Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 56

56 Review of treatment authority if not made by psychiatrist

(1) This section applies if a treatment authority is made by an authorised doctor who is not a psychiatrist.

(2) An authorised psychiatrist must review the treatment authority and decide whether—

(a) to confirm the treatment authority, with or without amendment; or

(b) to revoke the treatment authority.

(3) The review must happen—

(a) within 3 days (the
"review period" ) after the treatment authority is made; or

(b) if the person subject to the treatment authority is a patient of an authorised mental health service (rural and remote) and it is not reasonably practicable to complete the review within 3 days—within 7 days (also the
"review period" ) after the treatment authority is made.

(4) An authorised doctor may give the person subject to the treatment authority a written notice directing the person to attend for the review at a stated authorised mental health service or public sector health service facility on a stated day within the review period.

Note—

See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under subsection (4) .

(5) The person subject to the treatment authority may be detained for the review in the stated service or facility for a period of not more than 6 hours starting when the person attends for the review at the service or facility.

(6) A review of a treatment authority does not affect the operation of the treatment authority before a decision is made to confirm or revoke it under subsection (2) .