Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 421

421 Requirement to revoke treatment authority

(1) On a review of a treatment authority, the tribunal must revoke the authority if the tribunal considers—

(a) the treatment criteria no longer apply to the person subject to the authority; or

(b) there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.

(2) However, subsection (1) does not apply if the tribunal considers the person’s capacity to consent to be treated for the person’s mental illness is not stable.

Example of when a person’s capacity to consent is not stable—

the person gains and loses capacity to consent to be treated during a short time period