Queensland Consolidated Acts

MENTAL HEALTH ACT 2016 - SECT 759

759 Order for missing person

(1) This section applies if a person who is subject to a relevant order is, for a period of more than 3 years—

(a) a patient required to return; or

(b) a person to whom the Forensic Disability Act , section 113 applies.

(2) Despite subsection (1) , if the relevant order is a forensic order, this section does not apply during any non-revocation period for the order.

(3) The president may revoke the relevant order for the person if the president considers, on information provided to the tribunal by the administrator of the person’s treating health service, or of the forensic disability service, that—

(a) the person is unlikely to return to Queensland; or

(b) the person is presumed to have died.

(4) The tribunal must, within 7 days after the day the relevant order is revoked, give written notice of the revocation to—

(a) if an authorised mental health service is responsible for the person—the administrator of the service; or

(b) if the forensic disability service is responsible for the person—the administrator of the service.

(5) In this section—

"relevant order" means—

(a) a forensic order; or

(b) a treatment support order.