Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 68

68 Transfer recommendation

(1) This section applies to a person in custody who—

(a) is subject to a treatment authority, forensic order (mental health) or treatment support order; or

(b) consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.

(2) A doctor or authorised mental health practitioner may, in the approved form, make a recommendation (a
"transfer recommendation" ) for the person to be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service to receive treatment and care for the person’s mental illness.

(3) The doctor or authorised mental health practitioner may make the transfer recommendation only if satisfied—

(a) for a person who is not subject to a treatment authority, forensic order (mental health) or treatment support order—the person may have a mental illness; and

(b) it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an authorised mental health service.

(4) As soon as practicable after making the transfer recommendation, the doctor or authorised mental health practitioner must—

(a) tell the person of the making of the transfer recommendation; and

(b) explain its effect to the person; and

(c) give the person a copy of the transfer recommendation, if requested.

(5) Subsection (4) (c) does not apply if the doctor or authorised mental health practitioner considers giving the copy may adversely affect the health and wellbeing of the person.

(6) Also, the doctor or authorised mental health practitioner must give a copy of the transfer recommendation to the person’s nominated support persons, personal guardian or attorney, if requested.