Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 213

213 Amendment of forensic order to change category to inpatient

(1) This section applies if—

(a) the category of the patient’s forensic order is community; and

(b) an authorised doctor reasonably believes—

(i) there has been a material change in the patient’s mental state; and

(ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.

(2) Despite section 212 (2) , the authorised doctor may amend the patient’s forensic order to change the category of the order to inpatient.

(3) The administrator of the patient’s treating health service must, as soon as practicable after the forensic order is amended under subsection (2) , give the tribunal written notice of the amendment.

Note—

The tribunal must review the forensic order within 21 days after receiving written notice of the amendment of the order. See section 433 (4) .

(4) Also, subsection (5) applies if, before the tribunal conducts, or completes the hearing of, the review of the forensic order mentioned in section 433 (4) , an authorised doctor amends the order to change the category of the order to community.

(5) The administrator of the patient’s treating health service must, as soon as practicable after the forensic order is amended, give the tribunal written notice of the amendment.

Note—

Under section 437 , the tribunal is not required to conduct, or complete the hearing of, the review.