{"id":"qld:act-2011-013","name":"Forensic Disability Act 2011","slug":"forensic-disability-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"13 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29780,"registerId":"qld-act-2011-013-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Forensic Disability Act 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purpose and application of Act","content":"# Purpose and application of Act","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose","content":"### sec.3 Purpose\n\nThe purpose of this Act is to provide for the involuntary detention, and the care and support and protection, of forensic disability clients, while at the same time—\nsafeguarding their rights and freedoms; and\nbalancing their rights and freedoms with the rights and freedoms of other people; and\npromoting their individual development and enhancing their opportunities for quality of life; and\nmaximising their opportunities for reintegration into the community.\nSee section 10 for who is a forensic disability client.\n- (a) safeguarding their rights and freedoms; and\n- (b) balancing their rights and freedoms with the rights and freedoms of other people; and\n- (c) promoting their individual development and enhancing their opportunities for quality of life; and\n- (d) maximising their opportunities for reintegration into the community.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"How purpose is to be achieved","content":"### sec.4 How purpose is to be achieved\n\nThe purpose of this Act is to be achieved mainly by—\nstating the human rights and other principles applying to the administration of this Act in relation to forensic disability clients; and\nproviding for the detention, admission, assessment, care and support and protection of clients; and\nproviding for a multidisciplinary model of care and support for clients that is designed to promote their continual development, independence and quality of life; and\nwhen making a decision under this Act about a client, taking into account each of the following—\nthe protection of the community;\nthe needs of a victim of the alleged offence to which the applicable forensic order relates;\nthe client’s individual development plan, including any community treatment.\ns 4 amd 2016 No. 5 s 875\n- (a) stating the human rights and other principles applying to the administration of this Act in relation to forensic disability clients; and\n- (b) providing for the detention, admission, assessment, care and support and protection of clients; and\n- (c) providing for a multidisciplinary model of care and support for clients that is designed to promote their continual development, independence and quality of life; and\n- (d) when making a decision under this Act about a client, taking into account each of the following— (i) the protection of the community; (ii) the needs of a victim of the alleged offence to which the applicable forensic order relates; (iii) the client’s individual development plan, including any community treatment.\n- (i) the protection of the community;\n- (ii) the needs of a victim of the alleged offence to which the applicable forensic order relates;\n- (iii) the client’s individual development plan, including any community treatment.\n- (i) the protection of the community;\n- (ii) the needs of a victim of the alleged offence to which the applicable forensic order relates;\n- (iii) the client’s individual development plan, including any community treatment.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.\n(sec.5-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Application of Act","content":"### sec.6 Application of Act\n\nThis Act does not prevent a person who is receiving care and support in the forensic disability service under a forensic order (disability) continuing to receive care and support in the service after the order ends.\ns 6 amd 2016 No. 5 s 875","sortOrder":7},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Principles for administration of Act","content":"# Principles for administration of Act","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"General principles","content":"### sec.7 General principles\n\nThe following principles apply for the administration of this Act in relation to forensic disability clients—\nSame human rights\nthe right of all people to the same basic human rights must be recognised and taken into account\na person’s right to respect for the person’s human worth and dignity as an individual, and as part of human diversity and humanity, must be recognised and taken into account\na person’s right to live a life free from abuse, neglect or exploitation must be recognised and taken into account\npeople with a disability should be empowered to exercise their rights\nPromoting habilitation and rehabilitation\nto the greatest extent practicable, a person is to be supported to promote the person’s development potential and physical, mental, social and vocational ability, and to enhance the person’s quality of life\nsupport and services provided to a person under this Act must promote the person’s opportunities for participation and inclusion in the community\nMeeting individual needs and goals\nservices provided to a person under this Act should be responsive to the person’s needs and goals\na person’s physical, age-related, gender-related, religious, cultural, language, communication and other needs must be taken into account\nneeds arising because of the person’s community of origin\nMaintaining supportive relationships and community participation\ncare and support provided to a person under this Act must take into account the importance of the person’s continued participation in community life and maintenance of supportive relationships\nMatters to be considered in making decisions\na person is to be encouraged and supported to take part in making decisions affecting the person’s life, especially decisions about the services to be provided to the person under this Act\nin making a decision about a person, the person’s views, the views of any guardian or informal decision-maker for the person, and the effect on the person’s family or carers must be taken into account\na person is presumed to have capacity to make decisions about the person’s care and support and choice of an allied person\nProviding support and information for exercising rights\na person must be provided with necessary support, and necessary information in an appropriate accessible format, to enable the person to exercise rights under this Act\nsupport and information facilitating access to necessary independent help to represent the person’s point of view\nConfidentiality\na person’s right to confidentiality of information about the person must be recognised and taken into account.\nSee chapter 9 , part 4 for provisions about confidentiality.\ns 7 amd 2016 No. 5 s 877\n- (a) Same human rights • the right of all people to the same basic human rights must be recognised and taken into account • a person’s right to respect for the person’s human worth and dignity as an individual, and as part of human diversity and humanity, must be recognised and taken into account • a person’s right to live a life free from abuse, neglect or exploitation must be recognised and taken into account • people with a disability should be empowered to exercise their rights\n- • the right of all people to the same basic human rights must be recognised and taken into account\n- • a person’s right to respect for the person’s human worth and dignity as an individual, and as part of human diversity and humanity, must be recognised and taken into account\n- • a person’s right to live a life free from abuse, neglect or exploitation must be recognised and taken into account\n- • people with a disability should be empowered to exercise their rights\n- (b) Promoting habilitation and rehabilitation • to the greatest extent practicable, a person is to be supported to promote the person’s development potential and physical, mental, social and vocational ability, and to enhance the person’s quality of life • support and services provided to a person under this Act must promote the person’s opportunities for participation and inclusion in the community\n- • to the greatest extent practicable, a person is to be supported to promote the person’s development potential and physical, mental, social and vocational ability, and to enhance the person’s quality of life\n- • support and services provided to a person under this Act must promote the person’s opportunities for participation and inclusion in the community\n- (c) Meeting individual needs and goals • services provided to a person under this Act should be responsive to the person’s needs and goals • a person’s physical, age-related, gender-related, religious, cultural, language, communication and other needs must be taken into account Example of other needs— needs arising because of the person’s community of origin\n- • services provided to a person under this Act should be responsive to the person’s needs and goals\n- • a person’s physical, age-related, gender-related, religious, cultural, language, communication and other needs must be taken into account Example of other needs— needs arising because of the person’s community of origin\n- (d) Maintaining supportive relationships and community participation • care and support provided to a person under this Act must take into account the importance of the person’s continued participation in community life and maintenance of supportive relationships\n- • care and support provided to a person under this Act must take into account the importance of the person’s continued participation in community life and maintenance of supportive relationships\n- (e) Matters to be considered in making decisions • a person is to be encouraged and supported to take part in making decisions affecting the person’s life, especially decisions about the services to be provided to the person under this Act • in making a decision about a person, the person’s views, the views of any guardian or informal decision-maker for the person, and the effect on the person’s family or carers must be taken into account • a person is presumed to have capacity to make decisions about the person’s care and support and choice of an allied person\n- • a person is to be encouraged and supported to take part in making decisions affecting the person’s life, especially decisions about the services to be provided to the person under this Act\n- • in making a decision about a person, the person’s views, the views of any guardian or informal decision-maker for the person, and the effect on the person’s family or carers must be taken into account\n- • a person is presumed to have capacity to make decisions about the person’s care and support and choice of an allied person\n- (f) Providing support and information for exercising rights • a person must be provided with necessary support, and necessary information in an appropriate accessible format, to enable the person to exercise rights under this Act Example of necessary support and information— support and information facilitating access to necessary independent help to represent the person’s point of view\n- • a person must be provided with necessary support, and necessary information in an appropriate accessible format, to enable the person to exercise rights under this Act Example of necessary support and information— support and information facilitating access to necessary independent help to represent the person’s point of view\n- (g) Confidentiality • a person’s right to confidentiality of information about the person must be recognised and taken into account. Note— See chapter 9 , part 4 for provisions about confidentiality.\n- • a person’s right to confidentiality of information about the person must be recognised and taken into account. Note— See chapter 9 , part 4 for provisions about confidentiality.\n- • the right of all people to the same basic human rights must be recognised and taken into account\n- • a person’s right to respect for the person’s human worth and dignity as an individual, and as part of human diversity and humanity, must be recognised and taken into account\n- • a person’s right to live a life free from abuse, neglect or exploitation must be recognised and taken into account\n- • people with a disability should be empowered to exercise their rights\n- • to the greatest extent practicable, a person is to be supported to promote the person’s development potential and physical, mental, social and vocational ability, and to enhance the person’s quality of life\n- • support and services provided to a person under this Act must promote the person’s opportunities for participation and inclusion in the community\n- • services provided to a person under this Act should be responsive to the person’s needs and goals\n- • a person’s physical, age-related, gender-related, religious, cultural, language, communication and other needs must be taken into account Example of other needs— needs arising because of the person’s community of origin\n- • care and support provided to a person under this Act must take into account the importance of the person’s continued participation in community life and maintenance of supportive relationships\n- • a person is to be encouraged and supported to take part in making decisions affecting the person’s life, especially decisions about the services to be provided to the person under this Act\n- • in making a decision about a person, the person’s views, the views of any guardian or informal decision-maker for the person, and the effect on the person’s family or carers must be taken into account\n- • a person is presumed to have capacity to make decisions about the person’s care and support and choice of an allied person\n- • a person must be provided with necessary support, and necessary information in an appropriate accessible format, to enable the person to exercise rights under this Act Example of necessary support and information— support and information facilitating access to necessary independent help to represent the person’s point of view\n- • a person’s right to confidentiality of information about the person must be recognised and taken into account. Note— See chapter 9 , part 4 for provisions about confidentiality.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Principles for exercising powers and performing functions","content":"### sec.8 Principles for exercising powers and performing functions\n\nA power or function under this Act relating to a forensic disability client must be exercised or performed so that—\nthe client’s liberty and rights are adversely affected only if it is the least restrictive way to protect the client’s health and safety or to protect others; and\nany adverse effect on the client’s liberty and rights is the minimum necessary in the circumstances.\n- (a) the client’s liberty and rights are adversely affected only if it is the least restrictive way to protect the client’s health and safety or to protect others; and\n- (b) any adverse effect on the client’s liberty and rights is the minimum necessary in the circumstances.","sortOrder":10},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Definitions","content":"### sec.9 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.\ns 9 amd 2011 No. 13 s 270 sch 2 pt 1","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Who is a forensic disability client","content":"### sec.10 Who is a forensic disability client\n\nA forensic disability client is an adult who has an intellectual or cognitive disability for whom a forensic order (disability) is in force if, under the Mental Health Act , the forensic disability service is responsible for the adult.\nSee the Mental Health Act , section 147 in relation to who is responsible for an adult for whom a forensic order (disability) is in force.\nTo remove any doubt, it is declared that a person who is a forensic disability client remains a forensic disability client while undertaking any community treatment under this Act.\ns 10 amd 2016 No. 5 s 878\n(sec.10-ssec.1) A forensic disability client is an adult who has an intellectual or cognitive disability for whom a forensic order (disability) is in force if, under the Mental Health Act , the forensic disability service is responsible for the adult. See the Mental Health Act , section 147 in relation to who is responsible for an adult for whom a forensic order (disability) is in force.\n(sec.10-ssec.2) To remove any doubt, it is declared that a person who is a forensic disability client remains a forensic disability client while undertaking any community treatment under this Act.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is a cognitive disability","content":"### sec.11 What is a cognitive disability\n\nA cognitive disability is a condition that is—\nattributable to a cognitive impairment; and\na disability within the meaning of the Disability Services Act .\n- (a) attributable to a cognitive impairment; and\n- (b) a disability within the meaning of the Disability Services Act .","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"What is an intellectual disability","content":"### sec.12 What is an intellectual disability\n\nAn intellectual disability is a disability within the meaning of the Disability Services Act that—\nis characterised by significant limitations in intellectual functioning and adaptive behaviour; and\noriginates in a person before the age of 18.\nSchedule 1 provides for assessing a person’s intellectual functioning and adaptive behaviour for subsection (1) (a) .\n(sec.12-ssec.1) An intellectual disability is a disability within the meaning of the Disability Services Act that— is characterised by significant limitations in intellectual functioning and adaptive behaviour; and originates in a person before the age of 18.\n(sec.12-ssec.2) Schedule 1 provides for assessing a person’s intellectual functioning and adaptive behaviour for subsection (1) (a) .\n- (a) is characterised by significant limitations in intellectual functioning and adaptive behaviour; and\n- (b) originates in a person before the age of 18.","sortOrder":15},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Individual development plans","content":"# Individual development plans","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"What is an individual development plan","content":"### sec.13 What is an individual development plan\n\nAn individual development plan is a written plan, complying with this Act, developed following a multidisciplinary assessment of a forensic disability client and designed—\nto promote the client’s development, habilitation and rehabilitation; and\nto provide for the client’s care and support; and\nwhen appropriate, to support the client’s reintegration into the community.\nSee section 15 for the content of the plan.\nIn this section—\nmultidisciplinary assessment means an assessment by 2 or more persons—\nwith the qualifications or experience appropriate to conduct the assessment; and\nwhose qualifications or experience are in different disciplines.\nbehaviour specialists, doctors, psychologists, psychiatrists, speech and language pathologists, occupational therapists, registered nurses, social workers\n(sec.13-ssec.1) An individual development plan is a written plan, complying with this Act, developed following a multidisciplinary assessment of a forensic disability client and designed— to promote the client’s development, habilitation and rehabilitation; and to provide for the client’s care and support; and when appropriate, to support the client’s reintegration into the community. See section 15 for the content of the plan.\n(sec.13-ssec.2) In this section— multidisciplinary assessment means an assessment by 2 or more persons— with the qualifications or experience appropriate to conduct the assessment; and whose qualifications or experience are in different disciplines. behaviour specialists, doctors, psychologists, psychiatrists, speech and language pathologists, occupational therapists, registered nurses, social workers\n- (a) to promote the client’s development, habilitation and rehabilitation; and\n- (b) to provide for the client’s care and support; and\n- (c) when appropriate, to support the client’s reintegration into the community.\n- (a) with the qualifications or experience appropriate to conduct the assessment; and\n- (b) whose qualifications or experience are in different disciplines.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Preparing plan for client","content":"### sec.14 Preparing plan for client\n\nA senior practitioner must ensure an individual development plan is prepared for a forensic disability client.\nFor preparing the plan, the senior practitioner must consult with and consider the views of the following persons—\nthe client;\nif the client has a guardian or an informal decision-maker—the guardian or informal decision-maker, or each of those persons, as the case may be;\nanyone else the senior practitioner considers to be integral to the plan’s preparation.\na family member who is part of the client’s support network, the client’s allied person or an advocate for the client\nThe plan must be prepared having regard to any relevant policies and procedures about the care and support and protection of forensic disability clients issued by the director under this Act.\nThe plan must also take into account any relevant plans or advance health directive for the client.\nDespite subsection (2) (b) , the senior practitioner is not required to consult with a person who is an informal decision-maker for the client if—\nthe senior practitioner is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the client; or\nafter taking all reasonable steps, the senior practitioner can not locate the person.\nIn this section—\nrelevant plans include the following—\nan individual development plan;\na positive behaviour support plan within the meaning of the Disability Services Act ;\nfor a client transferred from an authorised mental health service to the forensic disability service—any planned treatment and care recorded in the client’s health records under the Mental Health Act immediately before the transfer.\ns 14 amd 2016 No. 5 s 879\n(sec.14-ssec.1) A senior practitioner must ensure an individual development plan is prepared for a forensic disability client.\n(sec.14-ssec.2) For preparing the plan, the senior practitioner must consult with and consider the views of the following persons— the client; if the client has a guardian or an informal decision-maker—the guardian or informal decision-maker, or each of those persons, as the case may be; anyone else the senior practitioner considers to be integral to the plan’s preparation. a family member who is part of the client’s support network, the client’s allied person or an advocate for the client\n(sec.14-ssec.3) The plan must be prepared having regard to any relevant policies and procedures about the care and support and protection of forensic disability clients issued by the director under this Act.\n(sec.14-ssec.4) The plan must also take into account any relevant plans or advance health directive for the client.\n(sec.14-ssec.5) Despite subsection (2) (b) , the senior practitioner is not required to consult with a person who is an informal decision-maker for the client if— the senior practitioner is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the client; or after taking all reasonable steps, the senior practitioner can not locate the person.\n(sec.14-ssec.6) In this section— relevant plans include the following— an individual development plan; a positive behaviour support plan within the meaning of the Disability Services Act ; for a client transferred from an authorised mental health service to the forensic disability service—any planned treatment and care recorded in the client’s health records under the Mental Health Act immediately before the transfer.\n- (a) the client;\n- (b) if the client has a guardian or an informal decision-maker—the guardian or informal decision-maker, or each of those persons, as the case may be;\n- (c) anyone else the senior practitioner considers to be integral to the plan’s preparation. Example— a family member who is part of the client’s support network, the client’s allied person or an advocate for the client\n- (a) the senior practitioner is not, and could not reasonably be expected to be, aware the person is an informal decision-maker for the client; or\n- (b) after taking all reasonable steps, the senior practitioner can not locate the person.\n- (a) an individual development plan;\n- (b) a positive behaviour support plan within the meaning of the Disability Services Act ;\n- (c) for a client transferred from an authorised mental health service to the forensic disability service—any planned treatment and care recorded in the client’s health records under the Mental Health Act immediately before the transfer.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Content of plan","content":"### sec.15 Content of plan\n\nThe individual development plan must state each of the following—\nan outline of the proposed arrangements for the provision of programs or services for—\npromoting the client’s development, habilitation, rehabilitation and quality of life; and\nreducing the intensity, frequency and duration of the client’s behaviour that places the client’s health or safety or the safety of others at risk; and\nwhen appropriate, supporting the client’s reintegration into the community;\nprograms for developing communication skills, motor skills, life skills or a combination of those skills\nprograms that encourage positive behaviour\nan outline of the proposed plan for the client’s transition to participation and inclusion in the community;\nthe intervals for regularly reviewing and, if necessary, changing the plan to ensure its continued appropriateness for promoting the client’s development and independence and supporting the client to participate and to be included in the community;\nthe intervals for the client’s regular assessment.\nSection 19 deals with the client’s regular assessment.\nThe plan must include a risk management plan for the client.\nThe plan must also—\ninclude the details of any medication prescribed for the client by a doctor; and\nstate the intervals, of not more than 3 months, for regularly reviewing the client’s medication as required under sections 52 and 145 .\nSee also section 22 for what the plan must include about community treatment.\ns 15 amd 2016 No. 5 s 880\n(sec.15-ssec.1) The individual development plan must state each of the following— an outline of the proposed arrangements for the provision of programs or services for— promoting the client’s development, habilitation, rehabilitation and quality of life; and reducing the intensity, frequency and duration of the client’s behaviour that places the client’s health or safety or the safety of others at risk; and when appropriate, supporting the client’s reintegration into the community; programs for developing communication skills, motor skills, life skills or a combination of those skills programs that encourage positive behaviour an outline of the proposed plan for the client’s transition to participation and inclusion in the community; the intervals for regularly reviewing and, if necessary, changing the plan to ensure its continued appropriateness for promoting the client’s development and independence and supporting the client to participate and to be included in the community; the intervals for the client’s regular assessment. Section 19 deals with the client’s regular assessment.\n(sec.15-ssec.2) The plan must include a risk management plan for the client.\n(sec.15-ssec.3) The plan must also— include the details of any medication prescribed for the client by a doctor; and state the intervals, of not more than 3 months, for regularly reviewing the client’s medication as required under sections 52 and 145 . See also section 22 for what the plan must include about community treatment.\n- (a) an outline of the proposed arrangements for the provision of programs or services for— (i) promoting the client’s development, habilitation, rehabilitation and quality of life; and (ii) reducing the intensity, frequency and duration of the client’s behaviour that places the client’s health or safety or the safety of others at risk; and (iii) when appropriate, supporting the client’s reintegration into the community; Examples of programs or services for paragraph (a) — • programs for developing communication skills, motor skills, life skills or a combination of those skills • programs that encourage positive behaviour\n- (i) promoting the client’s development, habilitation, rehabilitation and quality of life; and\n- (ii) reducing the intensity, frequency and duration of the client’s behaviour that places the client’s health or safety or the safety of others at risk; and\n- (iii) when appropriate, supporting the client’s reintegration into the community;\n- • programs for developing communication skills, motor skills, life skills or a combination of those skills\n- • programs that encourage positive behaviour\n- (b) an outline of the proposed plan for the client’s transition to participation and inclusion in the community;\n- (c) the intervals for regularly reviewing and, if necessary, changing the plan to ensure its continued appropriateness for promoting the client’s development and independence and supporting the client to participate and to be included in the community;\n- (d) the intervals for the client’s regular assessment. Note— Section 19 deals with the client’s regular assessment.\n- (i) promoting the client’s development, habilitation, rehabilitation and quality of life; and\n- (ii) reducing the intensity, frequency and duration of the client’s behaviour that places the client’s health or safety or the safety of others at risk; and\n- (iii) when appropriate, supporting the client’s reintegration into the community;\n- • programs for developing communication skills, motor skills, life skills or a combination of those skills\n- • programs that encourage positive behaviour\n- (a) include the details of any medication prescribed for the client by a doctor; and\n- (b) state the intervals, of not more than 3 months, for regularly reviewing the client’s medication as required under sections 52 and 145 .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Senior practitioner must tell client about plan","content":"### sec.16 Senior practitioner must tell client about plan\n\nA senior practitioner must talk to the client about the client’s care and support under the individual development plan.\nIf the client has a guardian or an informal decision-maker, a senior practitioner must also talk to the guardian or informal decision-maker, or each of those persons, as the case may be, about the client’s care and support under the plan.\nSee section 146 about complying with provisions as soon as practicable, section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.\n(sec.16-ssec.1) A senior practitioner must talk to the client about the client’s care and support under the individual development plan.\n(sec.16-ssec.2) If the client has a guardian or an informal decision-maker, a senior practitioner must also talk to the guardian or informal decision-maker, or each of those persons, as the case may be, about the client’s care and support under the plan. See section 146 about complying with provisions as soon as practicable, section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Changing plan","content":"### sec.17 Changing plan\n\nA senior practitioner, or an authorised practitioner authorised for the purpose by a senior practitioner, may change the client’s individual development plan.\nFor changing the plan under subsection (1) , section 14 (2) to (5) applies as if—\na reference in those provisions to preparing an individual development plan were a reference to changing an individual development plan; and\na reference in those provisions to a senior practitioner included a reference to the authorised practitioner.\nA senior practitioner must change the client’s individual development plan—\nto give effect to a decision or order of the tribunal or Mental Health Court; or\nto comply with section 22 or 73 .\nA senior practitioner or authorised practitioner mentioned in subsection (1) who changes the client’s individual development plan must—\nmake a written record of the change and the reasons for it; and\ntalk to the client about the change and reasons.\nIf the client has a guardian or an informal decision-maker, a senior practitioner must also talk to the guardian or informal decision-maker, or each of those persons, as the case may be, about the change and the reasons for it.\nSee section 146 about complying with provisions as soon as practicable, section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.\n(sec.17-ssec.1) A senior practitioner, or an authorised practitioner authorised for the purpose by a senior practitioner, may change the client’s individual development plan.\n(sec.17-ssec.2) For changing the plan under subsection (1) , section 14 (2) to (5) applies as if— a reference in those provisions to preparing an individual development plan were a reference to changing an individual development plan; and a reference in those provisions to a senior practitioner included a reference to the authorised practitioner.\n(sec.17-ssec.3) A senior practitioner must change the client’s individual development plan— to give effect to a decision or order of the tribunal or Mental Health Court; or to comply with section 22 or 73 .\n(sec.17-ssec.4) A senior practitioner or authorised practitioner mentioned in subsection (1) who changes the client’s individual development plan must— make a written record of the change and the reasons for it; and talk to the client about the change and reasons.\n(sec.17-ssec.5) If the client has a guardian or an informal decision-maker, a senior practitioner must also talk to the guardian or informal decision-maker, or each of those persons, as the case may be, about the change and the reasons for it. See section 146 about complying with provisions as soon as practicable, section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.\n- (a) a reference in those provisions to preparing an individual development plan were a reference to changing an individual development plan; and\n- (b) a reference in those provisions to a senior practitioner included a reference to the authorised practitioner.\n- (a) to give effect to a decision or order of the tribunal or Mental Health Court; or\n- (b) to comply with section 22 or 73 .\n- (a) make a written record of the change and the reasons for it; and\n- (b) talk to the client about the change and reasons.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Care and support under plan","content":"### sec.18 Care and support under plan\n\nThe administrator must ensure the client receives care and support and protection as required under the individual development plan.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Regular assessment of client","content":"### sec.19 Regular assessment of client\n\nThe administrator must ensure a senior practitioner carries out regular assessments of the client as required under the individual development plan.\nA senior practitioner carrying out an assessment of the client must record details of it in the client’s file.\n(sec.19-ssec.1) The administrator must ensure a senior practitioner carries out regular assessments of the client as required under the individual development plan.\n(sec.19-ssec.2) A senior practitioner carrying out an assessment of the client must record details of it in the client’s file.","sortOrder":23},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Community treatment","content":"# Community treatment","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Authorising community treatment","content":"### sec.20 Authorising community treatment\n\nA senior practitioner may, for a forensic disability client’s individual development plan, authorise community treatment for the client.\nHowever, the senior practitioner may authorise the community treatment only if—\nthe tribunal or Mental Health Court has ordered or approved the community treatment; and\nthe senior practitioner is satisfied, having regard to the matters stated in subsection (3) , there is not an unacceptable risk to the safety of the community, because of the client’s intellectual or cognitive disability, including the risk of serious harm to other persons or property.\nFor subsection (2) , the senior practitioner must have regard to the following matters—\nfor limited community treatment—the fact that the purpose of limited community treatment is to support the client’s rehabilitation by transitioning the client to living in the community with appropriate care and support;\nthe client’s current mental state and intellectual disability;\nthe client’s social circumstances, including, for example, family and social support;\nthe client’s response to care and support including, if relevant, the client’s response to care and support in the community;\nthe client’s willingness to continue to receive appropriate care and support;\nthe nature of the unlawful act that led to the making of the applicable forensic order and the amount of time that has passed since the act occurred.\nAlso, if the senior practitioner authorises the community treatment, the senior practitioner must have regard to the matters mentioned in subsection (3) in deciding the nature and conditions of the community treatment.\ns 20 amd 2016 No. 5 s 882\n(sec.20-ssec.1) A senior practitioner may, for a forensic disability client’s individual development plan, authorise community treatment for the client.\n(sec.20-ssec.2) However, the senior practitioner may authorise the community treatment only if— the tribunal or Mental Health Court has ordered or approved the community treatment; and the senior practitioner is satisfied, having regard to the matters stated in subsection (3) , there is not an unacceptable risk to the safety of the community, because of the client’s intellectual or cognitive disability, including the risk of serious harm to other persons or property.\n(sec.20-ssec.3) For subsection (2) , the senior practitioner must have regard to the following matters— for limited community treatment—the fact that the purpose of limited community treatment is to support the client’s rehabilitation by transitioning the client to living in the community with appropriate care and support; the client’s current mental state and intellectual disability; the client’s social circumstances, including, for example, family and social support; the client’s response to care and support including, if relevant, the client’s response to care and support in the community; the client’s willingness to continue to receive appropriate care and support; the nature of the unlawful act that led to the making of the applicable forensic order and the amount of time that has passed since the act occurred.\n(sec.20-ssec.4) Also, if the senior practitioner authorises the community treatment, the senior practitioner must have regard to the matters mentioned in subsection (3) in deciding the nature and conditions of the community treatment.\n- (a) the tribunal or Mental Health Court has ordered or approved the community treatment; and\n- (b) the senior practitioner is satisfied, having regard to the matters stated in subsection (3) , there is not an unacceptable risk to the safety of the community, because of the client’s intellectual or cognitive disability, including the risk of serious harm to other persons or property.\n- (a) for limited community treatment—the fact that the purpose of limited community treatment is to support the client’s rehabilitation by transitioning the client to living in the community with appropriate care and support;\n- (b) the client’s current mental state and intellectual disability;\n- (c) the client’s social circumstances, including, for example, family and social support;\n- (d) the client’s response to care and support including, if relevant, the client’s response to care and support in the community;\n- (e) the client’s willingness to continue to receive appropriate care and support;\n- (f) the nature of the unlawful act that led to the making of the applicable forensic order and the amount of time that has passed since the act occurred.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Community treatment on order of tribunal or Mental Health Court","content":"### sec.21 Community treatment on order of tribunal or Mental Health Court\n\nIf the tribunal or Mental Health Court orders that a forensic disability client have community treatment, the administrator must ensure a senior practitioner changes the client’s individual development plan to give effect to the order.\ns 21 amd 2016 No. 5 s 883","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"What individual development plan must state about community treatment","content":"### sec.22 What individual development plan must state about community treatment\n\nIf a forensic disability client is authorised to have community treatment under section 20 , or ordered to have community treatment as mentioned in section 21 , the client’s individual development plan must include, or be changed to include, in specific terms—\nany periods, whether or not continuous, of the community treatment; and\nthe conditions a senior practitioner considers necessary for managing the client’s care and support and protecting the client’s health or safety or the safety of others while the client is undertaking the community treatment.\ns 22 amd 2016 No. 5 s 884\n- (a) any periods, whether or not continuous, of the community treatment; and\n- (b) the conditions a senior practitioner considers necessary for managing the client’s care and support and protecting the client’s health or safety or the safety of others while the client is undertaking the community treatment.","sortOrder":27},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Statement of rights","content":"# Statement of rights","sortOrder":28},{"sectionNumber":"sec.29","sectionType":"section","heading":"Preparing statement of rights","content":"### sec.29 Preparing statement of rights\n\nThe director must prepare a written statement (the statement of rights ) containing information about—\nthe rights of forensic disability clients and their allied persons under this Act; and\nthe rights of clients to make complaints about the service provided at the forensic disability service and how the complaints are made.\nThe statement of rights may also contain anything else the director considers appropriate.\n(sec.29-ssec.1) The director must prepare a written statement (the statement of rights ) containing information about— the rights of forensic disability clients and their allied persons under this Act; and the rights of clients to make complaints about the service provided at the forensic disability service and how the complaints are made.\n(sec.29-ssec.2) The statement of rights may also contain anything else the director considers appropriate.\n- (a) the rights of forensic disability clients and their allied persons under this Act; and\n- (b) the rights of clients to make complaints about the service provided at the forensic disability service and how the complaints are made.","sortOrder":29},{"sectionNumber":"sec.30","sectionType":"section","heading":"Giving statement of rights to client and allied person","content":"### sec.30 Giving statement of rights to client and allied person\n\nAfter a forensic disability client is admitted to the forensic disability service, the administrator must give a copy of the statement of rights so far as it is relevant to the client to—\nthe client; and\nthe client’s allied person.\nIn addition to the statement, the administrator must ensure the client is given an oral explanation of the information in the statement.\nSee section 146 about complying with provisions as soon as practicable and section 154 about ensuring the client understands things told or explained to the client.\n(sec.30-ssec.1) After a forensic disability client is admitted to the forensic disability service, the administrator must give a copy of the statement of rights so far as it is relevant to the client to— the client; and the client’s allied person.\n(sec.30-ssec.2) In addition to the statement, the administrator must ensure the client is given an oral explanation of the information in the statement. See section 146 about complying with provisions as soon as practicable and section 154 about ensuring the client understands things told or explained to the client.\n- (a) the client; and\n- (b) the client’s allied person.","sortOrder":30},{"sectionNumber":"sec.31","sectionType":"section","heading":"Notice of rights","content":"### sec.31 Notice of rights\n\nThe administrator must ensure a copy of the statement of rights is displayed in a prominent place in the forensic disability service so it is easily visible to forensic disability clients and their allied persons.","sortOrder":31},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Rights of persons other than forensic disability service employees to visit client etc.","content":"# Rights of persons other than forensic disability service employees to visit client etc.","sortOrder":32},{"sectionNumber":"sec.32","sectionType":"section","heading":"Visiting and assessing client and consulting about client’s care and support","content":"### sec.32 Visiting and assessing client and consulting about client’s care and support\n\nA registered health practitioner, speech pathologist or social worker engaged in providing disability services, other than a forensic disability service employee, may at any reasonable time of the day or night—\nvisit and assess a forensic disability client detained in the forensic disability service; or\nconsult with a senior practitioner about the care and support of a forensic disability client.\nSubsection (1) does not affect a right or obligation of a forensic disability service employee in relation to a client under this Act.\nA legal or other adviser for a forensic disability client detained in the forensic disability service may visit the client at any reasonable time of the day or night.\nThe registered health practitioner, speech pathologist, social worker or adviser may exercise a power under subsection (1) or (2) —\nonly if asked by the client or someone else on the client’s behalf; and\nonly under an arrangement made with the administrator.\ns 32 amd 2013 No. 13 s 16\n(sec.32-ssec.1) A registered health practitioner, speech pathologist or social worker engaged in providing disability services, other than a forensic disability service employee, may at any reasonable time of the day or night— visit and assess a forensic disability client detained in the forensic disability service; or consult with a senior practitioner about the care and support of a forensic disability client. Subsection (1) does not affect a right or obligation of a forensic disability service employee in relation to a client under this Act.\n(sec.32-ssec.2) A legal or other adviser for a forensic disability client detained in the forensic disability service may visit the client at any reasonable time of the day or night.\n(sec.32-ssec.3) The registered health practitioner, speech pathologist, social worker or adviser may exercise a power under subsection (1) or (2) — only if asked by the client or someone else on the client’s behalf; and only under an arrangement made with the administrator.\n- (a) visit and assess a forensic disability client detained in the forensic disability service; or\n- (b) consult with a senior practitioner about the care and support of a forensic disability client.\n- (a) only if asked by the client or someone else on the client’s behalf; and\n- (b) only under an arrangement made with the administrator.","sortOrder":33},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Temporary absence","content":"# Temporary absence","sortOrder":34},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Absence of client with director’s approval","content":"### sec.32A Absence of client with director’s approval\n\nThe director may, by written notice, approve the absence of a forensic disability client from the forensic disability service—\nto receive medical, dental or optical treatment; or\nto appear before a court, tribunal or other body; or\nfor another purpose the director considers to be appropriate on compassionate grounds.\nThe notice must state the approved period of absence.\nThe approval may be given on the conditions the director considers appropriate, including, for example, a condition that the client is to be in the care of a stated person for the period of absence.\ns 32A ins 2016 No. 5 s 886\n(sec.32A-ssec.1) The director may, by written notice, approve the absence of a forensic disability client from the forensic disability service— to receive medical, dental or optical treatment; or to appear before a court, tribunal or other body; or for another purpose the director considers to be appropriate on compassionate grounds.\n(sec.32A-ssec.2) The notice must state the approved period of absence.\n(sec.32A-ssec.3) The approval may be given on the conditions the director considers appropriate, including, for example, a condition that the client is to be in the care of a stated person for the period of absence.\n- (a) to receive medical, dental or optical treatment; or\n- (b) to appear before a court, tribunal or other body; or\n- (c) for another purpose the director considers to be appropriate on compassionate grounds.","sortOrder":35},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Rights of allied person","content":"# Rights of allied person","sortOrder":36},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Allied person to be notified of transfer of responsibility for forensic disability client","content":"### sec.32B Allied person to be notified of transfer of responsibility for forensic disability client\n\nThis section applies if the responsibility for a forensic disability client is transferred, under section 113A or the Mental Health Act , chapter 11 , part 5 —\nfrom the forensic disability service to an authorised mental health service; or\nfrom an authorised mental health service to the forensic disability service.\nThe administrator must give the client’s allied person notice of the transfer of responsibility for the client.\nSubsection (2) does not apply if the allied person is the client’s nominated support person under the Mental Health Act .\ns 32B ins 2016 No. 5 s 886\n(sec.32B-ssec.1) This section applies if the responsibility for a forensic disability client is transferred, under section 113A or the Mental Health Act , chapter 11 , part 5 — from the forensic disability service to an authorised mental health service; or from an authorised mental health service to the forensic disability service.\n(sec.32B-ssec.2) The administrator must give the client’s allied person notice of the transfer of responsibility for the client.\n(sec.32B-ssec.3) Subsection (2) does not apply if the allied person is the client’s nominated support person under the Mental Health Act .\n- (a) from the forensic disability service to an authorised mental health service; or\n- (b) from an authorised mental health service to the forensic disability service.","sortOrder":37},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":38},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2016 No. 5 s 887","sortOrder":39},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns 34 om 2016 No. 5 s 887","sortOrder":40},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns 35 om 2016 No. 5 s 887","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2016 No. 5 s 887","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 2016 No. 5 s 887","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2016 No. 5 s 887","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2016 No. 5 s 887","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2016 No. 5 s 887","sortOrder":46},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":47},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2016 No. 5 s 887","sortOrder":48},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Purpose of ch 6","content":"### sec.42 Purpose of ch 6\n\nThe purpose of this chapter is to protect the rights of forensic disability clients by regulating the use of behaviour control medication, restraint and seclusion (each a regulated behaviour control ) under this Act so that the regulated behaviour control is only used—\nif considered necessary and the least restrictive way to protect the health and safety of clients or to protect others; and\nin a way that—\nhas regard to the human rights of clients; and\naims to reduce or eliminate the need for its use; and\nensures transparency and accountability in its use.\n- (a) if considered necessary and the least restrictive way to protect the health and safety of clients or to protect others; and\n- (b) in a way that— (i) has regard to the human rights of clients; and (ii) aims to reduce or eliminate the need for its use; and (iii) ensures transparency and accountability in its use.\n- (i) has regard to the human rights of clients; and\n- (ii) aims to reduce or eliminate the need for its use; and\n- (iii) ensures transparency and accountability in its use.\n- (i) has regard to the human rights of clients; and\n- (ii) aims to reduce or eliminate the need for its use; and\n- (iii) ensures transparency and accountability in its use.","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Definitions for ch 6","content":"### sec.43 Definitions for ch 6\n\nIn this chapter—\nauthorised practitioner means an authorised practitioner whose instrument of appointment states that the practitioner may exercise the powers given to an authorised practitioner under this chapter.\nbehaviour control medication see section 44 .\nrestraint see section 45 .\nseclusion see section 46 .\nsenior practitioner means a senior practitioner whose instrument of appointment states that the practitioner may exercise the powers given to a senior practitioner under this chapter.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Meaning of behaviour control medication","content":"### sec.44 Meaning of behaviour control medication\n\nBehaviour control medication of a forensic disability client is the use of medication for the primary purpose of controlling the client’s behaviour.\nHowever, using medication for the client’s health care is not behaviour control medication.\nIn this section—\nhealth care see the Guardianship and Administration Act , schedule 2 , section 5 .\n(sec.44-ssec.1) Behaviour control medication of a forensic disability client is the use of medication for the primary purpose of controlling the client’s behaviour.\n(sec.44-ssec.2) However, using medication for the client’s health care is not behaviour control medication.\n(sec.44-ssec.3) In this section— health care see the Guardianship and Administration Act , schedule 2 , section 5 .","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":"Meaning of restraint","content":"### sec.45 Meaning of restraint\n\nRestraint of a forensic disability client is the restraint of the client by use of an approved mechanical appliance preventing the free movement of the client’s body or a limb of the client.\nHowever, the use of a surgical or medical appliance for the proper treatment of physical disease or injury is not restraint.\n(sec.45-ssec.1) Restraint of a forensic disability client is the restraint of the client by use of an approved mechanical appliance preventing the free movement of the client’s body or a limb of the client.\n(sec.45-ssec.2) However, the use of a surgical or medical appliance for the proper treatment of physical disease or injury is not restraint.","sortOrder":53},{"sectionNumber":"sec.46","sectionType":"section","heading":"Meaning of seclusion","content":"### sec.46 Meaning of seclusion\n\nSeclusion of a forensic disability client is the confinement of the client at any time of the day or night alone in a room or area from which the client’s free exit is prevented.","sortOrder":54},{"sectionNumber":"sec.47","sectionType":"section","heading":"Relationship with Disability Services Act","content":"### sec.47 Relationship with Disability Services Act\n\nThe Disability Services Act , part 6 applies to a forensic disability client only if the client is absent from the forensic disability service—\nwhile undertaking community treatment; or\nunder a temporary absence approval.\nThe Disability Services Act , part 6 deals with the use of restrictive practices within the meaning of that Act.\ns 47 amd 2006 No. 12 s 333 sch 2 (amd 2014 No. 12 ss 73 – 74 ); 2016 No. 5 s 888\n- (a) while undertaking community treatment; or\n- (b) under a temporary absence approval.","sortOrder":55},{"sectionNumber":"sec.48","sectionType":"section","heading":"Relationship with Guardianship and Administration Act","content":"### sec.48 Relationship with Guardianship and Administration Act\n\nThis chapter does not limit the extent to which a person is authorised under the Guardianship and Administration Act to make a decision about the health care of a person who is a forensic disability client.\nIn this section—\nhealth care see the Guardianship and Administration Act , schedule 2 , section 5 .\n(sec.48-ssec.1) This chapter does not limit the extent to which a person is authorised under the Guardianship and Administration Act to make a decision about the health care of a person who is a forensic disability client.\n(sec.48-ssec.2) In this section— health care see the Guardianship and Administration Act , schedule 2 , section 5 .","sortOrder":56},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Behaviour control","content":"# Behaviour control","sortOrder":57},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Behaviour control medication","content":"## Behaviour control medication","sortOrder":58},{"sectionNumber":"sec.49","sectionType":"section","heading":"Offence to administer behaviour control medication","content":"### sec.49 Offence to administer behaviour control medication\n\nA person must not administer behaviour control medication to a forensic disability client detained in the forensic disability service other than under this division.\nMaximum penalty—50 penalty units.","sortOrder":59},{"sectionNumber":"sec.50","sectionType":"section","heading":"Use of behaviour control medication","content":"### sec.50 Use of behaviour control medication\n\nA senior practitioner who is a doctor or registered nurse, or a doctor or registered nurse acting under the direction of a senior practitioner who is a doctor or registered nurse, may administer behaviour control medication to a forensic disability client detained in the forensic disability service if—\na psychiatrist prescribes the medication as a regulated behaviour control for the client; and\nthe medication is administered in accordance with the psychiatrist’s directions, including directions about the dose, route and frequency of the medication and any restrictions on its use; and\nSee also chapter 12 , part 1 for the use of other medication on a forensic disability client.\nthe client is observed in accordance with the psychiatrist’s directions.\n- (a) a psychiatrist prescribes the medication as a regulated behaviour control for the client; and\n- (b) the medication is administered in accordance with the psychiatrist’s directions, including directions about the dose, route and frequency of the medication and any restrictions on its use; and Note— See also chapter 12 , part 1 for the use of other medication on a forensic disability client.\n- (c) the client is observed in accordance with the psychiatrist’s directions.","sortOrder":60},{"sectionNumber":"sec.51","sectionType":"section","heading":"Obligations of senior practitioner","content":"### sec.51 Obligations of senior practitioner\n\nIf a psychiatrist prescribes the behaviour control medication as a regulated behaviour control for the client, a senior practitioner must ensure details of the medication, as prescribed by the psychiatrist, are included in—\nthe client’s file; and\nthe client’s individual development plan as required under section 15 (3) .\nIf the medication is administered to the client under section 50 , the senior practitioner who administered it, or under whose direction it was administered, must ensure the following details are recorded in the client’s file—\nthe name of the medication that was administered;\nthe time it was administered;\nthe person who administered it;\nfor medication to be administered as and when needed—the circumstances in which it was administered.\n(sec.51-ssec.1) If a psychiatrist prescribes the behaviour control medication as a regulated behaviour control for the client, a senior practitioner must ensure details of the medication, as prescribed by the psychiatrist, are included in— the client’s file; and the client’s individual development plan as required under section 15 (3) .\n(sec.51-ssec.2) If the medication is administered to the client under section 50 , the senior practitioner who administered it, or under whose direction it was administered, must ensure the following details are recorded in the client’s file— the name of the medication that was administered; the time it was administered; the person who administered it; for medication to be administered as and when needed—the circumstances in which it was administered.\n- (a) the client’s file; and\n- (b) the client’s individual development plan as required under section 15 (3) .\n- (a) the name of the medication that was administered;\n- (b) the time it was administered;\n- (c) the person who administered it;\n- (d) for medication to be administered as and when needed—the circumstances in which it was administered.","sortOrder":61},{"sectionNumber":"sec.52","sectionType":"section","heading":"Review of client’s behaviour control medication","content":"### sec.52 Review of client’s behaviour control medication\n\nA senior practitioner must ensure a psychiatrist regularly reviews the client’s need for, and the appropriateness of, the behaviour control medication prescribed for the client.\nThe review must be carried out at least every 3 months.\nAlso, if requested by the director, a senior practitioner must ensure a psychiatrist carries out an immediate review of the client’s behaviour control medication as mentioned in subsection (1) .\nThe psychiatrist must record details of the review in the client’s file.\n(sec.52-ssec.1) A senior practitioner must ensure a psychiatrist regularly reviews the client’s need for, and the appropriateness of, the behaviour control medication prescribed for the client.\n(sec.52-ssec.2) The review must be carried out at least every 3 months.\n(sec.52-ssec.3) Also, if requested by the director, a senior practitioner must ensure a psychiatrist carries out an immediate review of the client’s behaviour control medication as mentioned in subsection (1) .\n(sec.52-ssec.4) The psychiatrist must record details of the review in the client’s file.","sortOrder":62},{"sectionNumber":"sec.53","sectionType":"section","heading":"Consent of client not required","content":"### sec.53 Consent of client not required\n\nIt is not necessary to obtain the client’s consent to the administration of behaviour control medication to the client under this division.","sortOrder":63},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Restraint","content":"## Restraint","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"Offence to use restraint","content":"### sec.54 Offence to use restraint\n\nA person must not use restraint on a forensic disability client detained in the forensic disability service other than under this division.\nMaximum penalty—50 penalty units.","sortOrder":65},{"sectionNumber":"sec.55","sectionType":"section","heading":"Approval of appliances for restraint","content":"### sec.55 Approval of appliances for restraint\n\nThe director must—\napprove the mechanical appliances that may be used for the restraint of a forensic disability client; and\nstate the approved mechanical appliances in a policy or procedure issued under section 91 .\n- (a) approve the mechanical appliances that may be used for the restraint of a forensic disability client; and\n- (b) state the approved mechanical appliances in a policy or procedure issued under section 91 .","sortOrder":66},{"sectionNumber":"sec.56","sectionType":"section","heading":"Authorisation of use of restraint","content":"### sec.56 Authorisation of use of restraint\n\nThe director may authorise the use of restraint on a forensic disability client only if satisfied it is the least restrictive way to protect the client’s health and safety or to protect others.\nIn authorising the restraint, the director—\nmust have regard to the client’s individual development plan; and\nmust authorise the restraint to be applied for only the minimum period or periods possible.\nThe authorisation must be given by written order to a senior practitioner or authorised practitioner.\nThe order must state the following—\nthe type of restraint authorised to be used;\nthe reasons for the restraint;\nany restrictions on the circumstances in which the restraint may be used;\nthe maximum period or periods for which the restraint may be used;\nthe intervals at which the client must be observed while restrained;\nany special measures necessary to ensure the client’s proper care and support while restrained;\nthe time (not longer than 3 hours after the order is made) when the authorisation ends.\n(sec.56-ssec.1) The director may authorise the use of restraint on a forensic disability client only if satisfied it is the least restrictive way to protect the client’s health and safety or to protect others.\n(sec.56-ssec.2) In authorising the restraint, the director— must have regard to the client’s individual development plan; and must authorise the restraint to be applied for only the minimum period or periods possible.\n(sec.56-ssec.3) The authorisation must be given by written order to a senior practitioner or authorised practitioner.\n(sec.56-ssec.4) The order must state the following— the type of restraint authorised to be used; the reasons for the restraint; any restrictions on the circumstances in which the restraint may be used; the maximum period or periods for which the restraint may be used; the intervals at which the client must be observed while restrained; any special measures necessary to ensure the client’s proper care and support while restrained; the time (not longer than 3 hours after the order is made) when the authorisation ends.\n- (a) must have regard to the client’s individual development plan; and\n- (b) must authorise the restraint to be applied for only the minimum period or periods possible.\n- (a) the type of restraint authorised to be used;\n- (b) the reasons for the restraint;\n- (c) any restrictions on the circumstances in which the restraint may be used;\n- (d) the maximum period or periods for which the restraint may be used;\n- (e) the intervals at which the client must be observed while restrained;\n- (f) any special measures necessary to ensure the client’s proper care and support while restrained;\n- (g) the time (not longer than 3 hours after the order is made) when the authorisation ends.","sortOrder":67},{"sectionNumber":"sec.57","sectionType":"section","heading":"Obligations of senior practitioner and authorised practitioner","content":"### sec.57 Obligations of senior practitioner and authorised practitioner\n\nA senior practitioner or authorised practitioner must—\nensure a copy of the director’s order under section 56 is included in the client’s file; and\nuse the restraint as authorised by the director; and\nrecord the following details in the client’s file—\nthe type of restraint used;\nif the director’s order states any restrictions on the circumstances in which the restraint may be used—the circumstances in which the restraint was used;\nthe time the restraint was used;\nthe person who used the restraint;\nthe time the restraint was removed;\nthe person who removed the restraint.\n- (a) ensure a copy of the director’s order under section 56 is included in the client’s file; and\n- (b) use the restraint as authorised by the director; and\n- (c) record the following details in the client’s file— (i) the type of restraint used; (ii) if the director’s order states any restrictions on the circumstances in which the restraint may be used—the circumstances in which the restraint was used; (iii) the time the restraint was used; (iv) the person who used the restraint; (v) the time the restraint was removed; (vi) the person who removed the restraint.\n- (i) the type of restraint used;\n- (ii) if the director’s order states any restrictions on the circumstances in which the restraint may be used—the circumstances in which the restraint was used;\n- (iii) the time the restraint was used;\n- (iv) the person who used the restraint;\n- (v) the time the restraint was removed;\n- (vi) the person who removed the restraint.\n- (i) the type of restraint used;\n- (ii) if the director’s order states any restrictions on the circumstances in which the restraint may be used—the circumstances in which the restraint was used;\n- (iii) the time the restraint was used;\n- (iv) the person who used the restraint;\n- (v) the time the restraint was removed;\n- (vi) the person who removed the restraint.","sortOrder":68},{"sectionNumber":"sec.58","sectionType":"section","heading":"Removal of restraint before authorisation ends","content":"### sec.58 Removal of restraint before authorisation ends\n\nThis section applies if, before the authorisation ends—\na senior practitioner or authorised practitioner is satisfied care and support can be safely provided to the client without the restraint; or\nthe director orders a senior practitioner or authorised practitioner to remove the restraint.\nThe practitioner must immediately remove the restraint.\n(sec.58-ssec.1) This section applies if, before the authorisation ends— a senior practitioner or authorised practitioner is satisfied care and support can be safely provided to the client without the restraint; or the director orders a senior practitioner or authorised practitioner to remove the restraint.\n(sec.58-ssec.2) The practitioner must immediately remove the restraint.\n- (a) a senior practitioner or authorised practitioner is satisfied care and support can be safely provided to the client without the restraint; or\n- (b) the director orders a senior practitioner or authorised practitioner to remove the restraint.","sortOrder":69},{"sectionNumber":"sec.59","sectionType":"section","heading":"Consent of client not required","content":"### sec.59 Consent of client not required\n\nIt is not necessary to obtain the client’s consent to the use of restraint on the client under this division.","sortOrder":70},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Seclusion","content":"## Seclusion","sortOrder":71},{"sectionNumber":"sec.60","sectionType":"section","heading":"Offence to keep client in seclusion","content":"### sec.60 Offence to keep client in seclusion\n\nA person must not keep a forensic disability client detained in the forensic disability service in seclusion other than under this division.\nMaximum penalty—50 penalty units.","sortOrder":72},{"sectionNumber":"sec.61","sectionType":"section","heading":"When client may be placed in seclusion","content":"### sec.61 When client may be placed in seclusion\n\nA forensic disability client may be placed in seclusion in the forensic disability service—\nby a senior practitioner, at any time; or\nby an authorised practitioner—\nif authorised by a senior practitioner; or\nin urgent circumstances.\nHowever, a senior practitioner may place a client in seclusion or authorise the seclusion of a client only if reasonably satisfied—\nthe seclusion is necessary to protect the client or other persons from imminent physical harm; and\nthere is no less restrictive way to protect the client’s health and safety or to protect others.\nAn authorised practitioner may place a client in seclusion under subsection (1) (b) (ii) only if reasonably satisfied of the matters mentioned in subsection (2) (a) and (b) .\n(sec.61-ssec.1) A forensic disability client may be placed in seclusion in the forensic disability service— by a senior practitioner, at any time; or by an authorised practitioner— if authorised by a senior practitioner; or in urgent circumstances.\n(sec.61-ssec.2) However, a senior practitioner may place a client in seclusion or authorise the seclusion of a client only if reasonably satisfied— the seclusion is necessary to protect the client or other persons from imminent physical harm; and there is no less restrictive way to protect the client’s health and safety or to protect others.\n(sec.61-ssec.3) An authorised practitioner may place a client in seclusion under subsection (1) (b) (ii) only if reasonably satisfied of the matters mentioned in subsection (2) (a) and (b) .\n- (a) by a senior practitioner, at any time; or\n- (b) by an authorised practitioner— (i) if authorised by a senior practitioner; or (ii) in urgent circumstances.\n- (i) if authorised by a senior practitioner; or\n- (ii) in urgent circumstances.\n- (i) if authorised by a senior practitioner; or\n- (ii) in urgent circumstances.\n- (a) the seclusion is necessary to protect the client or other persons from imminent physical harm; and\n- (b) there is no less restrictive way to protect the client’s health and safety or to protect others.","sortOrder":73},{"sectionNumber":"sec.62","sectionType":"section","heading":"How authorisation of seclusion is given","content":"### sec.62 How authorisation of seclusion is given\n\nA senior practitioner’s authorisation must be given by written order to an authorised practitioner.\nThe order must state the following—\nthe reasons for the seclusion;\nthe time the order is made;\nthe time (not longer than 3 hours after the order is made) when the authorisation ends;\nwhether an authorised practitioner is authorised to release the client from, or return the client to, seclusion;\nthe special measures necessary to ensure the client’s proper care and support while secluded;\nwhether it is necessary to continuously observe the client while secluded;\nif the order states that it is not necessary to continuously observe the client while secluded—the intervals (not longer than 15 minutes) at which the client must be observed while secluded.\nThe senior practitioner must ensure a copy of the order is included in the client’s file.\n(sec.62-ssec.1) A senior practitioner’s authorisation must be given by written order to an authorised practitioner.\n(sec.62-ssec.2) The order must state the following— the reasons for the seclusion; the time the order is made; the time (not longer than 3 hours after the order is made) when the authorisation ends; whether an authorised practitioner is authorised to release the client from, or return the client to, seclusion; the special measures necessary to ensure the client’s proper care and support while secluded; whether it is necessary to continuously observe the client while secluded; if the order states that it is not necessary to continuously observe the client while secluded—the intervals (not longer than 15 minutes) at which the client must be observed while secluded.\n(sec.62-ssec.3) The senior practitioner must ensure a copy of the order is included in the client’s file.\n- (a) the reasons for the seclusion;\n- (b) the time the order is made;\n- (c) the time (not longer than 3 hours after the order is made) when the authorisation ends;\n- (d) whether an authorised practitioner is authorised to release the client from, or return the client to, seclusion;\n- (e) the special measures necessary to ensure the client’s proper care and support while secluded;\n- (f) whether it is necessary to continuously observe the client while secluded;\n- (g) if the order states that it is not necessary to continuously observe the client while secluded—the intervals (not longer than 15 minutes) at which the client must be observed while secluded.","sortOrder":74},{"sectionNumber":"sec.63","sectionType":"section","heading":"Obligations of senior practitioner and authorised practitioner","content":"### sec.63 Obligations of senior practitioner and authorised practitioner\n\nA senior practitioner must have regard to a forensic disability client’s individual development plan in placing the client in seclusion, or authorising the seclusion, under this division.\nAn authorised practitioner must have regard to a forensic disability client’s individual development plan in placing the client in seclusion under this division.\nAn authorised practitioner who places a forensic disability client in seclusion under a senior practitioner’s authorisation must place the client in seclusion as authorised.\nA senior practitioner who places a client in seclusion, or an authorised practitioner who places a client in seclusion under a senior practitioner’s authorisation, must record the following details in the client’s file—\nthe time the client was placed in seclusion;\nthe name of the senior practitioner or authorised practitioner who placed the client in seclusion;\nthe time the client was released from seclusion.\n(sec.63-ssec.1) A senior practitioner must have regard to a forensic disability client’s individual development plan in placing the client in seclusion, or authorising the seclusion, under this division.\n(sec.63-ssec.2) An authorised practitioner must have regard to a forensic disability client’s individual development plan in placing the client in seclusion under this division.\n(sec.63-ssec.3) An authorised practitioner who places a forensic disability client in seclusion under a senior practitioner’s authorisation must place the client in seclusion as authorised.\n(sec.63-ssec.4) A senior practitioner who places a client in seclusion, or an authorised practitioner who places a client in seclusion under a senior practitioner’s authorisation, must record the following details in the client’s file— the time the client was placed in seclusion; the name of the senior practitioner or authorised practitioner who placed the client in seclusion; the time the client was released from seclusion.\n- (a) the time the client was placed in seclusion;\n- (b) the name of the senior practitioner or authorised practitioner who placed the client in seclusion;\n- (c) the time the client was released from seclusion.","sortOrder":75},{"sectionNumber":"sec.64","sectionType":"section","heading":"Other obligations if authorised practitioner places client in seclusion in urgent circumstances","content":"### sec.64 Other obligations if authorised practitioner places client in seclusion in urgent circumstances\n\nIf an authorised practitioner places a forensic disability client in seclusion in the forensic disability service in urgent circumstances, the authorised practitioner must—\nimmediately tell a senior practitioner of the seclusion; and\nrecord the following details in the client’s file—\nthe reasons for the seclusion;\nthe time the client was placed in seclusion;\nthe time the authorised practitioner told the senior practitioner of the seclusion;\nthe authorised practitioner’s name;\nthe senior practitioner’s name.\nThe senior practitioner must ensure the client is examined as soon as practicable by a senior practitioner.\nOn the examination, the examining senior practitioner must—\nrecord in the client’s file the time of the examination; and\norder the client’s release from seclusion or authorise the client’s seclusion.\n(sec.64-ssec.1) If an authorised practitioner places a forensic disability client in seclusion in the forensic disability service in urgent circumstances, the authorised practitioner must— immediately tell a senior practitioner of the seclusion; and record the following details in the client’s file— the reasons for the seclusion; the time the client was placed in seclusion; the time the authorised practitioner told the senior practitioner of the seclusion; the authorised practitioner’s name; the senior practitioner’s name.\n(sec.64-ssec.2) The senior practitioner must ensure the client is examined as soon as practicable by a senior practitioner.\n(sec.64-ssec.3) On the examination, the examining senior practitioner must— record in the client’s file the time of the examination; and order the client’s release from seclusion or authorise the client’s seclusion.\n- (a) immediately tell a senior practitioner of the seclusion; and\n- (b) record the following details in the client’s file— (i) the reasons for the seclusion; (ii) the time the client was placed in seclusion; (iii) the time the authorised practitioner told the senior practitioner of the seclusion; (iv) the authorised practitioner’s name; (v) the senior practitioner’s name.\n- (i) the reasons for the seclusion;\n- (ii) the time the client was placed in seclusion;\n- (iii) the time the authorised practitioner told the senior practitioner of the seclusion;\n- (iv) the authorised practitioner’s name;\n- (v) the senior practitioner’s name.\n- (i) the reasons for the seclusion;\n- (ii) the time the client was placed in seclusion;\n- (iii) the time the authorised practitioner told the senior practitioner of the seclusion;\n- (iv) the authorised practitioner’s name;\n- (v) the senior practitioner’s name.\n- (a) record in the client’s file the time of the examination; and\n- (b) order the client’s release from seclusion or authorise the client’s seclusion.","sortOrder":76},{"sectionNumber":"sec.65","sectionType":"section","heading":"When authorised practitioner may end seclusion or return client to seclusion","content":"### sec.65 When authorised practitioner may end seclusion or return client to seclusion\n\nThis section applies if, under a senior practitioner’s authorisation, an authorised practitioner may release a forensic disability client from, or return a client to, seclusion.\nAn authorised practitioner may—\nrelease the client from seclusion if satisfied the client’s seclusion is no longer necessary; and\nreturn the client to seclusion if—\nthe senior practitioner’s authorisation is still in force; and\nthe authorised practitioner is reasonably satisfied of the matters mentioned in section 61 (2) (a) and (b) in relation to the client.\nImmediately after acting under subsection (2) , the authorised practitioner must record the following in the client’s file—\nthe time of release from, or return to, seclusion;\nthe reasons for the release or return.\n(sec.65-ssec.1) This section applies if, under a senior practitioner’s authorisation, an authorised practitioner may release a forensic disability client from, or return a client to, seclusion.\n(sec.65-ssec.2) An authorised practitioner may— release the client from seclusion if satisfied the client’s seclusion is no longer necessary; and return the client to seclusion if— the senior practitioner’s authorisation is still in force; and the authorised practitioner is reasonably satisfied of the matters mentioned in section 61 (2) (a) and (b) in relation to the client.\n(sec.65-ssec.3) Immediately after acting under subsection (2) , the authorised practitioner must record the following in the client’s file— the time of release from, or return to, seclusion; the reasons for the release or return.\n- (a) release the client from seclusion if satisfied the client’s seclusion is no longer necessary; and\n- (b) return the client to seclusion if— (i) the senior practitioner’s authorisation is still in force; and (ii) the authorised practitioner is reasonably satisfied of the matters mentioned in section 61 (2) (a) and (b) in relation to the client.\n- (i) the senior practitioner’s authorisation is still in force; and\n- (ii) the authorised practitioner is reasonably satisfied of the matters mentioned in section 61 (2) (a) and (b) in relation to the client.\n- (i) the senior practitioner’s authorisation is still in force; and\n- (ii) the authorised practitioner is reasonably satisfied of the matters mentioned in section 61 (2) (a) and (b) in relation to the client.\n- (a) the time of release from, or return to, seclusion;\n- (b) the reasons for the release or return.","sortOrder":77},{"sectionNumber":"sec.66","sectionType":"section","heading":"Ending seclusion on director’s order","content":"### sec.66 Ending seclusion on director’s order\n\nA senior practitioner or authorised practitioner must immediately release a forensic disability client from seclusion in the forensic disability service if the director orders that the client be released.","sortOrder":78},{"sectionNumber":"sec.67","sectionType":"section","heading":"Consent of client not required","content":"### sec.67 Consent of client not required\n\nIt is not necessary to obtain a forensic disability client’s consent to the client’s seclusion under this division.","sortOrder":79},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Other provisions about regulated behaviour controls","content":"## Other provisions about regulated behaviour controls","sortOrder":80},{"sectionNumber":"sec.68","sectionType":"section","heading":"Use of reasonable force","content":"### sec.68 Use of reasonable force\n\nA senior practitioner or authorised practitioner may, with the help, and using the minimum force, that is necessary and reasonable in the circumstances—\nadminister behaviour control medication to a forensic disability client under division 1 ; or\nuse restraint on a forensic disability client under division 2 ; or\nplace a forensic disability client in seclusion under division 3 .\n- (a) administer behaviour control medication to a forensic disability client under division 1 ; or\n- (b) use restraint on a forensic disability client under division 2 ; or\n- (c) place a forensic disability client in seclusion under division 3 .","sortOrder":81},{"sectionNumber":"sec.69","sectionType":"section","heading":"Ensuring client’s reasonable needs are met while subject to a regulated behaviour control","content":"### sec.69 Ensuring client’s reasonable needs are met while subject to a regulated behaviour control\n\nA senior practitioner or authorised practitioner must ensure a forensic disability client’s reasonable needs are met while the client is subject to a regulated behaviour control.\nIn this section—\nreasonable needs includes the following—\nsufficient bedding and clothing;\nsufficient food and drink;\naccess to toilet facilities.\n(sec.69-ssec.1) A senior practitioner or authorised practitioner must ensure a forensic disability client’s reasonable needs are met while the client is subject to a regulated behaviour control.\n(sec.69-ssec.2) In this section— reasonable needs includes the following— sufficient bedding and clothing; sufficient food and drink; access to toilet facilities.\n- (a) sufficient bedding and clothing;\n- (b) sufficient food and drink;\n- (c) access to toilet facilities.","sortOrder":82},{"sectionNumber":"sec.70","sectionType":"section","heading":"Observation of client while restrained or secluded","content":"### sec.70 Observation of client while restrained or secluded\n\nA senior practitioner or authorised practitioner must ensure a forensic disability client on whom restraint is used under division 2 is observed as required under the director’s authorisation for the restraint.\nA senior practitioner or authorised practitioner must ensure a forensic disability client is continuously observed while secluded under division 3 .\nHowever, subsection (2) does not apply if the seclusion is authorised by a senior practitioner’s authorisation the order for which states—\nit is not necessary to continuously observe the client while secluded; and\nthe intervals (not longer than 15 minutes) at which the client must be observed while secluded.\n(sec.70-ssec.1) A senior practitioner or authorised practitioner must ensure a forensic disability client on whom restraint is used under division 2 is observed as required under the director’s authorisation for the restraint.\n(sec.70-ssec.2) A senior practitioner or authorised practitioner must ensure a forensic disability client is continuously observed while secluded under division 3 .\n(sec.70-ssec.3) However, subsection (2) does not apply if the seclusion is authorised by a senior practitioner’s authorisation the order for which states— it is not necessary to continuously observe the client while secluded; and the intervals (not longer than 15 minutes) at which the client must be observed while secluded.\n- (a) it is not necessary to continuously observe the client while secluded; and\n- (b) the intervals (not longer than 15 minutes) at which the client must be observed while secluded.","sortOrder":83},{"sectionNumber":"sec.71","sectionType":"section","heading":"Administrator must notify director about prescription of fixed dose behaviour control medication","content":"### sec.71 Administrator must notify director about prescription of fixed dose behaviour control medication\n\nAs soon as practicable after a psychiatrist prescribes fixed dose medication for a forensic disability client detained in the forensic disability service, the administrator must give the director written notice about the medication.\nThe notice must include the information required by the director.\nIn this section—\nfixed dose medication means behaviour control medication that is administered at fixed intervals and times.\n(sec.71-ssec.1) As soon as practicable after a psychiatrist prescribes fixed dose medication for a forensic disability client detained in the forensic disability service, the administrator must give the director written notice about the medication.\n(sec.71-ssec.2) The notice must include the information required by the director.\n(sec.71-ssec.3) In this section— fixed dose medication means behaviour control medication that is administered at fixed intervals and times.","sortOrder":84},{"sectionNumber":"sec.72","sectionType":"section","heading":"Administrator must notify director about use of other regulated behaviour controls","content":"### sec.72 Administrator must notify director about use of other regulated behaviour controls\n\nThe administrator must give the director written notice about the use of a regulated behaviour control (other than fixed dose medication mentioned in section 71 ) on a forensic disability client detained in the forensic disability service.\nThe notice must—\nbe given as soon as practicable after—\nfor behaviour control medication (other than fixed dose medication mentioned in section 71 ) or restraint—the regulated behaviour control is used on the client; or\nfor seclusion—the client is placed in seclusion; and\ninclude the information required by the director.\n(sec.72-ssec.1) The administrator must give the director written notice about the use of a regulated behaviour control (other than fixed dose medication mentioned in section 71 ) on a forensic disability client detained in the forensic disability service.\n(sec.72-ssec.2) The notice must— be given as soon as practicable after— for behaviour control medication (other than fixed dose medication mentioned in section 71 ) or restraint—the regulated behaviour control is used on the client; or for seclusion—the client is placed in seclusion; and include the information required by the director.\n- (a) be given as soon as practicable after— (i) for behaviour control medication (other than fixed dose medication mentioned in section 71 ) or restraint—the regulated behaviour control is used on the client; or (ii) for seclusion—the client is placed in seclusion; and\n- (i) for behaviour control medication (other than fixed dose medication mentioned in section 71 ) or restraint—the regulated behaviour control is used on the client; or\n- (ii) for seclusion—the client is placed in seclusion; and\n- (b) include the information required by the director.\n- (i) for behaviour control medication (other than fixed dose medication mentioned in section 71 ) or restraint—the regulated behaviour control is used on the client; or\n- (ii) for seclusion—the client is placed in seclusion; and","sortOrder":85},{"sectionNumber":"sec.73","sectionType":"section","heading":"What individual development plan must state about regulated behaviour controls","content":"### sec.73 What individual development plan must state about regulated behaviour controls\n\nIf a regulated behaviour control is used on a forensic disability client, the client’s individual development plan must include strategies for avoiding, reducing and eliminating any further use of the behaviour control.","sortOrder":86},{"sectionNumber":"sec.74","sectionType":"section","heading":"Register of use of regulated behaviour controls","content":"### sec.74 Register of use of regulated behaviour controls\n\nThe administrator must keep a register of the use of regulated behaviour controls under this chapter.\nThe register must include the details prescribed under a regulation.\n(sec.74-ssec.1) The administrator must keep a register of the use of regulated behaviour controls under this chapter.\n(sec.74-ssec.2) The register must include the details prescribed under a regulation.","sortOrder":87},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Searching forensic disability clients and possessions","content":"# Searching forensic disability clients and possessions","sortOrder":88},{"sectionNumber":"sec.75","sectionType":"section","heading":"Purpose of pt 1","content":"### sec.75 Purpose of pt 1\n\nThe purpose of this part is to ensure the protection of forensic disability clients and the security and good order of the forensic disability service.\nFor achieving the purpose, this part provides for carrying out searches of clients detained in the service and their possessions.\n(sec.75-ssec.1) The purpose of this part is to ensure the protection of forensic disability clients and the security and good order of the forensic disability service.\n(sec.75-ssec.2) For achieving the purpose, this part provides for carrying out searches of clients detained in the service and their possessions.","sortOrder":89},{"sectionNumber":"sec.76","sectionType":"section","heading":"Authority to search","content":"### sec.76 Authority to search\n\nIf a senior practitioner or authorised practitioner reasonably believes a forensic disability client detained in the forensic disability service has possession of a harmful thing, the practitioner may search the client or the client’s possessions.\nThe search may be carried out without the client’s consent.\nHowever, before carrying out the search, the practitioner must tell the client the reasons for the search and how it is to be carried out.\nSee section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.\n(sec.76-ssec.1) If a senior practitioner or authorised practitioner reasonably believes a forensic disability client detained in the forensic disability service has possession of a harmful thing, the practitioner may search the client or the client’s possessions.\n(sec.76-ssec.2) The search may be carried out without the client’s consent.\n(sec.76-ssec.3) However, before carrying out the search, the practitioner must tell the client the reasons for the search and how it is to be carried out. See section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.","sortOrder":90},{"sectionNumber":"sec.77","sectionType":"section","heading":"Carrying out search","content":"### sec.77 Carrying out search\n\nThe senior practitioner or authorised practitioner may require the client to submit, or submit the client’s possessions, to a search under this section.\nThe practitioner may do any or all of the following—\npass a hand-held electronic scanning device over or around the client or the client’s possessions;\nopen or inspect a thing in the client’s possession;\nremove and inspect an outer garment or footwear of the client;\nremove and inspect all things from the pockets of the client’s clothing;\ntouch the clothing worn by the client to the extent reasonably necessary to detect things in the client’s possession;\nremove and inspect any detected thing.\nAlso, the practitioner may, with the administrator’s approval, remove and inspect all, or part of, the client’s other clothing and anything found in the clothing.\nHowever, the administrator may give the approval only if the administrator is reasonably satisfied it is necessary in the circumstances for carrying out the search.\nThe practitioner may—\nexercise a power of inspection under subsection (2) only if the client is present or has been given the opportunity to be present; or\nexercise a power under subsection (2) (c) to (f) or (3) only if—\nthe practitioner is the same sex as the client; and\nthe search is carried out in a part of a building that ensures the client’s privacy.\nThe practitioner must—\ncarry out the search in a way that respects the client’s dignity to the greatest extent possible; and\ncause as little inconvenience to the client as is practicable in the circumstances.\nHowever, the practitioner may carry out the search with the help, and using the minimum force, that is necessary and reasonable in the circumstances.\n(sec.77-ssec.1) The senior practitioner or authorised practitioner may require the client to submit, or submit the client’s possessions, to a search under this section.\n(sec.77-ssec.2) The practitioner may do any or all of the following— pass a hand-held electronic scanning device over or around the client or the client’s possessions; open or inspect a thing in the client’s possession; remove and inspect an outer garment or footwear of the client; remove and inspect all things from the pockets of the client’s clothing; touch the clothing worn by the client to the extent reasonably necessary to detect things in the client’s possession; remove and inspect any detected thing.\n(sec.77-ssec.3) Also, the practitioner may, with the administrator’s approval, remove and inspect all, or part of, the client’s other clothing and anything found in the clothing.\n(sec.77-ssec.4) However, the administrator may give the approval only if the administrator is reasonably satisfied it is necessary in the circumstances for carrying out the search.\n(sec.77-ssec.5) The practitioner may— exercise a power of inspection under subsection (2) only if the client is present or has been given the opportunity to be present; or exercise a power under subsection (2) (c) to (f) or (3) only if— the practitioner is the same sex as the client; and the search is carried out in a part of a building that ensures the client’s privacy.\n(sec.77-ssec.6) The practitioner must— carry out the search in a way that respects the client’s dignity to the greatest extent possible; and cause as little inconvenience to the client as is practicable in the circumstances.\n(sec.77-ssec.7) However, the practitioner may carry out the search with the help, and using the minimum force, that is necessary and reasonable in the circumstances.\n- (a) pass a hand-held electronic scanning device over or around the client or the client’s possessions;\n- (b) open or inspect a thing in the client’s possession;\n- (c) remove and inspect an outer garment or footwear of the client;\n- (d) remove and inspect all things from the pockets of the client’s clothing;\n- (e) touch the clothing worn by the client to the extent reasonably necessary to detect things in the client’s possession;\n- (f) remove and inspect any detected thing.\n- (a) exercise a power of inspection under subsection (2) only if the client is present or has been given the opportunity to be present; or\n- (b) exercise a power under subsection (2) (c) to (f) or (3) only if— (i) the practitioner is the same sex as the client; and (ii) the search is carried out in a part of a building that ensures the client’s privacy.\n- (i) the practitioner is the same sex as the client; and\n- (ii) the search is carried out in a part of a building that ensures the client’s privacy.\n- (i) the practitioner is the same sex as the client; and\n- (ii) the search is carried out in a part of a building that ensures the client’s privacy.\n- (a) carry out the search in a way that respects the client’s dignity to the greatest extent possible; and\n- (b) cause as little inconvenience to the client as is practicable in the circumstances.","sortOrder":91},{"sectionNumber":"sec.78","sectionType":"section","heading":"Seizure of things","content":"### sec.78 Seizure of things\n\nThe senior practitioner or authorised practitioner may seize anything found during the search that the practitioner reasonably suspects is a harmful thing.","sortOrder":92},{"sectionNumber":"sec.79","sectionType":"section","heading":"What happens to thing seized","content":"### sec.79 What happens to thing seized\n\nIf the administrator is reasonably satisfied a thing seized under section 78 is a harmful thing, the administrator must—\nkeep it for the client and give it to the client on the client’s release from the forensic disability service; or\ngive it to someone else if the client is able to give, and has given, agreement to do so; or\nif the administrator is satisfied someone else is entitled to possession of the thing—give or send it to that person; or\nif the administrator is reasonably satisfied it is of negligible value—dispose of it in the way the administrator considers appropriate.\nHowever, if the administrator reasonably believes the seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the administrator must give it to an authorised person under that Act.\nThe seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the authorised person had seized it under the provisions of that Act that relate to the offence.\nIf the authorised person is not reasonably satisfied the thing is evidence of the commission or intended commission of the offence, the authorised person must return it to the administrator who must deal with it under this section.\nImmediately after making a decision about what happens to a seized thing, the administrator must make a written record of the decision.\nIn this section—\nauthorised person , under an Act, means a person who is authorised under that Act to perform inspection and enforcement functions.\nseizure provisions , of an Act, means the provisions of that Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under that Act.\n(sec.79-ssec.1) If the administrator is reasonably satisfied a thing seized under section 78 is a harmful thing, the administrator must— keep it for the client and give it to the client on the client’s release from the forensic disability service; or give it to someone else if the client is able to give, and has given, agreement to do so; or if the administrator is satisfied someone else is entitled to possession of the thing—give or send it to that person; or if the administrator is reasonably satisfied it is of negligible value—dispose of it in the way the administrator considers appropriate.\n(sec.79-ssec.2) However, if the administrator reasonably believes the seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the administrator must give it to an authorised person under that Act.\n(sec.79-ssec.3) The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the authorised person had seized it under the provisions of that Act that relate to the offence.\n(sec.79-ssec.4) If the authorised person is not reasonably satisfied the thing is evidence of the commission or intended commission of the offence, the authorised person must return it to the administrator who must deal with it under this section.\n(sec.79-ssec.5) Immediately after making a decision about what happens to a seized thing, the administrator must make a written record of the decision.\n(sec.79-ssec.6) In this section— authorised person , under an Act, means a person who is authorised under that Act to perform inspection and enforcement functions. seizure provisions , of an Act, means the provisions of that Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under that Act.\n- (a) keep it for the client and give it to the client on the client’s release from the forensic disability service; or\n- (b) give it to someone else if the client is able to give, and has given, agreement to do so; or\n- (c) if the administrator is satisfied someone else is entitled to possession of the thing—give or send it to that person; or\n- (d) if the administrator is reasonably satisfied it is of negligible value—dispose of it in the way the administrator considers appropriate.","sortOrder":93},{"sectionNumber":"sec.80","sectionType":"section","heading":"Record of search","content":"### sec.80 Record of search\n\nThis section applies if a senior practitioner or authorised practitioner—\ncarries out a search under this part; or\nseizes anything found during a search under this part.\nImmediately after carrying out the search, the practitioner must make a written record of the following details of the search—\nthe reasons for the search;\nthe practitioner’s name;\nhow the search was carried out;\nthe results of the search;\nanything seized.\n(sec.80-ssec.1) This section applies if a senior practitioner or authorised practitioner— carries out a search under this part; or seizes anything found during a search under this part.\n(sec.80-ssec.2) Immediately after carrying out the search, the practitioner must make a written record of the following details of the search— the reasons for the search; the practitioner’s name; how the search was carried out; the results of the search; anything seized.\n- (a) carries out a search under this part; or\n- (b) seizes anything found during a search under this part.\n- (a) the reasons for the search;\n- (b) the practitioner’s name;\n- (c) how the search was carried out;\n- (d) the results of the search;\n- (e) anything seized.","sortOrder":94},{"sectionNumber":"sec.81","sectionType":"section","heading":"Compensation for damage to possessions","content":"### sec.81 Compensation for damage to possessions\n\nA forensic disability client may claim from the State the cost of repairing or replacing the client’s possessions damaged in the exercise or purported exercise of a power under this part.\nThe cost may be claimed and ordered in a proceeding brought in a court of competent jurisdiction for the recovery of the amount claimed.\nA court may order an amount be paid only if satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.81-ssec.1) A forensic disability client may claim from the State the cost of repairing or replacing the client’s possessions damaged in the exercise or purported exercise of a power under this part.\n(sec.81-ssec.2) The cost may be claimed and ordered in a proceeding brought in a court of competent jurisdiction for the recovery of the amount claimed.\n(sec.81-ssec.3) A court may order an amount be paid only if satisfied it is just to make the order in the circumstances of the particular case.\n(sec.81-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.","sortOrder":95},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Excluding visitors","content":"# Excluding visitors","sortOrder":96},{"sectionNumber":"sec.82","sectionType":"section","heading":"Administrator may refuse to allow a person to visit a client","content":"### sec.82 Administrator may refuse to allow a person to visit a client\n\nThe administrator may refuse to allow a person to visit a forensic disability client detained in the forensic disability service if the administrator is satisfied the proposed visit will adversely affect the client’s care and support.\nThe administrator may be satisfied the care and support of the client will be adversely affected if, on a previous visit by a person, the client’s behaviour deteriorated.\nThe administrator must give the person written notice of the decision.\nThe notice must state the following—\nthe reasons for the decision;\nthat the person may appeal to the tribunal against the decision within 28 days after the person receives the notice;\nhow the appeal is made.\n(sec.82-ssec.1) The administrator may refuse to allow a person to visit a forensic disability client detained in the forensic disability service if the administrator is satisfied the proposed visit will adversely affect the client’s care and support. The administrator may be satisfied the care and support of the client will be adversely affected if, on a previous visit by a person, the client’s behaviour deteriorated.\n(sec.82-ssec.2) The administrator must give the person written notice of the decision.\n(sec.82-ssec.3) The notice must state the following— the reasons for the decision; that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; how the appeal is made.\n- (a) the reasons for the decision;\n- (b) that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice;\n- (c) how the appeal is made.","sortOrder":97},{"sectionNumber":"sec.83","sectionType":"section","heading":"Who may appeal","content":"### sec.83 Who may appeal\n\nA person who is dissatisfied with a decision of the administrator to refuse to allow the person to visit a forensic disability client in the forensic disability service may appeal to the tribunal against the decision.","sortOrder":98},{"sectionNumber":"sec.84","sectionType":"section","heading":"Procedure for appeal","content":"### sec.84 Procedure for appeal\n\nAn appeal is to be started and carried out in the way stated in the Mental Health Act , sections 534 to 537 .\nFor subsection (1) , the Mental Health Act , section 534 (2) applies as if a reference to a decision notice were a reference to the notice of the decision required to be given under section 82 (2) .\ns 84 amd 2016 No. 5 s 889\n(sec.84-ssec.1) An appeal is to be started and carried out in the way stated in the Mental Health Act , sections 534 to 537 .\n(sec.84-ssec.2) For subsection (1) , the Mental Health Act , section 534 (2) applies as if a reference to a decision notice were a reference to the notice of the decision required to be given under section 82 (2) .","sortOrder":99},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Director of Forensic Disability","content":"# Director of Forensic Disability","sortOrder":100},{"sectionNumber":"sec.85","sectionType":"section","heading":"Appointment","content":"### sec.85 Appointment\n\nThere is to be a Director of Forensic Disability.\nThe director is to be appointed by the Governor in Council under this Act and not under the Public Sector Act 2022 .\nSection 160 provides for an initial director.\ns 85 amd 2022 No. 34 s 365 sch 3\n(sec.85-ssec.1) There is to be a Director of Forensic Disability.\n(sec.85-ssec.2) The director is to be appointed by the Governor in Council under this Act and not under the Public Sector Act 2022 . Section 160 provides for an initial director.","sortOrder":101},{"sectionNumber":"sec.86","sectionType":"section","heading":"Duration of appointment","content":"### sec.86 Duration of appointment\n\nThe director holds office for the term (which must not be longer than 5 years) stated in the instrument of appointment.\nThe director may be reappointed—see the Acts Interpretation Act 1954 , section 25 (1) (c) .","sortOrder":102},{"sectionNumber":"sec.87","sectionType":"section","heading":"Functions","content":"### sec.87 Functions\n\nThe director has the following functions—\nensuring the protection of the rights of forensic disability clients under this Act;\nensuring the involuntary detention, assessment, care and support and protection of forensic disability clients comply with this Act;\nfacilitating the proper and efficient administration of this Act;\nmonitoring and auditing compliance with this Act;\npromoting community awareness and understanding of the administration of this Act;\nadvising and reporting to the Minister on any matter relating to the administration of this Act—\non the director’s own initiative; or\nat the request of the Minister if the matter is in the public interest.\nAlso, the director has the other functions given under this Act.\n(sec.87-ssec.1) The director has the following functions— ensuring the protection of the rights of forensic disability clients under this Act; ensuring the involuntary detention, assessment, care and support and protection of forensic disability clients comply with this Act; facilitating the proper and efficient administration of this Act; monitoring and auditing compliance with this Act; promoting community awareness and understanding of the administration of this Act; advising and reporting to the Minister on any matter relating to the administration of this Act— on the director’s own initiative; or at the request of the Minister if the matter is in the public interest.\n(sec.87-ssec.2) Also, the director has the other functions given under this Act.\n- (a) ensuring the protection of the rights of forensic disability clients under this Act;\n- (b) ensuring the involuntary detention, assessment, care and support and protection of forensic disability clients comply with this Act;\n- (c) facilitating the proper and efficient administration of this Act;\n- (d) monitoring and auditing compliance with this Act;\n- (e) promoting community awareness and understanding of the administration of this Act;\n- (f) advising and reporting to the Minister on any matter relating to the administration of this Act— (i) on the director’s own initiative; or (ii) at the request of the Minister if the matter is in the public interest.\n- (i) on the director’s own initiative; or\n- (ii) at the request of the Minister if the matter is in the public interest.\n- (i) on the director’s own initiative; or\n- (ii) at the request of the Minister if the matter is in the public interest.","sortOrder":103},{"sectionNumber":"sec.88","sectionType":"section","heading":"Powers—general","content":"### sec.88 Powers—general\n\nThe director has the powers given under this Act.\nIn addition, the director has power to do all things necessary or convenient to be done in performing the director’s functions.\n(sec.88-ssec.1) The director has the powers given under this Act.\n(sec.88-ssec.2) In addition, the director has power to do all things necessary or convenient to be done in performing the director’s functions.","sortOrder":104},{"sectionNumber":"sec.89","sectionType":"section","heading":"Independence of director","content":"### sec.89 Independence of director\n\nIn exercising a power under this Act, the director is not under the control of the Minister.","sortOrder":105},{"sectionNumber":"sec.90","sectionType":"section","heading":"Delegation of director’s powers","content":"### sec.90 Delegation of director’s powers\n\nThe director may delegate the director’s powers under this Act to an appropriately qualified person.\nHowever, the director must not delegate a power under section 96 , 100 or 102 .\n(sec.90-ssec.1) The director may delegate the director’s powers under this Act to an appropriately qualified person.\n(sec.90-ssec.2) However, the director must not delegate a power under section 96 , 100 or 102 .","sortOrder":106},{"sectionNumber":"sec.91","sectionType":"section","heading":"Policies and procedures about detention, care and support of clients","content":"### sec.91 Policies and procedures about detention, care and support of clients\n\nThe director must issue policies and procedures about the detention, care and support and protection of forensic disability clients.\nWithout limiting subsection (1) , the director must issue policies and procedures about the following—\nthe review and change of individual development plans as mentioned in section 15 (1) (c) ;\nthe use of regulated behaviour controls;\nthe detention, care and support and protection of forensic disability clients for whom the offence leading to the making of the applicable forensic order is a prescribed offence within the meaning of the Mental Health Act .\nIf a policy or procedure is inconsistent with this Act, the policy or procedure is invalid to the extent of the inconsistency.\ns 91 amd 2016 No. 5 s 890\n(sec.91-ssec.1) The director must issue policies and procedures about the detention, care and support and protection of forensic disability clients.\n(sec.91-ssec.2) Without limiting subsection (1) , the director must issue policies and procedures about the following— the review and change of individual development plans as mentioned in section 15 (1) (c) ; the use of regulated behaviour controls; the detention, care and support and protection of forensic disability clients for whom the offence leading to the making of the applicable forensic order is a prescribed offence within the meaning of the Mental Health Act .\n(sec.91-ssec.3) If a policy or procedure is inconsistent with this Act, the policy or procedure is invalid to the extent of the inconsistency.\n- (a) the review and change of individual development plans as mentioned in section 15 (1) (c) ;\n- (b) the use of regulated behaviour controls;\n- (c) the detention, care and support and protection of forensic disability clients for whom the offence leading to the making of the applicable forensic order is a prescribed offence within the meaning of the Mental Health Act .","sortOrder":107},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2016 No. 5 s 891","sortOrder":108},{"sectionNumber":"sec.93","sectionType":"section","heading":"Annual report","content":"### sec.93 Annual report\n\nAfter the end of each financial year, the director must give to the Minister a report on the administration of this Act during that year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it.\n(sec.93-ssec.1) After the end of each financial year, the director must give to the Minister a report on the administration of this Act during that year.\n(sec.93-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the Minister receives it.","sortOrder":109},{"sectionNumber":"sec.94","sectionType":"section","heading":"Acting director","content":"### sec.94 Acting director\n\nThe Governor in Council may appoint a person to act as the director during any period, or all periods, when—\nthere is a vacancy in the office of director; or\nthe director is absent from duty or is, for another reason, unable to perform the functions of the office.\n- (a) there is a vacancy in the office of director; or\n- (b) the director is absent from duty or is, for another reason, unable to perform the functions of the office.","sortOrder":110},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Forensic disability service and administrator","content":"# Forensic disability service and administrator","sortOrder":111},{"sectionNumber":"sec.95","sectionType":"section","heading":"Declaration of forensic disability service","content":"### sec.95 Declaration of forensic disability service\n\nA regulation may declare a place to be the forensic disability service.","sortOrder":112},{"sectionNumber":"sec.96","sectionType":"section","heading":"Declaration of administrator of forensic disability service","content":"### sec.96 Declaration of administrator of forensic disability service\n\nThe director may, by gazette notice, declare a person to be the administrator of the forensic disability service.\nThe declaration may state the administrator by name or reference to the holder of a stated office.\n(sec.96-ssec.1) The director may, by gazette notice, declare a person to be the administrator of the forensic disability service.\n(sec.96-ssec.2) The declaration may state the administrator by name or reference to the holder of a stated office.","sortOrder":113},{"sectionNumber":"sec.97","sectionType":"section","heading":"Delegation of administrator’s powers","content":"### sec.97 Delegation of administrator’s powers\n\nThe administrator may delegate the administrator’s powers under this Act to an appropriately qualified officer or employee of the forensic disability service.","sortOrder":114},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2016 No. 5 s 892","sortOrder":115},{"sectionNumber":"sec.99","sectionType":"section","heading":"Administrator’s obligation to ensure policies and procedures are given effect","content":"### sec.99 Administrator’s obligation to ensure policies and procedures are given effect\n\nThe administrator must ensure any policies and procedures issued by the director under section 91 are given effect.","sortOrder":116},{"sectionNumber":"sec.100","sectionType":"section","heading":"Acting administrator","content":"### sec.100 Acting administrator\n\nThe director may appoint a person to be the administrator of the forensic disability service during any period, or all periods, when—\nthere is a vacancy in the office of the administrator; or\nthe administrator is absent from duty or is, for another reason, unable to perform the functions of the office.\n- (a) there is a vacancy in the office of the administrator; or\n- (b) the administrator is absent from duty or is, for another reason, unable to perform the functions of the office.","sortOrder":117},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Practitioners","content":"# Practitioners","sortOrder":118},{"sectionNumber":"sec.101","sectionType":"section","heading":"Appointment of senior practitioners and authorised practitioners by administrator","content":"### sec.101 Appointment of senior practitioners and authorised practitioners by administrator\n\nThe administrator may, by written instrument, appoint a person—\nto be a senior practitioner for the forensic disability service; or\nto be an authorised practitioner for the forensic disability service.\nHowever, a person may be appointed under subsection (1) only if, in the administrator’s opinion, the person has the necessary expertise or experience relevant to the role to which the person is appointed.\nAlso, in appointing a person under subsection (1) , the administrator must have regard to the following—\nthe need for a multidisciplinary approach within the forensic disability service;\nthe person’s commitment to the principles stated in section 7 ;\nthe person’s skills and expertise in supporting people with an intellectual or cognitive disability, mental condition or offending behaviour.\nAn appointment made under this section may limit the senior practitioner’s, or authorised practitioner’s, powers under this Act.\n(sec.101-ssec.1) The administrator may, by written instrument, appoint a person— to be a senior practitioner for the forensic disability service; or to be an authorised practitioner for the forensic disability service.\n(sec.101-ssec.2) However, a person may be appointed under subsection (1) only if, in the administrator’s opinion, the person has the necessary expertise or experience relevant to the role to which the person is appointed.\n(sec.101-ssec.3) Also, in appointing a person under subsection (1) , the administrator must have regard to the following— the need for a multidisciplinary approach within the forensic disability service; the person’s commitment to the principles stated in section 7 ; the person’s skills and expertise in supporting people with an intellectual or cognitive disability, mental condition or offending behaviour.\n(sec.101-ssec.4) An appointment made under this section may limit the senior practitioner’s, or authorised practitioner’s, powers under this Act.\n- (a) to be a senior practitioner for the forensic disability service; or\n- (b) to be an authorised practitioner for the forensic disability service.\n- (a) the need for a multidisciplinary approach within the forensic disability service;\n- (b) the person’s commitment to the principles stated in section 7 ;\n- (c) the person’s skills and expertise in supporting people with an intellectual or cognitive disability, mental condition or offending behaviour.","sortOrder":119},{"sectionNumber":"sec.102","sectionType":"section","heading":"Appointment of administrator as a senior practitioner","content":"### sec.102 Appointment of administrator as a senior practitioner\n\nThe director may, by written instrument, appoint the administrator to be a senior practitioner for the forensic disability service.\nHowever, the administrator may be appointed to be a senior practitioner only if, in the director’s opinion, the administrator has the necessary expertise or experience to be a senior practitioner.\nAn appointment made under this section may limit the powers the person has as a senior practitioner under this Act.\n(sec.102-ssec.1) The director may, by written instrument, appoint the administrator to be a senior practitioner for the forensic disability service.\n(sec.102-ssec.2) However, the administrator may be appointed to be a senior practitioner only if, in the director’s opinion, the administrator has the necessary expertise or experience to be a senior practitioner.\n(sec.102-ssec.3) An appointment made under this section may limit the powers the person has as a senior practitioner under this Act.","sortOrder":120},{"sectionNumber":"sec.103","sectionType":"section","heading":"Powers of senior practitioners and authorised practitioners","content":"### sec.103 Powers of senior practitioners and authorised practitioners\n\nA senior practitioner or authorised practitioner has the powers given under this Act.\nHowever, a senior practitioner or authorised practitioner has the powers given under chapter 6 only if the practitioner’s instrument of appointment states that the practitioner may exercise the powers.\nChapter 6 provides for the regulation of behaviour control.\nAlso, subsection (1) has effect subject to any limitation stated in the practitioner’s instrument of appointment.\n(sec.103-ssec.1) A senior practitioner or authorised practitioner has the powers given under this Act.\n(sec.103-ssec.2) However, a senior practitioner or authorised practitioner has the powers given under chapter 6 only if the practitioner’s instrument of appointment states that the practitioner may exercise the powers. Chapter 6 provides for the regulation of behaviour control.\n(sec.103-ssec.3) Also, subsection (1) has effect subject to any limitation stated in the practitioner’s instrument of appointment.","sortOrder":121},{"sectionNumber":"sec.104","sectionType":"section","heading":"Appointment of other persons to perform the role of a practitioner","content":"### sec.104 Appointment of other persons to perform the role of a practitioner\n\nThe administrator may, by written instrument, appoint a person to perform the role of a practitioner for the forensic disability service.\nHowever, a person may be appointed to perform the role of a practitioner only if, in the administrator’s opinion, the person has the necessary training, qualifications and expertise relevant to providing care and support of persons with an intellectual or cognitive disability.\nAlso, in appointing a person under this section, the administrator must have regard to the matters mentioned in section 101 (3) .\nAn appointment made under this section may limit the exercise of the powers the person has in performing the role of a practitioner under this Act.\nA person appointed under this section has the powers given to a practitioner whose role the person is appointed to perform.\nHowever, the person may not exercise powers given to a senior practitioner or authorised practitioner under chapter 6 .\nAlso, subsection (5) has effect subject to any limitation stated in the person’s instrument of appointment.\n(sec.104-ssec.1) The administrator may, by written instrument, appoint a person to perform the role of a practitioner for the forensic disability service.\n(sec.104-ssec.2) However, a person may be appointed to perform the role of a practitioner only if, in the administrator’s opinion, the person has the necessary training, qualifications and expertise relevant to providing care and support of persons with an intellectual or cognitive disability.\n(sec.104-ssec.3) Also, in appointing a person under this section, the administrator must have regard to the matters mentioned in section 101 (3) .\n(sec.104-ssec.4) An appointment made under this section may limit the exercise of the powers the person has in performing the role of a practitioner under this Act.\n(sec.104-ssec.5) A person appointed under this section has the powers given to a practitioner whose role the person is appointed to perform.\n(sec.104-ssec.6) However, the person may not exercise powers given to a senior practitioner or authorised practitioner under chapter 6 .\n(sec.104-ssec.7) Also, subsection (5) has effect subject to any limitation stated in the person’s instrument of appointment.","sortOrder":122},{"sectionNumber":"sec.105","sectionType":"section","heading":"Register of practitioners and other persons","content":"### sec.105 Register of practitioners and other persons\n\nThe administrator must keep a register of the following—\nsenior practitioners appointed under sections 101 and 102 ;\nauthorised practitioners appointed under section 101 ;\npersons appointed under section 104 to perform the role of a practitioner.\nThe register must identify the senior practitioners and authorised practitioners mentioned in subsection (1) whose instrument of appointment states that the practitioner may exercise the powers given under chapter 6 .\n(sec.105-ssec.1) The administrator must keep a register of the following— senior practitioners appointed under sections 101 and 102 ; authorised practitioners appointed under section 101 ; persons appointed under section 104 to perform the role of a practitioner.\n(sec.105-ssec.2) The register must identify the senior practitioners and authorised practitioners mentioned in subsection (1) whose instrument of appointment states that the practitioner may exercise the powers given under chapter 6 .\n- (a) senior practitioners appointed under sections 101 and 102 ;\n- (b) authorised practitioners appointed under section 101 ;\n- (c) persons appointed under section 104 to perform the role of a practitioner.","sortOrder":123},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Authorised officers","content":"# Authorised officers","sortOrder":124},{"sectionNumber":"sec.106","sectionType":"section","heading":"Appointment of authorised officers","content":"### sec.106 Appointment of authorised officers\n\nThe director or chief executive may appoint a registered health practitioner, speech pathologist, social worker engaged in providing disability services, lawyer or other person to be an authorised officer for this Act.\nHowever, a person may be appointed to be an authorised officer only if—\nthe person is not a forensic disability service employee; and\nin the director’s or chief executive’s opinion, the person has the necessary expertise or experience to be an authorised officer.\ns 106 amd 2013 No. 13 s 17\n(sec.106-ssec.1) The director or chief executive may appoint a registered health practitioner, speech pathologist, social worker engaged in providing disability services, lawyer or other person to be an authorised officer for this Act.\n(sec.106-ssec.2) However, a person may be appointed to be an authorised officer only if— the person is not a forensic disability service employee; and in the director’s or chief executive’s opinion, the person has the necessary expertise or experience to be an authorised officer.\n- (a) the person is not a forensic disability service employee; and\n- (b) in the director’s or chief executive’s opinion, the person has the necessary expertise or experience to be an authorised officer.","sortOrder":125},{"sectionNumber":"sec.107","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.107 Appointment conditions and limit on powers\n\nAn authorised officer holds office on the conditions stated in the officer’s instrument of appointment.\nThe instrument of appointment may limit the authorised officer’s powers under this Act.\n(sec.107-ssec.1) An authorised officer holds office on the conditions stated in the officer’s instrument of appointment.\n(sec.107-ssec.2) The instrument of appointment may limit the authorised officer’s powers under this Act.","sortOrder":126},{"sectionNumber":"sec.108","sectionType":"section","heading":"Approval of identity cards","content":"### sec.108 Approval of identity cards\n\nThe director must approve identity cards for authorised officers.\nAn approved identity card for an authorised officer must contain a recent photo of the officer.\nSee section 153 for the requirement for an authorised officer to identify himself or herself before exercising a power under this Act.\n(sec.108-ssec.1) The director must approve identity cards for authorised officers.\n(sec.108-ssec.2) An approved identity card for an authorised officer must contain a recent photo of the officer. See section 153 for the requirement for an authorised officer to identify himself or herself before exercising a power under this Act.","sortOrder":127},{"sectionNumber":"sec.109","sectionType":"section","heading":"When authorised officer ceases to hold office","content":"### sec.109 When authorised officer ceases to hold office\n\nAn authorised officer ceases to hold office if any of the following happen—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the officer ceases to hold office;\nthe officer’s resignation under section 110 takes effect.\nSubsection (1) does not limit the ways an authorised officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised officer holds office.\n(sec.109-ssec.1) An authorised officer ceases to hold office if any of the following happen— the term of office stated in a condition of office ends; under another condition of office, the officer ceases to hold office; the officer’s resignation under section 110 takes effect.\n(sec.109-ssec.2) Subsection (1) does not limit the ways an authorised officer may cease to hold office.\n(sec.109-ssec.3) In this section— condition of office means a condition on which the authorised officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the officer ceases to hold office;\n- (c) the officer’s resignation under section 110 takes effect.","sortOrder":128},{"sectionNumber":"sec.110","sectionType":"section","heading":"Resignation","content":"### sec.110 Resignation\n\nAn authorised officer may resign by signed notice given to the appointing entity.\nIn this section—\nappointing entity means the director or chief executive who appointed the authorised officer under this part.\n(sec.110-ssec.1) An authorised officer may resign by signed notice given to the appointing entity.\n(sec.110-ssec.2) In this section— appointing entity means the director or chief executive who appointed the authorised officer under this part.","sortOrder":129},{"sectionNumber":"sec.111","sectionType":"section","heading":"Powers","content":"### sec.111 Powers\n\nAn authorised officer has the powers given under this Act.\nAuthorised officers have powers under chapter 9 , part 5 .\nSubsection (1) has effect subject to any limitation stated in the officer’s instrument of appointment.\n(sec.111-ssec.1) An authorised officer has the powers given under this Act. Authorised officers have powers under chapter 9 , part 5 .\n(sec.111-ssec.2) Subsection (1) has effect subject to any limitation stated in the officer’s instrument of appointment.","sortOrder":130},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Return of forensic disability clients to forensic disability service for care and support","content":"# Return of forensic disability clients to forensic disability service for care and support","sortOrder":131},{"sectionNumber":"sec.112","sectionType":"section","heading":"Senior practitioner may require return of client","content":"### sec.112 Senior practitioner may require return of client\n\nA senior practitioner may, by written notice given to a forensic disability client, require the client to return to the forensic disability service on or before a stated time—\nto give effect to a change to the client’s individual development plan; or\nto give effect to a decision or order of the tribunal or Mental Health Court; or\nif the senior practitioner reasonably believes—\nthe client has not complied with the client’s individual development plan; and\nit is necessary in the interests of the client’s health or safety or the safety of others.\nThe senior practitioner must—\nstate the reasons for the requirement in the notice; and\ntalk to the client about the requirement.\nSee section 146 about complying with provisions as soon as practicable, section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.\nHowever, the senior practitioner need not comply with subsection (2) (b) if the senior practitioner reasonably believes that to do so would not be in the interests of the client’s health or safety or the safety of others.\n(sec.112-ssec.1) A senior practitioner may, by written notice given to a forensic disability client, require the client to return to the forensic disability service on or before a stated time— to give effect to a change to the client’s individual development plan; or to give effect to a decision or order of the tribunal or Mental Health Court; or if the senior practitioner reasonably believes— the client has not complied with the client’s individual development plan; and it is necessary in the interests of the client’s health or safety or the safety of others.\n(sec.112-ssec.2) The senior practitioner must— state the reasons for the requirement in the notice; and talk to the client about the requirement. See section 146 about complying with provisions as soon as practicable, section 147 about complying with provisions to the extent reasonably practicable and section 154 about ensuring the client understands things told or explained to the client.\n(sec.112-ssec.3) However, the senior practitioner need not comply with subsection (2) (b) if the senior practitioner reasonably believes that to do so would not be in the interests of the client’s health or safety or the safety of others.\n- (a) to give effect to a change to the client’s individual development plan; or\n- (b) to give effect to a decision or order of the tribunal or Mental Health Court; or\n- (c) if the senior practitioner reasonably believes— (i) the client has not complied with the client’s individual development plan; and (ii) it is necessary in the interests of the client’s health or safety or the safety of others.\n- (i) the client has not complied with the client’s individual development plan; and\n- (ii) it is necessary in the interests of the client’s health or safety or the safety of others.\n- (i) the client has not complied with the client’s individual development plan; and\n- (ii) it is necessary in the interests of the client’s health or safety or the safety of others.\n- (a) state the reasons for the requirement in the notice; and\n- (b) talk to the client about the requirement.","sortOrder":132},{"sectionNumber":"sec.113","sectionType":"section","heading":"Taking client to forensic disability service or authorised mental health service","content":"### sec.113 Taking client to forensic disability service or authorised mental health service\n\nThis section applies to—\na client required by notice under section 112 to return to the forensic disability service; or\na client for whom a temporary absence approval is revoked or the approved period of absence has ended; or\na client whose period of limited community treatment has ended; or\na client who has absconded from the charge of an authorised person mentioned in section 117 (2) ; or\na client who has absconded from detention in the forensic disability service; or\na client whose period of detention in an authorised mental health service under section 113A has ended.\nA practitioner may take a client mentioned in any of subsection (1) (a) to (e) to—\nthe forensic disability service; or\nan authorised mental health service if—\nit is not reasonably practicable to return the client to the forensic disability service; and\nthe director and the chief psychiatrist agree that the client be taken to the authorised mental health service for temporary detention under section 113A .\nA practitioner may take a client mentioned in subsection (1) (f) to—\nif the client is to be detained in the forensic disability service—the forensic disability service; or\nif the client is to undertake community treatment—the place where the client is to undertake the community treatment.\nSee section 155 for the use of reasonable force and section 144 for the administration of medication to the client.\nIf it is not reasonably practicable for a practitioner to take a client to the forensic disability service, an authorised mental health service or a place for community treatment (each the relevant place ) under subsection (2) or (3) , an authorised person under the Mental Health Act may, if agreed between the director and the chief psychiatrist, take the client to the relevant place.\nFor the purpose of taking a client to the relevant place under subsection (4) , an authorised person under the Mental Health Act may exercise a power, and has the obligations, under the Mental Health Act in relation to the client as if the client were a forensic patient being taken to an authorised mental health service.\nIf asked by a practitioner or an authorised person under the Mental Health Act , a police officer must, as soon as reasonably practicable, ensure reasonable help is given.\nFor giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3) .\ns 113 amd 2016 No. 5 s 893\n(sec.113-ssec.1) This section applies to— a client required by notice under section 112 to return to the forensic disability service; or a client for whom a temporary absence approval is revoked or the approved period of absence has ended; or a client whose period of limited community treatment has ended; or a client who has absconded from the charge of an authorised person mentioned in section 117 (2) ; or a client who has absconded from detention in the forensic disability service; or a client whose period of detention in an authorised mental health service under section 113A has ended.\n(sec.113-ssec.2) A practitioner may take a client mentioned in any of subsection (1) (a) to (e) to— the forensic disability service; or an authorised mental health service if— it is not reasonably practicable to return the client to the forensic disability service; and the director and the chief psychiatrist agree that the client be taken to the authorised mental health service for temporary detention under section 113A .\n(sec.113-ssec.3) A practitioner may take a client mentioned in subsection (1) (f) to— if the client is to be detained in the forensic disability service—the forensic disability service; or if the client is to undertake community treatment—the place where the client is to undertake the community treatment. See section 155 for the use of reasonable force and section 144 for the administration of medication to the client.\n(sec.113-ssec.4) If it is not reasonably practicable for a practitioner to take a client to the forensic disability service, an authorised mental health service or a place for community treatment (each the relevant place ) under subsection (2) or (3) , an authorised person under the Mental Health Act may, if agreed between the director and the chief psychiatrist, take the client to the relevant place.\n(sec.113-ssec.5) For the purpose of taking a client to the relevant place under subsection (4) , an authorised person under the Mental Health Act may exercise a power, and has the obligations, under the Mental Health Act in relation to the client as if the client were a forensic patient being taken to an authorised mental health service.\n(sec.113-ssec.6) If asked by a practitioner or an authorised person under the Mental Health Act , a police officer must, as soon as reasonably practicable, ensure reasonable help is given.\n(sec.113-ssec.7) For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3) .\n- (a) a client required by notice under section 112 to return to the forensic disability service; or\n- (b) a client for whom a temporary absence approval is revoked or the approved period of absence has ended; or\n- (c) a client whose period of limited community treatment has ended; or\n- (d) a client who has absconded from the charge of an authorised person mentioned in section 117 (2) ; or\n- (e) a client who has absconded from detention in the forensic disability service; or\n- (f) a client whose period of detention in an authorised mental health service under section 113A has ended.\n- (a) the forensic disability service; or\n- (b) an authorised mental health service if— (i) it is not reasonably practicable to return the client to the forensic disability service; and (ii) the director and the chief psychiatrist agree that the client be taken to the authorised mental health service for temporary detention under section 113A .\n- (i) it is not reasonably practicable to return the client to the forensic disability service; and\n- (ii) the director and the chief psychiatrist agree that the client be taken to the authorised mental health service for temporary detention under section 113A .\n- (i) it is not reasonably practicable to return the client to the forensic disability service; and\n- (ii) the director and the chief psychiatrist agree that the client be taken to the authorised mental health service for temporary detention under section 113A .\n- (a) if the client is to be detained in the forensic disability service—the forensic disability service; or\n- (b) if the client is to undertake community treatment—the place where the client is to undertake the community treatment.","sortOrder":133},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Temporary admission of client to authorised mental health service","content":"### sec.113A Temporary admission of client to authorised mental health service\n\nThis section applies if a client is taken to an authorised mental health service under section 113 .\nThe director and the chief psychiatrist may agree to transfer responsibility for the client from the forensic disability service to the authorised mental health service for an agreed period.\nSee the Mental Health Act , section 147 in relation to who is responsible for an adult subject to a forensic order (disability).\nSubject to subsection (4) , the agreed period must not be more than 3 days.\nThe director and the chief psychiatrist may agree that the client be detained in the authorised mental health service for more than 3 days if—\nboth the director and the chief psychiatrist are satisfied it is in the client’s best interests to do so having regard to the client’s health and safety; and\nthe director has given the chief psychiatrist written notice detailing the arrangements for returning the responsibility for the client to the forensic disability service, by the end of the longer period.\nThe chief psychiatrist must give written notice of an agreement mentioned in subsection (2) or (4) to the administrator of the authorised mental health service.\ns 113A ins 2016 No. 5 s 894\n(sec.113A-ssec.1) This section applies if a client is taken to an authorised mental health service under section 113 .\n(sec.113A-ssec.2) The director and the chief psychiatrist may agree to transfer responsibility for the client from the forensic disability service to the authorised mental health service for an agreed period. See the Mental Health Act , section 147 in relation to who is responsible for an adult subject to a forensic order (disability).\n(sec.113A-ssec.3) Subject to subsection (4) , the agreed period must not be more than 3 days.\n(sec.113A-ssec.4) The director and the chief psychiatrist may agree that the client be detained in the authorised mental health service for more than 3 days if— both the director and the chief psychiatrist are satisfied it is in the client’s best interests to do so having regard to the client’s health and safety; and the director has given the chief psychiatrist written notice detailing the arrangements for returning the responsibility for the client to the forensic disability service, by the end of the longer period.\n(sec.113A-ssec.5) The chief psychiatrist must give written notice of an agreement mentioned in subsection (2) or (4) to the administrator of the authorised mental health service.\n- (a) both the director and the chief psychiatrist are satisfied it is in the client’s best interests to do so having regard to the client’s health and safety; and\n- (b) the director has given the chief psychiatrist written notice detailing the arrangements for returning the responsibility for the client to the forensic disability service, by the end of the longer period.","sortOrder":134},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Entry of places","content":"# Entry of places","sortOrder":135},{"sectionNumber":"sec.114","sectionType":"section","heading":"Application of pt 2","content":"### sec.114 Application of pt 2\n\nThis part applies if, under section 113 , a practitioner is authorised to take a forensic disability client to the forensic disability service, an authorised mental health service or a place where the client is to undertake community treatment.\ns 114 amd 2016 No. 5 s 895","sortOrder":136},{"sectionNumber":"sec.115","sectionType":"section","heading":"Entry of places","content":"### sec.115 Entry of places\n\nFor taking the client to the forensic disability service, an authorised mental health service or a place where the client is to undertake community treatment, the practitioner may enter a place if—\nthe occupier of the place consents to the entry; or\nit is a public place and the entry is made when the place is open to the public.\ns 115 amd 2016 No. 5 s 896\n- (a) the occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when the place is open to the public.","sortOrder":137},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":138},{"sectionNumber":"sec.116","sectionType":"section","heading":"Offences relating to ill-treatment","content":"### sec.116 Offences relating to ill-treatment\n\nThis section applies to a person who has—\na responsibility for the detention, care and support and protection of a forensic disability client in the forensic disability service; or\nthe care or custody of a forensic disability client detained in the forensic disability service; or\nthe care or custody of a forensic disability client while the client is undertaking community treatment.\nThe person must not ill-treat the forensic disability client.\nMaximum penalty—150 penalty units or 1 year’s imprisonment.\nIn this section—\nill-treat includes wilfully abuse, neglect or exploit.\ns 116 amd 2016 No. 5 s 897\n(sec.116-ssec.1) This section applies to a person who has— a responsibility for the detention, care and support and protection of a forensic disability client in the forensic disability service; or the care or custody of a forensic disability client detained in the forensic disability service; or the care or custody of a forensic disability client while the client is undertaking community treatment.\n(sec.116-ssec.2) The person must not ill-treat the forensic disability client. Maximum penalty—150 penalty units or 1 year’s imprisonment.\n(sec.116-ssec.3) In this section— ill-treat includes wilfully abuse, neglect or exploit.\n- (a) a responsibility for the detention, care and support and protection of a forensic disability client in the forensic disability service; or\n- (b) the care or custody of a forensic disability client detained in the forensic disability service; or\n- (c) the care or custody of a forensic disability client while the client is undertaking community treatment.","sortOrder":139},{"sectionNumber":"sec.117","sectionType":"section","heading":"Offences relating to forensic disability clients absconding","content":"### sec.117 Offences relating to forensic disability clients absconding\n\nThis section applies if, under this Act, a person (the authorised person ) is—\ntaking a forensic disability client—\nto the forensic disability service; or\nto an authorised mental health service; or\nto a place of custody; or\nto appear before a court; or\naccompanying a forensic disability client while the client is undertaking limited community treatment; or\ncaring for a forensic disability client during the client’s absence from the forensic disability service under a temporary absence approval.\nFor this section, while the authorised person is acting as mentioned in subsection (1) , the client is in the authorised person’s charge.\nThe authorised person must not wilfully allow the client to abscond from the authorised person’s charge.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not knowingly help the client to abscond from the authorised person’s charge.\nMaximum penalty—200 penalty units or 2 years imprisonment.\ns 117 amd 2016 No. 5 s 898\n(sec.117-ssec.1) This section applies if, under this Act, a person (the authorised person ) is— taking a forensic disability client— to the forensic disability service; or to an authorised mental health service; or to a place of custody; or to appear before a court; or accompanying a forensic disability client while the client is undertaking limited community treatment; or caring for a forensic disability client during the client’s absence from the forensic disability service under a temporary absence approval.\n(sec.117-ssec.2) For this section, while the authorised person is acting as mentioned in subsection (1) , the client is in the authorised person’s charge.\n(sec.117-ssec.3) The authorised person must not wilfully allow the client to abscond from the authorised person’s charge. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.117-ssec.4) A person must not knowingly help the client to abscond from the authorised person’s charge. Maximum penalty—200 penalty units or 2 years imprisonment.\n- (a) taking a forensic disability client— (i) to the forensic disability service; or (ii) to an authorised mental health service; or (iii) to a place of custody; or (iv) to appear before a court; or\n- (i) to the forensic disability service; or\n- (ii) to an authorised mental health service; or\n- (iii) to a place of custody; or\n- (iv) to appear before a court; or\n- (b) accompanying a forensic disability client while the client is undertaking limited community treatment; or\n- (c) caring for a forensic disability client during the client’s absence from the forensic disability service under a temporary absence approval.\n- (i) to the forensic disability service; or\n- (ii) to an authorised mental health service; or\n- (iii) to a place of custody; or\n- (iv) to appear before a court; or","sortOrder":140},{"sectionNumber":"sec.118","sectionType":"section","heading":"Other offences relating to absence of forensic disability clients","content":"### sec.118 Other offences relating to absence of forensic disability clients\n\nA person must not—\ninduce, or knowingly help, a forensic disability client detained in the forensic disability service to unlawfully absent himself or herself from the service; or\nknowingly harbour a forensic disability client who is unlawfully absent from the forensic disability service.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nFor subsection (1) (a) or (b) , a forensic disability client is unlawfully absent from the forensic disability service if the client has absconded from the charge of an authorised person mentioned in section 117 (2) .\nA forensic disability service employee must not wilfully allow a forensic disability client detained in the forensic disability service to unlawfully absent himself or herself from the service.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.118-ssec.1) A person must not— induce, or knowingly help, a forensic disability client detained in the forensic disability service to unlawfully absent himself or herself from the service; or knowingly harbour a forensic disability client who is unlawfully absent from the forensic disability service. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.118-ssec.2) For subsection (1) (a) or (b) , a forensic disability client is unlawfully absent from the forensic disability service if the client has absconded from the charge of an authorised person mentioned in section 117 (2) .\n(sec.118-ssec.3) A forensic disability service employee must not wilfully allow a forensic disability client detained in the forensic disability service to unlawfully absent himself or herself from the service. Maximum penalty—200 penalty units or 2 years imprisonment.\n- (a) induce, or knowingly help, a forensic disability client detained in the forensic disability service to unlawfully absent himself or herself from the service; or\n- (b) knowingly harbour a forensic disability client who is unlawfully absent from the forensic disability service.","sortOrder":141},{"sectionNumber":"sec.119","sectionType":"section","heading":"Obstruction of official","content":"### sec.119 Obstruction of official\n\nA person must not obstruct an official in the exercise of a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nHowever, a forensic disability client does not commit an offence against subsection (1) merely because the client resists the exercise of the power in relation to himself or herself.\nIn this section—\nofficial means a following person—\nthe director;\nthe administrator;\na practitioner;\nan authorised officer;\na person acting under the direction of a person mentioned in any of paragraphs (a) to (d) ;\na doctor or registered nurse exercising a power under section 50 or 144 .\n(sec.119-ssec.1) A person must not obstruct an official in the exercise of a power under this Act, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.119-ssec.2) However, a forensic disability client does not commit an offence against subsection (1) merely because the client resists the exercise of the power in relation to himself or herself.\n(sec.119-ssec.3) In this section— official means a following person— the director; the administrator; a practitioner; an authorised officer; a person acting under the direction of a person mentioned in any of paragraphs (a) to (d) ; a doctor or registered nurse exercising a power under section 50 or 144 .\n- (a) the director;\n- (b) the administrator;\n- (c) a practitioner;\n- (d) an authorised officer;\n- (e) a person acting under the direction of a person mentioned in any of paragraphs (a) to (d) ;\n- (f) a doctor or registered nurse exercising a power under section 50 or 144 .","sortOrder":142},{"sectionNumber":"sec.120","sectionType":"section","heading":"False or misleading documents","content":"### sec.120 False or misleading documents\n\nA person must not state anything in a document required or permitted to be made under this Act the person knows is false or misleading in a material particular.\nMaximum penalty—40 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’.\n(sec.120-ssec.1) A person must not state anything in a document required or permitted to be made under this Act the person knows is false or misleading in a material particular. Maximum penalty—40 penalty units.\n(sec.120-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state the statement made was, without specifying which, ‘false or misleading’.","sortOrder":143},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":144},{"sectionNumber":"sec.121","sectionType":"section","heading":"Confidentiality of information—allied persons","content":"### sec.121 Confidentiality of information—allied persons\n\nThis section applies to a person who is, or has been, a forensic disability client’s allied person and in that capacity—\nacquired information about the client’s or another person’s affairs; or\nhas access to, or custody of, a document about the affairs of a forensic disability client or another person.\nThe person must not disclose the information, or give access to the document, to anyone else.\nMaximum penalty—50 penalty units or 6 months imprisonment.\nHowever, the person may disclose the information or give access to the document to someone else if—\nthe disclosure or giving of access is otherwise required or permitted by law; or\nthe person to whom the information or document relates agrees to the disclosure or giving of access and the person is an adult when the agreement is given.\n(sec.121-ssec.1) This section applies to a person who is, or has been, a forensic disability client’s allied person and in that capacity— acquired information about the client’s or another person’s affairs; or has access to, or custody of, a document about the affairs of a forensic disability client or another person.\n(sec.121-ssec.2) The person must not disclose the information, or give access to the document, to anyone else. Maximum penalty—50 penalty units or 6 months imprisonment.\n(sec.121-ssec.3) However, the person may disclose the information or give access to the document to someone else if— the disclosure or giving of access is otherwise required or permitted by law; or the person to whom the information or document relates agrees to the disclosure or giving of access and the person is an adult when the agreement is given.\n- (a) acquired information about the client’s or another person’s affairs; or\n- (b) has access to, or custody of, a document about the affairs of a forensic disability client or another person.\n- (a) the disclosure or giving of access is otherwise required or permitted by law; or\n- (b) the person to whom the information or document relates agrees to the disclosure or giving of access and the person is an adult when the agreement is given.","sortOrder":145},{"sectionNumber":"sec.122","sectionType":"section","heading":"Confidentiality of information—other persons","content":"### sec.122 Confidentiality of information—other persons\n\nThis section applies to a person who gains confidential information through the person’s involvement in the administration of this Act.\nThe person must not disclose the information to anyone, other than under subsection (4) .\nMaximum penalty—100 penalty units.\nWithout limiting subsection (1) , a person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being, any of the following—\nthe Minister;\nthe chief executive;\nthe director;\nthe chief psychiatrist;\nthe administrator;\na practitioner;\na forensic disability service employee not mentioned in paragraph (f) ;\nan authorised officer;\nan employee in the department.\nA person may disclose information to someone else—\nfor administering, monitoring or enforcing compliance with this Act; or\nto discharge a function under another law; or\nfor a proceeding in a court or tribunal; or\nif authorised under another law or a regulation made under this Act; or\nif—\nthe person is authorised in writing by the person to whom the information relates; and\nthe person to whom the information relates is an adult when the authorisation is given; or\nto protect a forensic disability client from abuse, neglect or exploitation.\nIn this section—\nconfidential information includes information about a person’s affairs but does not include—\ninformation already publicly disclosed unless further disclosure of the information is prohibited by law; or\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\ns 122 amd 2016 No. 5 s 899\n(sec.122-ssec.1) This section applies to a person who gains confidential information through the person’s involvement in the administration of this Act.\n(sec.122-ssec.2) The person must not disclose the information to anyone, other than under subsection (4) . Maximum penalty—100 penalty units.\n(sec.122-ssec.3) Without limiting subsection (1) , a person gains information through involvement in the administration of this Act if the person gains the information because of being, or an opportunity given by being, any of the following— the Minister; the chief executive; the director; the chief psychiatrist; the administrator; a practitioner; a forensic disability service employee not mentioned in paragraph (f) ; an authorised officer; an employee in the department.\n(sec.122-ssec.4) A person may disclose information to someone else— for administering, monitoring or enforcing compliance with this Act; or to discharge a function under another law; or for a proceeding in a court or tribunal; or if authorised under another law or a regulation made under this Act; or if— the person is authorised in writing by the person to whom the information relates; and the person to whom the information relates is an adult when the authorisation is given; or to protect a forensic disability client from abuse, neglect or exploitation.\n(sec.122-ssec.5) In this section— confidential information includes information about a person’s affairs but does not include— information already publicly disclosed unless further disclosure of the information is prohibited by law; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\n- (a) the Minister;\n- (b) the chief executive;\n- (c) the director;\n- (d) the chief psychiatrist;\n- (e) the administrator;\n- (f) a practitioner;\n- (g) a forensic disability service employee not mentioned in paragraph (f) ;\n- (h) an authorised officer;\n- (i) an employee in the department.\n- (a) for administering, monitoring or enforcing compliance with this Act; or\n- (b) to discharge a function under another law; or\n- (c) for a proceeding in a court or tribunal; or\n- (d) if authorised under another law or a regulation made under this Act; or\n- (e) if— (i) the person is authorised in writing by the person to whom the information relates; and (ii) the person to whom the information relates is an adult when the authorisation is given; or\n- (i) the person is authorised in writing by the person to whom the information relates; and\n- (ii) the person to whom the information relates is an adult when the authorisation is given; or\n- (f) to protect a forensic disability client from abuse, neglect or exploitation.\n- (i) the person is authorised in writing by the person to whom the information relates; and\n- (ii) the person to whom the information relates is an adult when the authorisation is given; or\n- (a) information already publicly disclosed unless further disclosure of the information is prohibited by law; or\n- (b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":146},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 amd 2012 No. 9 s 54 sch\nom 2016 No. 5 s 900","sortOrder":147},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Investigations","content":"# Investigations","sortOrder":148},{"sectionNumber":"sec.124","sectionType":"section","heading":"Authorised officer may visit forensic disability service","content":"### sec.124 Authorised officer may visit forensic disability service\n\nAn authorised officer may, for the proper and efficient administration of this Act, visit the forensic disability service (whether with or without notice) between the hours of 8a.m. and 6p.m.\nOn the visit, the officer may exercise the following powers—\ninspect any part of the service;\nconfer alone with a forensic disability client detained in the service;\nmake inquiries about the admission, assessment, detention or care and support of a forensic disability client in the service;\ninspect any document, including a medical record, about a forensic disability client who—\nhas been, or is being, assessed in the service; or\nhas received, or is receiving, care and support in the service;\ninspect any record or register required to be kept under this Act;\nrequire the administrator, or another person employed or engaged in the service, to give to the officer reasonable help for the exercise of any of the powers mentioned in paragraphs (a) to (e) .\nWhen making a requirement under subsection (2) (f) , the officer must warn the administrator or the other person that it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\nA person required to give reasonable help under subsection (2) (f) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf a person is required under subsection (2) (f) to give reasonable help by giving information or producing a document, it is a reasonable excuse if complying with the requirement might tend to incriminate the person.\n(sec.124-ssec.1) An authorised officer may, for the proper and efficient administration of this Act, visit the forensic disability service (whether with or without notice) between the hours of 8a.m. and 6p.m.\n(sec.124-ssec.2) On the visit, the officer may exercise the following powers— inspect any part of the service; confer alone with a forensic disability client detained in the service; make inquiries about the admission, assessment, detention or care and support of a forensic disability client in the service; inspect any document, including a medical record, about a forensic disability client who— has been, or is being, assessed in the service; or has received, or is receiving, care and support in the service; inspect any record or register required to be kept under this Act; require the administrator, or another person employed or engaged in the service, to give to the officer reasonable help for the exercise of any of the powers mentioned in paragraphs (a) to (e) .\n(sec.124-ssec.3) When making a requirement under subsection (2) (f) , the officer must warn the administrator or the other person that it is an offence not to comply with the requirement, unless the person has a reasonable excuse.\n(sec.124-ssec.4) A person required to give reasonable help under subsection (2) (f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.124-ssec.5) If a person is required under subsection (2) (f) to give reasonable help by giving information or producing a document, it is a reasonable excuse if complying with the requirement might tend to incriminate the person.\n- (a) inspect any part of the service;\n- (b) confer alone with a forensic disability client detained in the service;\n- (c) make inquiries about the admission, assessment, detention or care and support of a forensic disability client in the service;\n- (d) inspect any document, including a medical record, about a forensic disability client who— (i) has been, or is being, assessed in the service; or (ii) has received, or is receiving, care and support in the service;\n- (i) has been, or is being, assessed in the service; or\n- (ii) has received, or is receiving, care and support in the service;\n- (e) inspect any record or register required to be kept under this Act;\n- (f) require the administrator, or another person employed or engaged in the service, to give to the officer reasonable help for the exercise of any of the powers mentioned in paragraphs (a) to (e) .\n- (i) has been, or is being, assessed in the service; or\n- (ii) has received, or is receiving, care and support in the service;","sortOrder":149},{"sectionNumber":"sec.125","sectionType":"section","heading":"Authorised officer may require production of documents etc.","content":"### sec.125 Authorised officer may require production of documents etc.\n\nFor the proper and efficient administration of this Act, an authorised officer may, by written notice, require the administrator—\nto produce to the officer—\na stated document (including a medical record), or a copy of a stated document, about a forensic disability client; or\nanother document relevant to the administration or enforcement of this Act; or\nto provide stated information to the officer about—\na forensic disability client; or\nanother matter relevant to the administration or enforcement of this Act.\nThe notice must state the day on which the document or information is to be produced or provided.\nThe day stated under subsection (2) must be a reasonable time after the notice is given.\nThe administrator must comply with the notice, unless the administrator has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIt is a reasonable excuse if complying with the notice might tend to incriminate the administrator.\nIf a document, including a medical record, is produced to the authorised officer, the officer—\nmay inspect it and make copies of, or take extracts from, it if it is relevant to the administration of this Act; and\nfor an original document—must return it to the administrator within a reasonable time after it is produced.\n(sec.125-ssec.1) For the proper and efficient administration of this Act, an authorised officer may, by written notice, require the administrator— to produce to the officer— a stated document (including a medical record), or a copy of a stated document, about a forensic disability client; or another document relevant to the administration or enforcement of this Act; or to provide stated information to the officer about— a forensic disability client; or another matter relevant to the administration or enforcement of this Act.\n(sec.125-ssec.2) The notice must state the day on which the document or information is to be produced or provided.\n(sec.125-ssec.3) The day stated under subsection (2) must be a reasonable time after the notice is given.\n(sec.125-ssec.4) The administrator must comply with the notice, unless the administrator has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.125-ssec.5) It is a reasonable excuse if complying with the notice might tend to incriminate the administrator.\n(sec.125-ssec.6) If a document, including a medical record, is produced to the authorised officer, the officer— may inspect it and make copies of, or take extracts from, it if it is relevant to the administration of this Act; and for an original document—must return it to the administrator within a reasonable time after it is produced.\n- (a) to produce to the officer— (i) a stated document (including a medical record), or a copy of a stated document, about a forensic disability client; or (ii) another document relevant to the administration or enforcement of this Act; or\n- (i) a stated document (including a medical record), or a copy of a stated document, about a forensic disability client; or\n- (ii) another document relevant to the administration or enforcement of this Act; or\n- (b) to provide stated information to the officer about— (i) a forensic disability client; or (ii) another matter relevant to the administration or enforcement of this Act.\n- (i) a forensic disability client; or\n- (ii) another matter relevant to the administration or enforcement of this Act.\n- (i) a stated document (including a medical record), or a copy of a stated document, about a forensic disability client; or\n- (ii) another document relevant to the administration or enforcement of this Act; or\n- (i) a forensic disability client; or\n- (ii) another matter relevant to the administration or enforcement of this Act.\n- (a) may inspect it and make copies of, or take extracts from, it if it is relevant to the administration of this Act; and\n- (b) for an original document—must return it to the administrator within a reasonable time after it is produced.","sortOrder":150},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":"Evidence and legal proceedings","content":"# Evidence and legal proceedings","sortOrder":151},{"sectionNumber":"sec.126","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.126 Evidentiary provisions\n\nThis section applies to a proceeding under or in relation to this Act.\nUnless a party, by reasonable notice, requires proof of—\nthe appointment of any of the following—\nthe director;\nthe chief psychiatrist;\nthe administrator;\na senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service;\nan authorised officer; or\nthe authority of a person mentioned in paragraph (a) to do an act under this Act;\nthe appointment or authority must be presumed.\nA signature purporting to be the signature of a person mentioned in subsection (2) (a) , is evidence of the signature it purports to be.\nA certificate purporting to be signed by the director stating any of the following matters is evidence of the matter—\na stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act;\na stated document is a copy of an order, notice or decision made, issued or given under the Mental Health Act ;\non a stated day, or during a stated period, a stated person was or was not a forensic disability client;\na stated place is, or was on a stated day or during a stated period, the forensic disability service;\na stated place is, or was on a stated day or during a stated period, an authorised mental health service;\non a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act or the Mental Health Act ;\na stated document is a copy of a part of a register kept under this Act.\ns 126 amd 2016 No. 5 s 901\n(sec.126-ssec.1) This section applies to a proceeding under or in relation to this Act.\n(sec.126-ssec.2) Unless a party, by reasonable notice, requires proof of— the appointment of any of the following— the director; the chief psychiatrist; the administrator; a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service; an authorised officer; or the authority of a person mentioned in paragraph (a) to do an act under this Act; the appointment or authority must be presumed.\n(sec.126-ssec.3) A signature purporting to be the signature of a person mentioned in subsection (2) (a) , is evidence of the signature it purports to be.\n(sec.126-ssec.4) A certificate purporting to be signed by the director stating any of the following matters is evidence of the matter— a stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act; a stated document is a copy of an order, notice or decision made, issued or given under the Mental Health Act ; on a stated day, or during a stated period, a stated person was or was not a forensic disability client; a stated place is, or was on a stated day or during a stated period, the forensic disability service; a stated place is, or was on a stated day or during a stated period, an authorised mental health service; on a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act or the Mental Health Act ; a stated document is a copy of a part of a register kept under this Act.\n- (a) the appointment of any of the following— (i) the director; (ii) the chief psychiatrist; (iii) the administrator; (iv) a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service; (v) an authorised officer; or\n- (i) the director;\n- (ii) the chief psychiatrist;\n- (iii) the administrator;\n- (iv) a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service;\n- (v) an authorised officer; or\n- (b) the authority of a person mentioned in paragraph (a) to do an act under this Act;\n- (i) the director;\n- (ii) the chief psychiatrist;\n- (iii) the administrator;\n- (iv) a senior practitioner, authorised practitioner or person appointed to perform the role of a practitioner for the forensic disability service;\n- (v) an authorised officer; or\n- (a) a stated document is a copy of an order, notice, declaration, direction or decision made, issued or given under this Act;\n- (b) a stated document is a copy of an order, notice or decision made, issued or given under the Mental Health Act ;\n- (c) on a stated day, or during a stated period, a stated person was or was not a forensic disability client;\n- (d) a stated place is, or was on a stated day or during a stated period, the forensic disability service;\n- (e) a stated place is, or was on a stated day or during a stated period, an authorised mental health service;\n- (f) on a stated day, a stated person was given a stated order, notice, declaration, direction or decision under this Act or the Mental Health Act ;\n- (g) a stated document is a copy of a part of a register kept under this Act.","sortOrder":152},{"sectionNumber":"sec.127","sectionType":"section","heading":"Proceedings for offences","content":"### sec.127 Proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the offence is committed; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.127-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.127-ssec.2) The proceeding must start— within 1 year after the offence is committed; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) within 1 year after the offence is committed; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":153},{"sectionNumber":"sec.128","sectionType":"section","heading":"Protection of officials from liability","content":"### sec.128 Protection of officials from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means a following person—\nthe director;\nthe chief psychiatrist;\nthe administrator;\na practitioner;\nan authorised officer;\na person acting under the direction of a person mentioned in any of paragraphs (a) to (e) ;\na doctor or registered nurse exercising a power under section 50 or 144 .\ns 128 amd 2016 No. 5 s 902\n(sec.128-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.128-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.128-ssec.3) In this section— official means a following person— the director; the chief psychiatrist; the administrator; a practitioner; an authorised officer; a person acting under the direction of a person mentioned in any of paragraphs (a) to (e) ; a doctor or registered nurse exercising a power under section 50 or 144 .\n- (a) the director;\n- (b) the chief psychiatrist;\n- (c) the administrator;\n- (d) a practitioner;\n- (e) an authorised officer;\n- (f) a person acting under the direction of a person mentioned in any of paragraphs (a) to (e) ;\n- (g) a doctor or registered nurse exercising a power under section 50 or 144 .","sortOrder":154},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":155},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 om 2016 No. 5 s 903","sortOrder":156},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 om 2016 No. 5 s 903","sortOrder":157},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 om 2016 No. 5 s 903","sortOrder":158},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2016 No. 5 s 903","sortOrder":159},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 om 2016 No. 5 s 903","sortOrder":160},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 om 2016 No. 5 s 903","sortOrder":161},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 om 2016 No. 5 s 903","sortOrder":162},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 om 2016 No. 5 s 903","sortOrder":163},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 om 2016 No. 5 s 903","sortOrder":164},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 om 2016 No. 5 s 903","sortOrder":165},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\ns 139 om 2016 No. 5 s 903","sortOrder":167},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":168},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 om 2016 No. 5 s 903","sortOrder":169},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Other provisions about administration or use of medication","content":"# Other provisions about administration or use of medication","sortOrder":170},{"sectionNumber":"sec.143","sectionType":"section","heading":"Definition for pt 1","content":"### sec.143 Definition for pt 1\n\nIn this part—\nmedication does not include behaviour control medication.\nChapter 6 provides for the administration and use of behaviour control medication.","sortOrder":171},{"sectionNumber":"sec.144","sectionType":"section","heading":"Administration of medication for particular purposes","content":"### sec.144 Administration of medication for particular purposes\n\nThis section applies for taking a forensic disability client to or from the forensic disability service or an authorised mental health service under section 113 (each of which are the relevant service ).\nDespite the absence or refusal of the client’s consent, medication may be administered to the client before or while being taken to the relevant service.\nHowever, the medication—\nmay be administered to the client only if a doctor is satisfied it is necessary to ensure the safety of the client or others while the client is being taken to the relevant service; and\nmust be administered by a doctor, or registered nurse under the instruction of a doctor.\nThe doctor or registered nurse may administer the medication with the help, and using the minimum force, that is necessary and reasonable in the circumstances.\nFor subsection (4) (b) , the doctor’s instruction must include the medication’s name and the dose, route and frequency of administration.\nA doctor or registered nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (6) .\nThis section applies despite the Guardianship and Administration Act , chapter 5 , part 2 , division 1 .\nGuardianship and Administration Act , chapter 5 , part 2 , division 1 (Health care—no consent)\ns 144 amd 2016 No. 5 s 906\n(sec.144-ssec.2) This section applies for taking a forensic disability client to or from the forensic disability service or an authorised mental health service under section 113 (each of which are the relevant service ).\n(sec.144-ssec.3) Despite the absence or refusal of the client’s consent, medication may be administered to the client before or while being taken to the relevant service.\n(sec.144-ssec.4) However, the medication— may be administered to the client only if a doctor is satisfied it is necessary to ensure the safety of the client or others while the client is being taken to the relevant service; and must be administered by a doctor, or registered nurse under the instruction of a doctor.\n(sec.144-ssec.5) The doctor or registered nurse may administer the medication with the help, and using the minimum force, that is necessary and reasonable in the circumstances.\n(sec.144-ssec.6) For subsection (4) (b) , the doctor’s instruction must include the medication’s name and the dose, route and frequency of administration.\n(sec.144-ssec.7) A doctor or registered nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (6) .\n(sec.144-ssec.8) This section applies despite the Guardianship and Administration Act , chapter 5 , part 2 , division 1 . Guardianship and Administration Act , chapter 5 , part 2 , division 1 (Health care—no consent)\n- (a) may be administered to the client only if a doctor is satisfied it is necessary to ensure the safety of the client or others while the client is being taken to the relevant service; and\n- (b) must be administered by a doctor, or registered nurse under the instruction of a doctor.","sortOrder":172},{"sectionNumber":"sec.145","sectionType":"section","heading":"Review of client’s medication","content":"### sec.145 Review of client’s medication\n\nA senior practitioner must ensure a doctor regularly reviews a forensic disability client’s need for, and the appropriateness of, medication administered to or used by the client.\nSee section 52 for reviewing behaviour control medication.\nThe review must be carried out at least every 3 months.\nAlso, if requested by the director, a senior practitioner must ensure a doctor carries out an immediate review of a forensic disability client’s medication as mentioned in subsection (1) .\nThe doctor must record details of the review in the client’s file.\n(sec.145-ssec.1) A senior practitioner must ensure a doctor regularly reviews a forensic disability client’s need for, and the appropriateness of, medication administered to or used by the client. See section 52 for reviewing behaviour control medication.\n(sec.145-ssec.2) The review must be carried out at least every 3 months.\n(sec.145-ssec.3) Also, if requested by the director, a senior practitioner must ensure a doctor carries out an immediate review of a forensic disability client’s medication as mentioned in subsection (1) .\n(sec.145-ssec.4) The doctor must record details of the review in the client’s file.","sortOrder":173},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Compliance with particular provisions","content":"# Compliance with particular provisions","sortOrder":174},{"sectionNumber":"sec.146","sectionType":"section","heading":"Compliance with provisions as soon as practicable","content":"### sec.146 Compliance with provisions as soon as practicable\n\nThis section applies if, under a provision of this Act—\na person is required or permitted—\nto make, prepare or give a document to someone; or\nto talk to or tell someone about a matter; and\nno time is provided or allowed for complying with the provision.\nThe provision must be complied with as soon as practicable.\n(sec.146-ssec.1) This section applies if, under a provision of this Act— a person is required or permitted— to make, prepare or give a document to someone; or to talk to or tell someone about a matter; and no time is provided or allowed for complying with the provision.\n(sec.146-ssec.2) The provision must be complied with as soon as practicable.\n- (a) a person is required or permitted— (i) to make, prepare or give a document to someone; or (ii) to talk to or tell someone about a matter; and\n- (i) to make, prepare or give a document to someone; or\n- (ii) to talk to or tell someone about a matter; and\n- (b) no time is provided or allowed for complying with the provision.\n- (i) to make, prepare or give a document to someone; or\n- (ii) to talk to or tell someone about a matter; and","sortOrder":175},{"sectionNumber":"sec.147","sectionType":"section","heading":"Compliance with provisions to extent reasonably practicable","content":"### sec.147 Compliance with provisions to extent reasonably practicable\n\nThis section applies if, under a provision of this Act, a person is authorised or required to give notice to or tell someone about a matter.\nThe person need only comply with the provision to the extent that is reasonably practicable in the circumstances.\nWithout limiting subsection (2) , it is not reasonably practicable for the administrator to comply with a provision relating to a forensic disability client’s allied person if, after reasonable enquiries, the administrator can not ascertain the allied person’s whereabouts.\n(sec.147-ssec.1) This section applies if, under a provision of this Act, a person is authorised or required to give notice to or tell someone about a matter.\n(sec.147-ssec.2) The person need only comply with the provision to the extent that is reasonably practicable in the circumstances.\n(sec.147-ssec.3) Without limiting subsection (2) , it is not reasonably practicable for the administrator to comply with a provision relating to a forensic disability client’s allied person if, after reasonable enquiries, the administrator can not ascertain the allied person’s whereabouts.","sortOrder":176},{"sectionNumber":"sec.148","sectionType":"section","heading":"Administrator taken to have complied with particular requirements","content":"### sec.148 Administrator taken to have complied with particular requirements\n\nThis section applies if, under a provision of this Act—\nthe administrator is required to give notice to or tell a forensic disability client’s allied person about a matter; and\nthe administrator purportedly complies with the requirement by giving a notice to or telling a person about the matter in the honest and reasonable belief the person is the client’s allied person.\nThe administrator is taken to have complied with the requirement.\nAnything done or omitted to be done under this Act in reliance on the administrator’s purported compliance with the requirement is taken to be as effective as it would have been had the administrator complied with the requirement.\n(sec.148-ssec.1) This section applies if, under a provision of this Act— the administrator is required to give notice to or tell a forensic disability client’s allied person about a matter; and the administrator purportedly complies with the requirement by giving a notice to or telling a person about the matter in the honest and reasonable belief the person is the client’s allied person.\n(sec.148-ssec.2) The administrator is taken to have complied with the requirement.\n(sec.148-ssec.3) Anything done or omitted to be done under this Act in reliance on the administrator’s purported compliance with the requirement is taken to be as effective as it would have been had the administrator complied with the requirement.\n- (a) the administrator is required to give notice to or tell a forensic disability client’s allied person about a matter; and\n- (b) the administrator purportedly complies with the requirement by giving a notice to or telling a person about the matter in the honest and reasonable belief the person is the client’s allied person.","sortOrder":177},{"sectionNumber":"ch.12-pt.2A","sectionType":"part","heading":null,"content":"","sortOrder":178},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 orig s 149 om 2016 No. 5 s 907\nprev s 149 ins 2020 No. 16 s 21\nexp 31 December 2020 (see s 149D)","sortOrder":179},{"sectionNumber":"sec.149A","sectionType":"section","heading":null,"content":"### Section sec.149A\n\ns 149A ins 2020 No. 16 s 21\nexp 31 December 2020 (see s 149D)","sortOrder":180},{"sectionNumber":"sec.149B","sectionType":"section","heading":null,"content":"### Section sec.149B\n\ns 149B ins 2020 No. 16 s 21\nexp 31 December 2020 (see s 149D)","sortOrder":181},{"sectionNumber":"sec.149C","sectionType":"section","heading":null,"content":"### Section sec.149C\n\ns 149C ins 2020 No. 16 s 21\nexp 31 December 2020 (see s 149D)","sortOrder":182},{"sectionNumber":"sec.149D","sectionType":"section","heading":null,"content":"### Section sec.149D\n\ns 149D ins 2020 No. 16 s 21\nexp 31 December 2020 (see s 149D)","sortOrder":183},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":184},{"sectionNumber":"sec.150","sectionType":"section","heading":"Legal custody of client","content":"### sec.150 Legal custody of client\n\nA forensic disability client is in the legal custody of the administrator.","sortOrder":185},{"sectionNumber":"sec.151","sectionType":"section","heading":"Taking client to appear before court and return to forensic disability service","content":"### sec.151 Taking client to appear before court and return to forensic disability service\n\nThis section applies if a forensic disability client is required for any reason to appear before a court.\nA practitioner may take the client to appear before the court.\nSubject to any order the court may make, a practitioner may take the client back to the forensic disability service at the end of the proceedings.\nSee section 155 for the use of reasonable force.\n(sec.151-ssec.1) This section applies if a forensic disability client is required for any reason to appear before a court.\n(sec.151-ssec.2) A practitioner may take the client to appear before the court.\n(sec.151-ssec.3) Subject to any order the court may make, a practitioner may take the client back to the forensic disability service at the end of the proceedings. See section 155 for the use of reasonable force.","sortOrder":186},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 om 2016 No. 5 s 908","sortOrder":187},{"sectionNumber":"sec.153","sectionType":"section","heading":"Official to identify himself or herself before exercising powers","content":"### sec.153 Official to identify himself or herself before exercising powers\n\nBefore exercising a power under this Act in relation to another person, an official must, to the extent that it is reasonable and practicable in the circumstances, identify himself or herself, and anyone else helping the official exercise the power, to the other person.\nAn official who is an authorised officer complies with subsection (1) if the official—\nfirst produces his or her approved identity card for the person’s inspection; or\nhas his or her approved identity card displayed so that it is clearly visible to the person.\nFailure to comply with subsection (1) does not affect the validity of the exercise of the power.\nIn this section—\napproved identity card means an identity card approved under section 108 .\nofficial means—\ngenerally, a practitioner; but\nfor chapter 9 , part 5 , an authorised officer.\n(sec.153-ssec.1) Before exercising a power under this Act in relation to another person, an official must, to the extent that it is reasonable and practicable in the circumstances, identify himself or herself, and anyone else helping the official exercise the power, to the other person.\n(sec.153-ssec.2) An official who is an authorised officer complies with subsection (1) if the official— first produces his or her approved identity card for the person’s inspection; or has his or her approved identity card displayed so that it is clearly visible to the person.\n(sec.153-ssec.3) Failure to comply with subsection (1) does not affect the validity of the exercise of the power.\n(sec.153-ssec.4) In this section— approved identity card means an identity card approved under section 108 . official means— generally, a practitioner; but for chapter 9 , part 5 , an authorised officer.\n- (a) first produces his or her approved identity card for the person’s inspection; or\n- (b) has his or her approved identity card displayed so that it is clearly visible to the person.\n- (a) generally, a practitioner; but\n- (b) for chapter 9 , part 5 , an authorised officer.","sortOrder":188},{"sectionNumber":"sec.154","sectionType":"section","heading":"Ensuring client understands things told or explained to the client","content":"### sec.154 Ensuring client understands things told or explained to the client\n\nIf a provision of this Act requires a person to tell or explain something to a forensic disability client, the person must do so—\nin the language or way the client is most likely to understand; and\nin a way that has appropriate regard to the client’s age, culture, disability and communication ability.\nby using visual or other aids\nIf the person believes the client has not understood what the person told or explained to the client, the person must record details of the fact in the client’s file.\n(sec.154-ssec.1) If a provision of this Act requires a person to tell or explain something to a forensic disability client, the person must do so— in the language or way the client is most likely to understand; and in a way that has appropriate regard to the client’s age, culture, disability and communication ability. by using visual or other aids\n(sec.154-ssec.2) If the person believes the client has not understood what the person told or explained to the client, the person must record details of the fact in the client’s file.\n- (a) in the language or way the client is most likely to understand; and\n- (b) in a way that has appropriate regard to the client’s age, culture, disability and communication ability.","sortOrder":189},{"sectionNumber":"sec.155","sectionType":"section","heading":"Use of reasonable force","content":"### sec.155 Use of reasonable force\n\nSubsection (2) applies for the exercise of—\na practitioner’s power under section 113 (2) or (3) or 151 ; or\nthe administrator’s power to detain a forensic disability client in the forensic disability service if, under this Act or the applicable forensic order, a forensic disability client is authorised or required to be detained in the forensic disability service.\nThe practitioner or administrator, and anyone lawfully helping the practitioner or administrator—\nmay exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and\nis a public official for the Police Powers and Responsibilities Act 2000 .\nFor the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).\ns 155 amd 2016 No. 5 s 909\n(sec.155-ssec.1) Subsection (2) applies for the exercise of— a practitioner’s power under section 113 (2) or (3) or 151 ; or the administrator’s power to detain a forensic disability client in the forensic disability service if, under this Act or the applicable forensic order, a forensic disability client is authorised or required to be detained in the forensic disability service.\n(sec.155-ssec.2) The practitioner or administrator, and anyone lawfully helping the practitioner or administrator— may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and is a public official for the Police Powers and Responsibilities Act 2000 . For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).\n- (a) a practitioner’s power under section 113 (2) or (3) or 151 ; or\n- (b) the administrator’s power to detain a forensic disability client in the forensic disability service if, under this Act or the applicable forensic order, a forensic disability client is authorised or required to be detained in the forensic disability service.\n- (a) may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and\n- (b) is a public official for the Police Powers and Responsibilities Act 2000 . Note— For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).","sortOrder":190},{"sectionNumber":"sec.156","sectionType":"section","heading":"Period counted as imprisonment","content":"### sec.156 Period counted as imprisonment\n\nThe period a person is a forensic disability client for a particular offence is—\nfor the Penalties and Sentences Act 1992 —taken to be imprisonment already served under the sentence for the offence; or\nSee the Penalties and Sentences Act 1992 , section 159A (Time held in presentence custody to be deducted).\nfor the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted as part of the person’s period of imprisonment or detention for the offence.\nHowever, subsection (1) does not apply to a period the person is granted bail for the offence.\n(sec.156-ssec.1) The period a person is a forensic disability client for a particular offence is— for the Penalties and Sentences Act 1992 —taken to be imprisonment already served under the sentence for the offence; or See the Penalties and Sentences Act 1992 , section 159A (Time held in presentence custody to be deducted). for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted as part of the person’s period of imprisonment or detention for the offence.\n(sec.156-ssec.2) However, subsection (1) does not apply to a period the person is granted bail for the offence.\n- (a) for the Penalties and Sentences Act 1992 —taken to be imprisonment already served under the sentence for the offence; or Note— See the Penalties and Sentences Act 1992 , section 159A (Time held in presentence custody to be deducted).\n- (b) for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted as part of the person’s period of imprisonment or detention for the offence.","sortOrder":191},{"sectionNumber":"sec.157","sectionType":"section","heading":"Review of Act","content":"### sec.157 Review of Act\n\nThe Minister must review the efficacy and efficiency of this Act as soon as practicable after the end of 3 years after the commencement of this section.\nIn conducting the review, if the Minister is not responsible for administering the Mental Health Act , the Minister must consult with the Minister responsible for administering that Act.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.157-ssec.1) The Minister must review the efficacy and efficiency of this Act as soon as practicable after the end of 3 years after the commencement of this section.\n(sec.157-ssec.2) In conducting the review, if the Minister is not responsible for administering the Mental Health Act , the Minister must consult with the Minister responsible for administering that Act.\n(sec.157-ssec.3) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":192},{"sectionNumber":"sec.158","sectionType":"section","heading":"Approved forms","content":"### sec.158 Approved forms\n\nThe director may approve forms for use under this Act.","sortOrder":193},{"sectionNumber":"sec.159","sectionType":"section","heading":"Regulation-making power","content":"### sec.159 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the records to be kept and returns to be made by persons and the inspection of records.\nA regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.\n(sec.159-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.159-ssec.2) A regulation may be made about the records to be kept and returns to be made by persons and the inspection of records.\n(sec.159-ssec.3) A regulation may provide for a maximum penalty of not more than 20 penalty units for a contravention of a regulation.","sortOrder":194},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Transitional provision for Forensic Disability Act 2011","content":"# Transitional provision for Forensic Disability Act 2011","sortOrder":195},{"sectionNumber":"sec.160","sectionType":"section","heading":"Initial director","content":"### sec.160 Initial director\n\nThe chief practitioner disability is the initial Director of Forensic Disability ( initial director ) until whichever of the following happens first—\na Director of Forensic Disability is appointed under section 85;\nthe period of 5 years starting on the day this section commences ends;\nthe chief practitioner disability resigns from office as the initial director by signed notice given to the Minister;\nthe chief practitioner disability is removed from office as the initial director under subsection (2).\nThe functions of the initial director are provided for under section 87 (see schedule 2, definition director , paragraph (a)).\nThe Governor in Council may at any time remove the chief practitioner disability from office as the initial director for any reason or none.\nTo remove any doubt, it is declared that the chief practitioner disability may be appointed as Director of Forensic Disability under section 85.\nIn this section—\nchief practitioner disability means the Chief Practitioner Disability appointed under the Public Service Act 2008 .\n(sec.160-ssec.1) The chief practitioner disability is the initial Director of Forensic Disability ( initial director ) until whichever of the following happens first— a Director of Forensic Disability is appointed under section 85; the period of 5 years starting on the day this section commences ends; the chief practitioner disability resigns from office as the initial director by signed notice given to the Minister; the chief practitioner disability is removed from office as the initial director under subsection (2). The functions of the initial director are provided for under section 87 (see schedule 2, definition director , paragraph (a)).\n(sec.160-ssec.2) The Governor in Council may at any time remove the chief practitioner disability from office as the initial director for any reason or none.\n(sec.160-ssec.3) To remove any doubt, it is declared that the chief practitioner disability may be appointed as Director of Forensic Disability under section 85.\n(sec.160-ssec.4) In this section— chief practitioner disability means the Chief Practitioner Disability appointed under the Public Service Act 2008 .\n- (a) a Director of Forensic Disability is appointed under section 85;\n- (b) the period of 5 years starting on the day this section commences ends;\n- (c) the chief practitioner disability resigns from office as the initial director by signed notice given to the Minister;\n- (d) the chief practitioner disability is removed from office as the initial director under subsection (2).","sortOrder":196},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Transitional provisions for Mental Health Act 2016","content":"# Transitional provisions for Mental Health Act 2016","sortOrder":197},{"sectionNumber":"sec.161","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.161 Definitions for pt 2\n\nIn this part—\namended Act means this Act as in force on the commencement.\nprevious Act means this Act as in force immediately before the commencement.\ns 161 ins 2016 No. 5 s 912","sortOrder":198},{"sectionNumber":"sec.162","sectionType":"section","heading":"Temporary absence approval","content":"### sec.162 Temporary absence approval\n\nA temporary absence approval given under the previous Act, section 41 and in force immediately before the commencement is taken to be an approval given under the amended Act, section 32A.\ns 162 ins 2016 No. 5 s 912","sortOrder":199},{"sectionNumber":"sec.163","sectionType":"section","heading":"Transfer order","content":"### sec.163 Transfer order\n\nA transfer order made under the previous Act, section 142 for the transfer of a forensic disability client to an authorised mental health service is taken to be an agreement under the Mental Health Act 2016 , section 353 to transfer responsibility for the client from the forensic disability service to the authorised mental health service.\ns 163 ins 2016 No. 5 s 912","sortOrder":200},{"sectionNumber":"sec.164","sectionType":"section","heading":"Application of s 141","content":"### sec.164 Application of s 141\n\nThe period mentioned in section 141(5)(c) is taken to include a period for which the forensic disability client was—\ndetained temporarily in an authorised mental health service under the repealed Mental Health Act 2000, section 309B; or\nabsent from the health service while undertaking limited community treatment within the meaning of the repealed Mental Health Act 2000, or under an approval given section 186 of that Act.\ns 164 ins 2016 No. 5 s 912\n- (a) detained temporarily in an authorised mental health service under the repealed Mental Health Act 2000, section 309B; or\n- (b) absent from the health service while undertaking limited community treatment within the meaning of the repealed Mental Health Act 2000, or under an approval given section 186 of that Act.","sortOrder":201},{"sectionNumber":"sec.165","sectionType":"section","heading":"Application of transitional provisions to forensic disability clients","content":"### sec.165 Application of transitional provisions to forensic disability clients\n\nA provision of the Mental Health Act 2016 , chapter 20 applies for a forensic disability client to the extent—\nthe provision operates in relation to a previously applied provision; and\nthe context permits.\nThis section does not limit the operation of the Mental Health Act 2016 , chapter 20.\nIn this section—\npreviously applied provision means a provision of the repealed Mental Health Act 2000 that was, immediately before the commencement, an applied provision under this Act.\ns 165 ins 2016 No. 5 s 912\n(sec.165-ssec.1) A provision of the Mental Health Act 2016 , chapter 20 applies for a forensic disability client to the extent— the provision operates in relation to a previously applied provision; and the context permits.\n(sec.165-ssec.2) This section does not limit the operation of the Mental Health Act 2016 , chapter 20.\n(sec.165-ssec.3) In this section— previously applied provision means a provision of the repealed Mental Health Act 2000 that was, immediately before the commencement, an applied provision under this Act.\n- (a) the provision operates in relation to a previously applied provision; and\n- (b) the context permits.","sortOrder":202},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 ins 2016 No. 5 s 912\nexp 5 March 2018 (see s 166(4))","sortOrder":203}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":666},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2016 amendments (Mental Health Act 2016 integration) streamlined some provisions and added temporary absence approvals, but did not fundamentally expand scope beyond forensic disability clients. Some sections were repealed (sec.33-41, 92, 98, 123, 129-140) suggesting consolidation rather than expansion."},"complexity_factors":["Multiple overlapping legislative schemes — requires cross-referencing with Mental Health Act, Disability Services Act, Guardianship and Administration Act, and Penalties and Sentences Act","Nested conditional logic for restrictive practices (behaviour control medication, restraint, seclusion) with time limits, authorisation hierarchies and emergency exceptions","Defined terms scattered across sections and Schedule 2 dictionary, with some terms defined by reference to other Acts","Complex appointment and delegation structures for practitioners with varying powers depending on instrument of appointment","Extensive record-keeping and notification requirements with differing timeframes","Transitional provisions spanning multiple amending Acts (2011, 2013, 2016, 2020, 2022)","Cross-jurisdictional application clause (binds Commonwealth and other States 'as far as legislative power permits')"],"plain_english_summary":"This Queensland Act creates a specialised legal framework for **forensic disability clients** — adults with intellectual or cognitive disabilities who have been charged with criminal offences but found unfit to stand trial or not criminally responsible due to their disability.\n\n**What it does:**\n\n- **Establishes involuntary detention and care** for people with intellectual or cognitive disabilities who come into contact with the criminal justice system, providing an alternative to prison or mainstream mental health facilities\n- **Creates the Forensic Disability Service** — a dedicated facility where clients receive assessment, care and support\n- **Requires individual development plans** for each client, prepared by multidisciplinary teams (doctors, psychologists, therapists, etc.), focusing on rehabilitation, skill development and eventual community reintegration\n- **Regulates restrictive practices** including behaviour control medication, mechanical restraint and seclusion — with strict safeguards: these can only be used as a last resort, with time limits (restraint and seclusion authorisations expire within 3 hours), and require detailed record-keeping\n- **Provides for community treatment** — allowing clients to live in the community under supervision when safe to do so\n- **Protects client rights** through mandatory statements of rights, confidentiality provisions, visiting rights for independent health practitioners and legal advisers, and an independent Director who monitors compliance\n\n**Who it affects:**\nAdults with intellectual or cognitive disabilities who are subject to a \"forensic order (disability)\" under Queensland's Mental Health Act — essentially, people whose disability and alleged offending behaviour mean they need secure care rather than criminal punishment.\n\n**Why it matters:**\nThis Act recognises that people with intellectual disabilities in the criminal justice system have distinct needs from those with mental illness. It attempts to balance community safety with human rights, requiring that any restrictions on liberty be the \"least restrictive\" possible and that clients be supported to develop skills and eventually reintegrate into society."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The text shows substantive post‑enactment changes that broadened operational mechanisms and alignment with related mental‑health laws: additions and amendments introduce community treatment rules and transitional arrangements (secs 20–22, 21, 113A), temporary absence approvals (sec 32A), expanded director functions and policy duties (secs 85, 87, 91), and amendment annotations throughout. Those amendments alter how and when clients may be treated in the community, the director’s administrative role, and cross‑referrals to the Mental Health Act (see secs 20–22, 32A, 85, 91, 113A)."},"complexity_factors":["Cross‑statutory links and dependence on other Acts (Mental Health Act, Disability Services Act, Guardianship and Administration Act, Penalties and Sentences Act) create layered legal tests and referral points (see e.g. secs 10, 11–12, 47, 48, 156).","Multiple decision‑makers with overlapping powers and delegated instruments: Director (secs 85–91), Administrator (secs 95–100, 99), Senior practitioner and authorised practitioners (secs 101–105, 103); delegation rules and limits add procedural complexity (secs 90, 96, 102).","Detailed procedural safeguards and documentation requirements increase compliance burden: individual development plans, reviews and records (secs 13–19, 15, 51, 52, 145, 74, 80).","Frequent mandatory clinical reviews and reporting intervals (every 3 months for medication/behaviour control reviews—secs 52, 145; prompt notification duties to director—secs 71–72) impose operational costs on services.","Regulation of high‑risk interventions (chapter 6): tightly specified authorisations, time limits, observation and notification rules for behaviour control medication, restraint and seclusion (secs 42–46, 49–73) creates legal risk for staff and requires clinical governance.","Powers to search, seize and dispose of items, with procedural safeguards and compensation rights (secs 76–81) engage evidentiary and investigatory processes.","Criminal offences and penalties for staff and third parties (ill‑treatment, absconding, obstruction, false documents—secs 116–120, 117–119) increase formal accountability and litigation risk.","Investigatory powers and inspections by authorised officers with production notices and penalties for non‑compliance (secs 124–125) create oversight layers.","Protections for officials and State liability shift financial exposure to the State where officials act honestly and without negligence (sec 128), affecting who ultimately pays for civil claims.","Director's policy‑making power and administrative discretion (must issue policies; inconsistencies invalid but operationally significant—sec 91) centralises rule‑making within the office and affects uniformity of practice."],"plain_english_summary":"Mechanically, this Act creates a statutory system for adults with intellectual or cognitive disability who are subject to a forensic order: it provides for involuntary detention, individual development plans, multidisciplinary assessment, community treatment, and tightly regulated use of behaviour controls (medication, restraint, seclusion). It also sets up a Director, an administrator and authorised practitioners, record‑keeping and reporting duties, search and seizure powers, and criminal offences. The rules determine who decides (director, senior practitioner, tribunal/ court) and the compliance and review obligations that organisations and staff must meet."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original Act appears to have had broader provisions (sections 33–41 were omitted by 2016 No. 5 s 887, and other sections were amended). The 2016 amendments appear to have shifted some functions and provisions — likely relating to allied person rights and client notification — into the Mental Health Act 2016, consolidating those provisions there rather than in this Act. The core detention and care framework remained, but the scope was narrowed by removing or relocating provisions that previously sat within this Act's allied person rights chapter. Section 32A (temporary absence) was also inserted by the 2016 amendments, suggesting the scope was simultaneously narrowed in some areas and expanded in others."},"complexity_factors":["Intersects with multiple other Acts including the Mental Health Act, Disability Services Act, Guardianship and Administration Act — requiring cross-referencing to fully understand the scheme","Specialist legal and medical terminology (forensic orders, habilitation, regulated behaviour controls, multidisciplinary assessment) that requires unpacking","Multiple tiers of decision-making authority — director, senior practitioner, authorised practitioner — with different powers at each level, creating a layered authorisation hierarchy","Complex balancing exercise required in every decision: client rights vs community safety vs victim needs vs individual development plan","Strict procedural requirements for each type of regulated behaviour control (medication, restraint, seclusion), each with distinct authorisation pathways, time limits and documentation obligations","Community treatment provisions require both tribunal/court approval AND senior practitioner satisfaction — dual gate mechanism with multiple criteria","Has been amended by at least two major amending Acts (2011 No. 13, 2016 No. 5) with significant sections omitted, creating gaps in the provided text that require tracking","Separate rules apply depending on whether a client is in the facility, on community treatment, or on temporary absence — context-dependent application throughout","Provisions interact with criminal law concepts (forensic orders, unlawful acts) while operating in a disability/health care framework — hybrid legal domain"],"plain_english_summary":"This law sets how Queensland treats adults with intellectual or cognitive disability who are found not criminally responsible and placed in specialist forensic disability services. It requires personalised care and development planning, protects human rights and dignity, tightly limits use of restrictive measures, and provides pathways (with safety checks) back to the community. Its purpose is therapeutic care and client support while balancing public safety and victims’ interests."}},"importantCases":[],"_links":{"self":"/api/acts/forensic-disability-act-2011","history":"/api/acts/forensic-disability-act-2011/history","analysis":"/api/acts/forensic-disability-act-2011/analysis","conflicts":"/api/acts/forensic-disability-act-2011/conflicts","importantCases":"/api/acts/forensic-disability-act-2011/important-cases","documents":"/api/acts/forensic-disability-act-2011/documents"}}