358. Notice to tribunal

PART 6 - TRANSPORT OF PERSONS

Division 1 - Preliminary

359. Who is an authorised person

Division 2 - Transport of persons within and to and from authorised mental health services and other particular places

360. Transport within authorised mental health service
361. Transport to or from authorised mental health service and other particular places
362. Taking person after treatment and care to person’s requested place

Division 3 - Transport of absent persons

363. Application of div 3
364. Particular persons may require return of absent person
365. Limitation on requirement to return particular absent persons
366. Authorised person may transport absent person
367. Effect on assessment period

Division 4 - Transport of persons to and from interstate mental health services

368. Apprehension, detention and transport of person absent from interstate mental health service
369. Transport of person in Queensland to interstate mental health service
370. Transport of person outside Queensland to authorised mental health service
371. Making of emergency examination authority

Division 5 - Transport powers

372. Application of div 5
373. Power to detain
374. Power to administer medication
375. Power to use mechanical restraint
376. Power to enter particular places

Division 6 - Warrant for apprehension of person to transport person

377. Application for warrant for apprehension of person
378. Issue of warrant
379. Electronic application
380. Additional procedure if electronic application
381. Defect in relation to a warrant
382. Warrants—entry procedure

PART 7 - SECURITY

Division 1 - Preliminary

383. Purpose of pt 7
384. Definitions for pt 7

Division 2 - Postal articles and other things in authorised mental health services

385. Patient may receive and send postal article
386. Administrator may search thing received for patient

Division 3 - Searches of patients of authorised mental health services or public sector health service facilities

387. Application of div 3
388. Power to search on belief of possession of harmful thing

Division 4 - Searches of involuntary patients on admission to or entry into high security units or other approved services

389. Application of div 4
390. Power to search on admission or entry

Division 5 - Searches of visitors to high security units or other approved services

391. Application of div 5
392. Power to search visitor
393. Requirement to explain to visitor
394. Direction to leave
395. Visitor may leave thing with authorised security officer
396. Authorised security officer may ask visitor to leave thing with officer
397. Visitor may ask for search to stop
398. Return of thing to visitor

Division 6 - Requirements for searches

399. Requirements for personal search
400. Requirements for search requiring removal of clothing
401. Requirements for search of possessions

Division 7 - Records of searches

402. Record of search must be made

Division 8 - Seizure

403. Seizure of harmful or other thing
404. Receipt for seized thing
405. Access to seized thing

Division 9 - Identity cards

406. Approval of identity card

Division 10 - Compensation

407. Compensation for damage to possessions

Division 11 - Exclusion of visitors

408. Administrator may refuse to allow person to visit patient

CHAPTER 12 - MENTAL HEALTH REVIEW TRIBUNAL PROCEEDINGS

PART 1 - PRELIMINARY

409. Purpose of ch 12
410. Particular decisions of no effect for classified patient

PART 2 - REVIEW OF TREATMENT AUTHORITIES

Division 1 - Preliminary

411. Definitions for pt 2
412. Matters to which tribunal must have regard

Division 2 - When particular reviews are conducted

413. When reviews are conducted
414. When periodic review deferred
415. When tribunal must not conduct review
416. When particular tribunal review is not required

Division 3 - Applications and notices of hearings

417. Application for applicant review to state orders sought
418. Notice of hearing

Division 4 - Decisions and orders

Subdivision 1 - Decisions to be made on review

419. Decisions
420. Administrator to provide report
421. Requirement to revoke treatment authority

Subdivision 2 - Confirmation of treatment authority—related orders

422. Application of sdiv 2
423. Change of category to community
424. Community category—deciding whether authorised doctor may reduce treatment in community
425. Inpatient category—limited community treatment
426. Conditions
427. Transfer to another authorised mental health service
428. Change of category to inpatient
429. Other orders

PART 3 - REVIEW OF FORENSIC ORDERS (MENTAL HEALTH) AND FORENSIC ORDERS (DISABILITY)

Division 1 - Preliminary

430. Application of pt 3
431. Definitions for pt 3
432. Matters to which tribunal must have regard

Division 2 - When particular reviews are conducted

433. When reviews are conducted
434. When periodic review deferred
435. Requirement to conduct periodic review suspended
436. When tribunal must not conduct review
437. When particular tribunal review is not required

Division 3 - Applications and notices of hearings

438. Application for applicant review to state orders sought
439. Notice of hearing

Division 4 - Decisions and orders

Subdivision 1 - Decisions to be made on review

440. Application of div 4
441. Decisions
442. Requirement to confirm forensic order

Subdivision 2 - Confirmation of forensic order—related orders

443. Application of sdiv 2
444. Change or confirmation of category
445. Inpatient category—orders about treatment in community
446. Community category—orders about treatment in community
447. Conditions
448. Other orders

Subdivision 3 - Revocation of forensic order (mental health)—related orders

449. Application of sdiv 3
450. Making of treatment support order
451. Making of treatment authority or no further order

Division 5 - Restrictions on revoking or amending forensic orders

452. Orders with non-revocation period
453. Order for person temporarily unfit for trial
454. Order for person charged with prescribed offence
455. Tribunal’s order takes effect after suspension or change of category ends

Division 6 - Other provisions

456. Transfer of responsibility for forensic patient
457. Person with dual disability

PART 4 - REVIEW OF FORENSIC ORDERS (CRIMINAL CODE)

458. Application of pt 4
459. Tribunal to conduct hearing
460. Notice of hearing
461. Making of forensic order
462. Application of ch 5 provisions

PART 5 - REVIEW OF TREATMENT SUPPORT ORDERS

Division 1 - Preliminary

463. Definitions for pt 5
464. Matters to which tribunal must have regard

Division 2 - When particular reviews are conducted

465. When reviews are conducted
466. When periodic review deferred
467. Requirement to conduct periodic review suspended
468. When tribunal must not conduct review
469. When particular tribunal review is not required

Division 3 - Applications and notices of hearings

470. Application for applicant review to state orders sought
471. Notice of hearing

Division 4 - Decisions and orders

Subdivision 1 - Decisions to be made on review

472. Decisions
473. Requirement to confirm treatment support order

Subdivision 2 - Confirmation of treatment support order—related orders

474. Application of sdiv 2
475. Change of category to community
476. Community category—deciding whether authorised doctor may reduce treatment in community
477. Inpatient category—limited community treatment
478. Conditions
479. Transfer to another authorised mental health service
480. Change of category to inpatient
481. Other orders

Subdivision 3 - Revocation of treatment support order—related orders

482. Application of sdiv 3
483. Making of treatment authority or no further order

PART 6 - REVIEW OF FITNESS FOR TRIAL

Division 1 - Review

484. Application of div 1
485. Meaning of finding of unfitness
486. When reviews are conducted
487. Notice of hearing
488. Decisions on review

Division 2 - Procedures following review if person unfit for trial

489. Application of div 2
490. Director of public prosecutions to decide whether proceeding to be discontinued
491. Proceeding discontinued at end of prescribed period
492. Effect of discontinuing proceeding
493. Proceeding may be discontinued at other time

Division 3 - Procedures following review if person fit for trial

494. Application of div 3
495. Definitions for div 3
496. Director of public prosecutions to give notice of fitness for trial
497. Listing proceeding for mention
497A. Prosecuting authority to give chief psychiatrist notice of ending of order
497B. Disclosure of particular information on ending of order

PART 7 - REVIEW OF DETENTION OF MINORS IN HIGH SECURITY UNITS

498. Application of pt 7
499. When reviews are conducted
500. Notice of hearing
501. Decision on review

PART 8 - APPLICATIONS FOR EXAMINATION AUTHORITIES

502. Application for examination authority
503. Notice of hearing
504. Decision on application
505. Duration of examination authority
506. Copy of examination authority to be given to administrator of authorised mental health service

PART 9 - APPLICATIONS FOR APPROVAL OF REGULATED TREATMENT

Division 1 - Electroconvulsive therapy

507. Who may apply
508. Notice of hearing
509. Decision on application

Division 2 - Non-ablative neurosurgical procedures

510. Who may apply
511. Notice of hearing
512. Decision on application

PART 10 - APPLICATIONS FOR APPROVAL TO TRANSFER PARTICULAR PERSONS INTO AND OUT OF QUEENSLAND

Division 1 - Transfers into Queensland

513. Definitions for div 1
514. Who may apply
515. Requirements for application
516. Notice of hearing
517. Decision on application
518. Making of forensic order
519. When interstate transfer approval takes effect
520. Transport of patient seeking transfer under interstate transfer approval

Division 2 - Transfers out of Queensland

521. Definitions for division
522. Who may apply
523. Requirements for application
524. Notice of hearing
525. Decision on application
526. When interstate transfer approval or international transfer approval takes effect
527. Transport of patient seeking transfer under interstate transfer approval
527A. Transport of patient seeking transfer under international transfer approval
528. Effect on order

PART 11 - MISCELLANEOUS

529. Relationship with ch 16, pt 2
530. Use of victim impact statement by tribunal

CHAPTER 13 - APPEALS

PART 1 - PRELIMINARY

531. Purpose of ch 13

PART 2 - APPEALS TO TRIBUNAL

532. Definitions for pt 2
533. Appeal to tribunal
534. How to start appeal
534A. Frivolous or vexatious appeal
535. Notice of appeal and hearing
536. Stay of decision pending appeal
537. Appeal powers

PART 3 - APPEALS TO MENTAL HEALTH COURT

Division 1 - Preliminary

538. Definition for pt 3

Division 2 - Making and hearing appeals

539. Who may appeal
540. Parties to appeal
541. How to start appeal
542. Frivolous or vexatious appeal
543. Notice of appeal and hearing
544. Stay of decision pending appeal
545. Notice of stay of decision on review of person’s fitness for trial
546. Appeal powers
547. Mental Health Court may make forensic order or treatment support order
548. Mental Health Court’s decision final

PART 4 - APPEALS TO COURT OF APPEAL

549. Who may appeal
550. How to start appeal
551. Appeal powers
552. Notice of decision

CHAPTER 14 - MONITORING AND ENFORCEMENT

PART 1 - PRELIMINARY

553. Purpose of ch 14
554. Definitions for ch 14

PART 2 - GENERAL PROVISIONS ABOUT INSPECTORS

Division 1 - Appointment

555. Appointment and qualifications
556. Functions of inspectors
557. Appointment conditions and limit on powers
558. When office ends
559. Resignation

Division 2 - Identity cards

560. Issue of identity card
561. Production or display of identity card
562. Return of identity card

Division 3 - Miscellaneous provisions

563. References to exercise of powers
564. Reference to document includes reference to reproductions from electronic document

PART 3 - ENTRY OF PLACES BY INSPECTORS

Division 1 - Power to enter

565. General power to enter places

Division 2 - Entry by consent

566. Application of div 2
567. Incidental entry to ask for access
568. Matters inspector must tell occupier
569. Consent acknowledgement

Division 3 - Entry under warrant

Subdivision 1 - Obtaining warrant

570. Application for warrant
571. Issue of warrant
572. Electronic application
573. Additional procedure if electronic application
574. Defect in relation to a warrant

Subdivision 2 - Entry procedure

575. Entry procedure

PART 4 - GENERAL POWERS OF INSPECTORS AFTER ENTERING PLACES

576. Application of pt 4
577. General powers
578. Power to require reasonable help
579. Offence to contravene help requirement

PART 5 - SEIZURE BY INSPECTORS AND FORFEITURE

Division 1 - Power to seize

580. Seizing evidence at a place that may be entered without consent or warrant
581. Seizing evidence at a place that may be entered only with consent or warrant
582. Seizure of property subject to security

Division 2 - Powers to support seizure

583. Power to secure seized thing
584. Offence to contravene other seizure requirement
585. Offence to interfere

Division 3 - Safeguards for seized things

586. Receipt and information notice for seized thing
587. Access to seized thing
588. Return of seized thing

Division 4 - Forfeiture

589. Forfeiture by chief psychiatrist decision
590. Information notice about forfeiture decision
591. Forfeiture on conviction
592. Procedure and powers for making forfeiture order

Division 5 - Dealing with property forfeited or transferred to State

593. When thing becomes property of the State
594. How property may be dealt with

PART 6 - OTHER INFORMATION-OBTAINING POWERS OF INSPECTORS

595. Power to require name and address
596. Offence to contravene personal details requirement
597. Power to require information
598. Offence to contravene information requirement

PART 7 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS

Division 1 - Damage

599. Duty to avoid inconvenience and minimise damage
600. Notice of damage

Division 2 - Compensation

601. Claim
602. Court order

PART 8 - REVIEWS AND APPEALS ABOUT SEIZURE AND FORFEITURE

603. Definitions for pt 8
604. Right of appeal
605. Appeal process starts with internal review
606. How to apply for internal review
607. Stay of operation of decision
608. Internal review decision
609. Who may appeal
610. Procedure for an appeal to the court
611. Stay of operation of internal review decision
612. Powers of court on appeal
613. Effect of decision of court on appeal

CHAPTER 15 - SUSPENSION OF CRIMINAL PROCEEDINGS, OFFENCES AND OTHER LEGAL MATTERS

PART 1 - PRELIMINARY

614. Purpose of ch 15

PART 2 - SUSPENSION OF CRIMINAL PROCEEDINGS

615. Purpose of pt 2
616. Suspension of proceedings
617. Giving notice of particular suspensions
618. Ending of suspension
619. Giving notice of ending of suspension
620. Effect on powers relating to bail, discontinuance of proceedings and other matters

PART 3 - OFFENCES RELATING TO PATIENTS

621. Offence relating to ill-treatment
622. Offences relating to patients absconding
623. Offences relating to patients unlawfully absent

PART 4 - OFFENCES RELATING TO OFFICIALS

624. Definition for pt 4
625. Obstructing official
626. Impersonating official
627. Giving official false or misleading information

PART 5 - DETENTION AND USE OF REASONABLE FORCE

628. Classified patient (voluntary) may be detained
629. Detention of person in authorised mental health service with use of reasonable force
630. Detention of person in public sector health service facility with use of reasonable force
631. Examination or assessment of involuntary patient without consent and with use of reasonable force
632. Treatment and care of patient without consent and with use of reasonable force
633. Relationship with use of physical restraint

PART 6 - EVIDENCE AND LEGAL PROCEEDINGS

634. Evidentiary aids
635. Proceedings for offences

CHAPTER 16 - ESTABLISHMENT AND ADMINISTRATION OF COURT AND TRIBUNAL

PART 1 - MENTAL HEALTH COURT

Division 1 - Preliminary

636. Purpose of pt 1

Division 2 - Continuation, constitution, jurisdiction and powers

637. Continuation of Mental Health Court
638. Constitution
639. Jurisdiction
640. Powers

Division 3 - Membership

641. Appointment of members
642. Appointment does not affect judge’s tenure of office
643. Resignation of office
644. When member’s office ends

Division 4 - President

645. Appointment of president
646. Arrangement of business
647. President holds office while member of court
648. Delegation of particular powers
649. Resignation of office
650. Appointment of acting president

Division 5 - Assisting clinicians

651. Functions
652. Appointment
653. Conditions of appointment
654. Resignation
655. Termination of appointment

Division 6 - Mental Health Court Registry and registrar

656. Mental Health Court Registry
657. Registry’s functions
658. Registrar’s functions
659. Registrar’s powers—general
660. Registrar’s power to issue subpoena
661. Registrar’s power to require administrator to produce document
662. Registrar’s power to require person to be brought before Mental Health Court
663. Registrar’s power to require prosecuting authority to give particular documents
664. Delegation by registrar

Division 7 - Protection and immunities

665. Contempt of court
666. Conduct that is contempt and offence
667. Protection and immunity for member of Mental Health Court and assisting clinician

Division 8 - Court examination orders

668. Making of court examination order
669. Recommendation or request for court examination order on reference
670. Transport, detention and examination of person under court examination order
671. What happens at end of examination

Division 9 - Reviews of detention in authorised mental health service or forensic disability service

672. Definitions for div 9
673. Power to review detention
674. Notice of hearing
675. Parties to proceeding
676. Consideration of application
677. Appointment of person to inquire into detention
678. Administrator to ensure help given to appointed person
679. General powers of appointed person
680. Appointed person’s power to ask questions
681. Mental Health Court may direct person’s discharge
682. Other remedies not affected

Division 10 - Procedural provisions

683. General right of appearance and representation
684. Evidence
685. Proof of matters
686. Directions
687. Assisting clinician’s advice before or during adjournment of hearing
688. Assisting clinician’s advice during hearing
689. Particular advice of assisting clinician to be stated in reasons for decision
690. When court may conduct hearing in absence of person
691. Appointing assistant
692. Court may sit and adjourn hearing
693. Hearing of reference generally open to public
694. Particular hearings not generally open to public
695. Hearing about minor not open to public
696. Confidentiality order
697. Costs
698. Death or incapacity of member after hearing started

Division 11 - Rules and practice

699. Rule-making power
700. Directions about practice

Division 12 - Miscellaneous

701. Annual report

PART 2 - MENTAL HEALTH REVIEW TRIBUNAL

Division 1 - Preliminary

702. Purpose of pt 2
703. Definition for pt 2

Division 2 - Continuation, jurisdiction and powers

704. Continuation of Mental Health Review Tribunal
705. Jurisdiction and independence
706. Powers

Division 3 - Members and staff of tribunal

707. Appointment of members
708. Duration of appointment
709. Terms of appointment
710. Resignation
711. Termination of appointment
712. Deputy president to act as president
713. Executive officer and other staff
714. President’s functions generally
715. President’s powers

Division 4 - Constitution of tribunal for hearings

716. Particular proceedings
717. Application for examination authority
718. Application for approval to perform non-ablative neurosurgical procedure
719. Matters president to consider in constituting tribunal
720. Presiding member

Division 5 - Examinations, confidentiality orders and reports

721. Tribunal may order examination
722. Confidentiality order
723. Reports for particular review proceedings

Division 6 - Procedural provisions for ch 12 proceedings

Subdivision 1 - Applications

724. Application of sdiv 1
725. Approved form
726. Frivolous or vexatious application
727. Hearing of application

Subdivision 2 - Adjournment of hearing of particular periodic reviews

728. Application of sdiv 2
729. Definitions for sdiv 2
730. Adjournment of hearing
731. Hearing of scheduled review to be conducted on relevant person’s return

Division 7 - General procedural provisions

Subdivision 1 - Preliminary

732. Application of div 7
733. Conducting proceedings generally
734. Presentation of party’s case and inspection of documents

Subdivision 2 - Pre-hearing matters

735. Matters to be stated in notice of hearing
736. Right to appear
737. Attorney-General to give notice of intention to appear
738. Disclosure of documents to be relied on in hearing

Subdivision 3 - Hearings

739. Right of representation and support
740. Appointment of representative
741. Hearing not open to public
742. Victim impact statement
743. Restrictions on disclosing victim impact statement
744. Requiring witness to attend or produce document or thing
745. Tribunal to allow party to call or give evidence
746. Proceeding by remote conferencing or on the papers
747. Proceeding in absence of involuntary patient
748. Conducting hearings of proceedings at same time
749. Adjourning hearing of proceeding
750. Appointing assistant
751. Dealing with documents or other things
752. Way questions decided
753. Referring question of law to Mental Health Court
754. Costs

Subdivision 4 - Decisions of tribunal

755. Notice of decision
756. Written reasons for decision
757. Requirement to give effect to tribunal decision
758. Publishing decision and reasons

Subdivision 5 - Revocation of particular forensic orders and treatment support orders

759. Order for missing person

Division 8 - Offences and contempt

760. Offences by witnesses
761. False or misleading information or document
762. Fabricating evidence
763. Contempt of tribunal
764. Punishment of contempt
765. Conduct that is contempt and offence

Division 9 - Protection and immunities

766. Protection and immunity for members
767. Protection and immunity for other persons

Division 10 - Rules and practice

768. Rule-making power
769. Directions about practice

Division 11 - Miscellaneous

770. Authentication of documents
771. Judicial notice of particular signatures
772. Delegation
773. Register
774. Annual report

CHAPTER 17 - CONFIDENTIALITY

PART 1 - PRELIMINARY

775. Purpose of ch 17
776. Definitions for ch 17
777. Relationship of ch 17 with other Acts

PART 2 - DUTY OF CONFIDENTIALITY

778. Offence to use or disclose personal information
779. (Repealed)

PART 3 - PERMITTED USE AND DISCLOSURE

780. Disclosure to identify person with mental health defence
781. Disclosure to identify and offer support to victims
782. Disclosure for report by private psychiatrist
783. Disclosure of particular information relating to classified patient
784. Disclosure of particular information relating to person in contact with forensic disability service
785. Disclosure to lawyer
785A. Disclosure to inspector of detention services
786. Disclosure of photograph of patient required to return
787. Disclosure of information for research purposes

PART 4 - OFFENCES RELATING TO PUBLICATION OF JUDICIAL PROCEEDINGS

788. Definition for pt 4
789. Publication of reports and decisions on references—Mental Health Court and Court of Appeal
790. Publication of report of other proceedings
791. Publication of information disclosing identity of party to proceeding
792. Publication of date of hearing permitted
793. Publication of information disclosed at hearing permitted

PART 5 - AVAILABILITY OF COPIES OF TRIBUNAL RECORDS AND TRANSCRIPTS

793A. Restrictions on availability of copies of records and transcriptions of proceedings

CHAPTER 18 - GENERAL PROVISIONS

794. Detention of involuntary patient must be in inpatient unit
795. Use of audiovisual link for examination or assessment
796. Disclosure by QCAT of information about personal guardian or administrator
797. Protection of official from liability
797A. Particular periods counted as imprisonment or detention
798. Approved forms
799. Electronic format for notices and other information
800. Regulation-making power

CHAPTER 18A - VALIDATION OF APPOINTMENT TO TRIBUNAL AND RELATED PROVISIONS

PART 1 - PRELIMINARY

800A. Definitions for chapter

PART 2 - VALIDATION

800B. Validation provision for purported appointment of ineligible person

PART 3 - REFERRAL OF PARTICULAR DECISIONS TO SPECIAL TRIBUNAL

800C. Special tribunal
800D. Request to refer relevant decision to the special tribunal
800E. When chief executive may refer relevant decision
800F. Decision by special tribunal on referral

PART 4 - DECISIONS BY TRIBUNAL

800G. Decision by tribunal on referral

CHAPTER 18B - (Expired)

CHAPTER 19 - REPEAL

801. Repeal

CHAPTER 20 - TRANSITIONAL PROVISIONS FOR ACT NO. 5 OF 2016

PART 1 - PRELIMINARY

802. Definitions for ch 20
803. Application of new Act in relation to proceedings for alleged offences
804. Detention under repealed Act

PART 2 - PROVISIONS ABOUT ASSESSMENT AND DETENTION UNDER CHAPTERS 2 AND 3 OF REPEALED ACT

805. Assessment documents
806. Persons subject to assessment documents
807. Justices examination order
808. Emergency examination order
809. Detention for assessment
810. Agreement for assessment
811. Custodian’s assessment authority
812. Taking person to authorised mental health service
813. Classified patients
814. Report of authorised doctor
815. Involuntary treatment orders

PART 3 - PROVISIONS ABOUT ASSESSMENT OR DETENTION OF PERSONS BEFORE A COURT OR IN CUSTODY UNDER CHAPTER 3 OF REPEALED ACT

816. Court assessment order

PART 4 - PROVISIONS ABOUT TREATMENT AND CARE OF PATIENTS UNDER CHAPTER 4 OF REPEALED ACT

817. Treatment plans
818. Limited community treatment
819. Monitoring conditions

PART 5 - PROVISIONS ABOUT ELECTROCONVULSIVE THERAPY UNDER CHAPTER 4 OF REPEALED ACT

820. Consent to electroconvulsive therapy
821. Emergency electroconvulsive therapy

PART 6 - PROVISIONS ABOUT MOVEMENT, TRANSFER AND TEMPORARY ABSENCE OF PATIENTS UNDER CHAPTER 5 OF REPEALED ACT

822. Move of patients interstate
823. Temporary absences

PART 7 - PROVISIONS ABOUT TRIBUNAL REVIEWS UNDER CHAPTER 6 OF REPEALED ACT

Division 1 - Orders and decisions made before commencement

824. Particular orders and decisions not given effect before commencement
825. Particular decisions unaffected by new Act

Division 2 - Reviews and applications not completed before commencement

826. Existing applications to tribunal
827. Existing reviews started other than by an application
828. Effect of tribunal’s decision on existing review

Division 3 - Other provisions

829. When first periodic review under new Act must be conducted
830. Discontinuing proceeding for offence following review of fitness for trial
831. Non-contact order ends

PART 8 - PROVISIONS ABOUT EXAMINATIONS, REFERENCES AND ORDERS UNDER CHAPTER 7 OF REPEALED ACT

Division 1 - Examinations under chapter 7, part 2 of repealed Act

832. Making of reference under repealed Act by director or director of public prosecutions

Division 2 - References

833. Application of div 2
834. Hearing of reference continues under repealed Act
835. Appeal against Mental Health Court’s decision

Division 3 - Forensic orders (Mental Health Court) and forensic orders (Mental Health Court—Disability)

836. Forensic order (Mental Health Court)
837. Forensic order (Mental Health Court—Disability)
838. Limited community treatment for forensic patient
839. Review of forensic order under new Act

Division 4 - Other provisions

840. Order approving interstate transfer under s 288B of repealed Act
841. Forensic order (Criminal Code)
842. Custody order
843. Forensic order (Minister)
844. Forensic disability client temporarily detained in authorised mental health service

PART 9 - PROVISIONS ABOUT INFORMATION ORDERS UNDER CHAPTER 7A OF REPEALED ACT

845. Forensic information orders
846. Classified patient information orders

PART 10 - PROVISIONS ABOUT SECURITY OF AUTHORISED MENTAL HEALTH SERVICES UNDER CHAPTER 10 OF REPEALED ACT

847. Exclusion of visitors

PART 11 - PROVISIONS ABOUT MENTAL HEALTH COURT UNDER CHAPTER 11 OF REPEALED ACT

848. Mental Health Court registry
849. Court examination order
850. Inquiry into detention of patient in authorised mental health service

PART 12 - MISCELLANEOUS

851. Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act
852. Notices generally
853. Records made under repealed Act
854. Material submitted by victim or concerned person
855. Subpoenas
856. Authorised mental health services and high security units
857. Office holders
858. Suspended proceedings
859. Reviews relating to serious risks
860. Appeals
861. Annual reports
862. References to orders and authorities under repealed Act
863. Application of new Act, s 420

CHAPTER 20A - (Expired)

CHAPTER 21 - OTHER TRANSITIONAL AND VALIDATION PROVISIONS

PART 1 - TRANSITIONAL PROVISION FOR HOSPITAL FOUNDATIONS ACT 2018

864. Application of s 797A to particular periods

PART 2 - TRANSITIONAL PROVISIONS FOR HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2022

865. Definitions for part
866. Application of new s 117A to reference made before commencement
867. Application of new s 157A to reference made before commencement
868. Application of new ss 317, 322 and 323
869. Apprehension and transport of persons
870. Application of new s 509
871. Application of new ch 12, pt 10
872. Application of new s 778

PART 3 - APPOINTMENTS AND VALIDATION

873. Appointments to Mental Health Court and validation

PART 4 - TRANSITIONAL PROVISION FOR HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2024

874. Application of amendments about admissibility relating to references
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

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