Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 130

130 Explanation about operation of forensic orders and treatment support orders

(1) Under this part, the Mental Health Court may, on a reference in relation to a person, make the following types of orders—

(a) a forensic order (mental health) or forensic order (disability)—see division 2 ;

(b) a treatment support order—see division 3 .

Note—

See section 151 for the matters authorised under a forensic order (mental health) or treatment support order. See section 152 for the matters authorised under a forensic order (disability).

(2) A forensic order (mental health) operates in a way that is more restrictive of a person’s rights and liberties than a treatment support order.

Examples—

1 The Mental Health Court may decide the category of a forensic order (mental health) is community only if the court considers there is not an unacceptable risk to the safety of the community.

2 The court may decide the category of a treatment support order is inpatient only if the court considers the person’s treatment and care needs, the safety and welfare of the person, or the safety of others, can not reasonably be met if the category of the order is community.

3 An authorised doctor may authorise treatment in the community for a person subject to a forensic order (mental health) only to the extent approved by the court or the tribunal.

4 An authorised doctor may authorise treatment in the community for a person subject to a treatment support order, subject only to the court or the tribunal deciding whether the authorised doctor may reduce the extent of treatment in the community received by the person.

5 Requirements imposed under a policy made by the chief psychiatrist may be more onerous for a person subject to a forensic order (mental health) than a person subject to a treatment support order.