{"id":"qld:act-2016-005","name":"Mental Health Act 2016","slug":"mental-health-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"5 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29634,"registerId":"qld-act-2016-005-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 Mental Health Act 2016 .","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":"sec.3","sectionType":"section","heading":"Main objects of Act","content":"### sec.3 Main objects of Act\n\nThe main objects of this Act are—\nto improve and maintain the health and wellbeing of persons who have a mental illness who do not have the capacity to consent to be treated; and\nto enable persons to be diverted from the criminal justice system if found to have been of unsound mind at the time of committing an unlawful act or to be unfit for trial; and\nto protect the community if persons diverted from the criminal justice system may be at risk of harming others.\nThe main objects are to be achieved in a way that—\nsafeguards the rights of persons; and\nis the least restrictive of the rights and liberties of a person who has a mental illness; and\npromotes the recovery of a person who has a mental illness, and the person’s ability to live in the community, without the need for involuntary treatment and care.\nFor subsection (2) (b) , a way is the least restrictive of the rights and liberties of a person who has a mental illness if the way adversely affects the person’s rights and liberties only to the extent required to protect the person’s safety and welfare or the safety of others.\n(sec.3-ssec.1) The main objects of this Act are— to improve and maintain the health and wellbeing of persons who have a mental illness who do not have the capacity to consent to be treated; and to enable persons to be diverted from the criminal justice system if found to have been of unsound mind at the time of committing an unlawful act or to be unfit for trial; and to protect the community if persons diverted from the criminal justice system may be at risk of harming others.\n(sec.3-ssec.2) The main objects are to be achieved in a way that— safeguards the rights of persons; and is the least restrictive of the rights and liberties of a person who has a mental illness; and promotes the recovery of a person who has a mental illness, and the person’s ability to live in the community, without the need for involuntary treatment and care.\n(sec.3-ssec.3) For subsection (2) (b) , a way is the least restrictive of the rights and liberties of a person who has a mental illness if the way adversely affects the person’s rights and liberties only to the extent required to protect the person’s safety and welfare or the safety of others.\n- (a) to improve and maintain the health and wellbeing of persons who have a mental illness who do not have the capacity to consent to be treated; and\n- (b) to enable persons to be diverted from the criminal justice system if found to have been of unsound mind at the time of committing an unlawful act or to be unfit for trial; and\n- (c) to protect the community if persons diverted from the criminal justice system may be at risk of harming others.\n- (a) safeguards the rights of persons; and\n- (b) is the least restrictive of the rights and liberties of a person who has a mental illness; and\n- (c) promotes the recovery of a person who has a mental illness, and the person’s ability to live in the community, without the need for involuntary treatment and care.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 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 the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Principles for administration of Act","content":"# Principles for administration of Act","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Principles for persons with mental illness","content":"### sec.5 Principles for persons with mental illness\n\nThe following principles apply to the administration of this Act in relation to a person who has, or may have, a mental illness—\nSame human rights\nthe right of all persons to the same basic human rights must be recognised and taken into account\na person’s right to respect for his or her human worth and dignity as an individual must be recognised and taken into account\nMatters to be considered in making decisions\nto the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person’s life, especially decisions about treatment and care\nto the greatest extent practicable, in making a decision about a person, the person’s views, wishes and preferences are to be taken into account\na person is presumed to have capacity to make decisions about the person’s treatment and care and other matters under this Act\nSupport persons\nto the greatest extent practicable, family, carers and other support persons of a person who has a mental illness are to be involved in decisions about the person’s treatment and care, subject to the person’s right to privacy\nProvision of support and information\nto the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, providing access to other persons to help the person express the person’s views, wishes and preferences\nAchievement of maximum potential and self-reliance\nto the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance\nAcknowledgement of needs\na person’s age-related, gender-related, religious, communication and other special needs must be recognised and taken into account\na person’s hearing, visual or speech impairment must be recognised and taken into account\nAboriginal people and Torres Strait Islanders\nthe unique cultural, communication and other needs of Aboriginal people and Torres Strait Islanders must be recognised and taken into account\nAboriginal people and Torres Strait Islanders should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom, mental health and social and emotional wellbeing, and is culturally appropriate and respectful\nto the extent practicable and appropriate in the circumstances, communication with Aboriginal people and Torres Strait Islanders is to be assisted by an interpreter\nPersons from culturally and linguistically diverse backgrounds\nthe unique cultural, communication and other needs of persons from culturally and linguistically diverse backgrounds must be recognised and taken into account\nservices provided to persons from culturally and linguistically diverse backgrounds must have regard to the person’s cultural, religious and spiritual beliefs and practices\nto the extent practicable and appropriate in the circumstances, communication with persons from culturally and linguistically diverse backgrounds is to be assisted by an interpreter\nMinors\nto the greatest extent practicable, a minor receiving treatment and care must have the minor’s best interests recognised and promoted, including, for example, by receiving treatment and care separately from adults if practicable and by having the minor’s specific needs, wellbeing and safety recognised and protected\nMaintenance of supportive relationships and community participation\nto the greatest extent practicable, the importance of a person’s continued participation in community life and maintaining existing supportive relationships are to be taken into account, including, for example, by providing treatment in the community in which the person lives\nImportance of recovery-oriented services and reduction of stigma\nthe importance of recovery-oriented services and the reduction of stigma associated with mental illness must be recognised and taken into account\nProvision of treatment and care\ntreatment and care provided under this Act must be provided to a person who has a mental illness only if it is appropriate for promoting and maintaining the person’s health and wellbeing\nPrivacy and confidentiality\na person’s right to privacy and confidentiality of information about the person must be recognised and taken into account.\n- (a) Same human rights • the right of all persons to the same basic human rights must be recognised and taken into account • a person’s right to respect for his or her human worth and dignity as an individual must be recognised and taken into account\n- • the right of all persons to the same basic human rights must be recognised and taken into account\n- • a person’s right to respect for his or her human worth and dignity as an individual must be recognised and taken into account\n- (b) Matters to be considered in making decisions • to the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person’s life, especially decisions about treatment and care • to the greatest extent practicable, in making a decision about a person, the person’s views, wishes and preferences are to be taken into account • a person is presumed to have capacity to make decisions about the person’s treatment and care and other matters under this Act\n- • to the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person’s life, especially decisions about treatment and care\n- • to the greatest extent practicable, in making a decision about a person, the person’s views, wishes and preferences are to be taken into account\n- • a person is presumed to have capacity to make decisions about the person’s treatment and care and other matters under this Act\n- (c) Support persons • to the greatest extent practicable, family, carers and other support persons of a person who has a mental illness are to be involved in decisions about the person’s treatment and care, subject to the person’s right to privacy\n- • to the greatest extent practicable, family, carers and other support persons of a person who has a mental illness are to be involved in decisions about the person’s treatment and care, subject to the person’s right to privacy\n- (d) Provision of support and information • to the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, providing access to other persons to help the person express the person’s views, wishes and preferences\n- • to the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, providing access to other persons to help the person express the person’s views, wishes and preferences\n- (e) Achievement of maximum potential and self-reliance • to the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance\n- • to the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance\n- (f) Acknowledgement of needs • a person’s age-related, gender-related, religious, communication and other special needs must be recognised and taken into account • a person’s hearing, visual or speech impairment must be recognised and taken into account\n- • a person’s age-related, gender-related, religious, communication and other special needs must be recognised and taken into account\n- • a person’s hearing, visual or speech impairment must be recognised and taken into account\n- (g) Aboriginal people and Torres Strait Islanders • the unique cultural, communication and other needs of Aboriginal people and Torres Strait Islanders must be recognised and taken into account • Aboriginal people and Torres Strait Islanders should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom, mental health and social and emotional wellbeing, and is culturally appropriate and respectful • to the extent practicable and appropriate in the circumstances, communication with Aboriginal people and Torres Strait Islanders is to be assisted by an interpreter\n- • the unique cultural, communication and other needs of Aboriginal people and Torres Strait Islanders must be recognised and taken into account\n- • Aboriginal people and Torres Strait Islanders should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom, mental health and social and emotional wellbeing, and is culturally appropriate and respectful\n- • to the extent practicable and appropriate in the circumstances, communication with Aboriginal people and Torres Strait Islanders is to be assisted by an interpreter\n- (h) Persons from culturally and linguistically diverse backgrounds • the unique cultural, communication and other needs of persons from culturally and linguistically diverse backgrounds must be recognised and taken into account • services provided to persons from culturally and linguistically diverse backgrounds must have regard to the person’s cultural, religious and spiritual beliefs and practices • to the extent practicable and appropriate in the circumstances, communication with persons from culturally and linguistically diverse backgrounds is to be assisted by an interpreter\n- • the unique cultural, communication and other needs of persons from culturally and linguistically diverse backgrounds must be recognised and taken into account\n- • services provided to persons from culturally and linguistically diverse backgrounds must have regard to the person’s cultural, religious and spiritual beliefs and practices\n- • to the extent practicable and appropriate in the circumstances, communication with persons from culturally and linguistically diverse backgrounds is to be assisted by an interpreter\n- (i) Minors • to the greatest extent practicable, a minor receiving treatment and care must have the minor’s best interests recognised and promoted, including, for example, by receiving treatment and care separately from adults if practicable and by having the minor’s specific needs, wellbeing and safety recognised and protected\n- • to the greatest extent practicable, a minor receiving treatment and care must have the minor’s best interests recognised and promoted, including, for example, by receiving treatment and care separately from adults if practicable and by having the minor’s specific needs, wellbeing and safety recognised and protected\n- (j) Maintenance of supportive relationships and community participation • to the greatest extent practicable, the importance of a person’s continued participation in community life and maintaining existing supportive relationships are to be taken into account, including, for example, by providing treatment in the community in which the person lives\n- • to the greatest extent practicable, the importance of a person’s continued participation in community life and maintaining existing supportive relationships are to be taken into account, including, for example, by providing treatment in the community in which the person lives\n- (k) Importance of recovery-oriented services and reduction of stigma • the importance of recovery-oriented services and the reduction of stigma associated with mental illness must be recognised and taken into account\n- • the importance of recovery-oriented services and the reduction of stigma associated with mental illness must be recognised and taken into account\n- (l) Provision of treatment and care • treatment and care provided under this Act must be provided to a person who has a mental illness only if it is appropriate for promoting and maintaining the person’s health and wellbeing\n- • treatment and care provided under this Act must be provided to a person who has a mental illness only if it is appropriate for promoting and maintaining the person’s health and wellbeing\n- (m) Privacy and confidentiality • a person’s right to privacy and confidentiality of information about the person must be recognised and taken into account.\n- • a person’s right to privacy and confidentiality of information about the person must be recognised and taken into account.\n- • the right of all persons to the same basic human rights must be recognised and taken into account\n- • a person’s right to respect for his or her human worth and dignity as an individual must be recognised and taken into account\n- • to the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person’s life, especially decisions about treatment and care\n- • to the greatest extent practicable, in making a decision about a person, the person’s views, wishes and preferences are to be taken into account\n- • a person is presumed to have capacity to make decisions about the person’s treatment and care and other matters under this Act\n- • to the greatest extent practicable, family, carers and other support persons of a person who has a mental illness are to be involved in decisions about the person’s treatment and care, subject to the person’s right to privacy\n- • to the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, providing access to other persons to help the person express the person’s views, wishes and preferences\n- • to the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance\n- • a person’s age-related, gender-related, religious, communication and other special needs must be recognised and taken into account\n- • a person’s hearing, visual or speech impairment must be recognised and taken into account\n- • the unique cultural, communication and other needs of Aboriginal people and Torres Strait Islanders must be recognised and taken into account\n- • Aboriginal people and Torres Strait Islanders should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom, mental health and social and emotional wellbeing, and is culturally appropriate and respectful\n- • to the extent practicable and appropriate in the circumstances, communication with Aboriginal people and Torres Strait Islanders is to be assisted by an interpreter\n- • the unique cultural, communication and other needs of persons from culturally and linguistically diverse backgrounds must be recognised and taken into account\n- • services provided to persons from culturally and linguistically diverse backgrounds must have regard to the person’s cultural, religious and spiritual beliefs and practices\n- • to the extent practicable and appropriate in the circumstances, communication with persons from culturally and linguistically diverse backgrounds is to be assisted by an interpreter\n- • to the greatest extent practicable, a minor receiving treatment and care must have the minor’s best interests recognised and promoted, including, for example, by receiving treatment and care separately from adults if practicable and by having the minor’s specific needs, wellbeing and safety recognised and protected\n- • to the greatest extent practicable, the importance of a person’s continued participation in community life and maintaining existing supportive relationships are to be taken into account, including, for example, by providing treatment in the community in which the person lives\n- • the importance of recovery-oriented services and the reduction of stigma associated with mental illness must be recognised and taken into account\n- • treatment and care provided under this Act must be provided to a person who has a mental illness only if it is appropriate for promoting and maintaining the person’s health and wellbeing\n- • a person’s right to privacy and confidentiality of information about the person must be recognised and taken into account.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Principles for victims and others","content":"### sec.6 Principles for victims and others\n\nThe principles mentioned in subsection (2) apply to the administration of this Act in relation to each of the following (each a victim )—\na victim of an unlawful act;\na close relative of a victim of an unlawful act;\nanother individual who has suffered harm because of an unlawful act committed against a person mentioned in paragraph (a) .\nThe principles are the following—\nthe physical, psychological and emotional harm caused to the victim by the unlawful act must be recognised with compassion;\nthe benefits of counselling, advice on the nature of proceedings under this Act and other support services to the recovery of the victim from the harm caused by the unlawful act must be recognised;\nthe benefits to the victim of being advised in a timely way of proceedings under this Act against a person in relation to the unlawful act must be recognised;\nthe benefits to the victim of the timely completion of proceedings against a person in relation to the unlawful act must be recognised;\nthe benefits to the victim of being advised in a timely way of a decision to allow a person to be treated in the community must be recognised;\nthe benefits to the victim of being given the opportunity to express the victim’s views on the impact of the unlawful act to decision-making entities under this Act must be recognised.\n(sec.6-ssec.1) The principles mentioned in subsection (2) apply to the administration of this Act in relation to each of the following (each a victim )— a victim of an unlawful act; a close relative of a victim of an unlawful act; another individual who has suffered harm because of an unlawful act committed against a person mentioned in paragraph (a) .\n(sec.6-ssec.2) The principles are the following— the physical, psychological and emotional harm caused to the victim by the unlawful act must be recognised with compassion; the benefits of counselling, advice on the nature of proceedings under this Act and other support services to the recovery of the victim from the harm caused by the unlawful act must be recognised; the benefits to the victim of being advised in a timely way of proceedings under this Act against a person in relation to the unlawful act must be recognised; the benefits to the victim of the timely completion of proceedings against a person in relation to the unlawful act must be recognised; the benefits to the victim of being advised in a timely way of a decision to allow a person to be treated in the community must be recognised; the benefits to the victim of being given the opportunity to express the victim’s views on the impact of the unlawful act to decision-making entities under this Act must be recognised.\n- (a) a victim of an unlawful act;\n- (b) a close relative of a victim of an unlawful act;\n- (c) another individual who has suffered harm because of an unlawful act committed against a person mentioned in paragraph (a) .\n- (a) the physical, psychological and emotional harm caused to the victim by the unlawful act must be recognised with compassion;\n- (b) the benefits of counselling, advice on the nature of proceedings under this Act and other support services to the recovery of the victim from the harm caused by the unlawful act must be recognised;\n- (c) the benefits to the victim of being advised in a timely way of proceedings under this Act against a person in relation to the unlawful act must be recognised;\n- (d) the benefits to the victim of the timely completion of proceedings against a person in relation to the unlawful act must be recognised;\n- (e) the benefits to the victim of being advised in a timely way of a decision to allow a person to be treated in the community must be recognised;\n- (f) the benefits to the victim of being given the opportunity to express the victim’s views on the impact of the unlawful act to decision-making entities under this Act must be recognised.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Regard to principles","content":"### sec.7 Regard to principles\n\nIn performing a function or exercising a power under this Act, a person is to have regard to the principles mentioned in sections 5 and 6 .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application to person with intellectual disability","content":"### sec.8 Application to person with intellectual disability\n\nTo the extent this Act applies to a person who has an intellectual disability—\nsections 3 and 5 apply in relation to the person as if a reference in the sections to a person who has a mental illness were a reference to a person who has an intellectual disability; and\na reference in the Act to treatment and care of a person means a reference to care of the person; and\na reference in the Act to recovery of a person means a reference to the rehabilitation, and development of living skills, of the person.\n- (a) sections 3 and 5 apply in relation to the person as if a reference in the sections to a person who has a mental illness were a reference to a person who has an intellectual disability; and\n- (b) a reference in the Act to treatment and care of a person means a reference to care of the person; and\n- (c) a reference in the Act to recovery of a person means a reference to the rehabilitation, and development of living skills, of the person.","sortOrder":9},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Definitions","content":"### sec.9 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of mental illness","content":"### sec.10 Meaning of mental illness\n\nMental illness is a condition characterised by a clinically significant disturbance of thought, mood, perception or memory.\nHowever, a person must not be considered to have a mental illness merely because—\nthe person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion; or\nthe person is a member of a particular racial group; or\nthe person has a particular economic or social status; or\nthe person has a particular sexual preference or sexual orientation; or\nthe person engages in sexual promiscuity; or\nthe person engages in immoral or indecent conduct; or\nthe person takes drugs or alcohol; or\nthe person has an intellectual disability; or\nthe person engages in antisocial behaviour or illegal behaviour; or\nthe person is or has been involved in family conflict; or\nthe person has previously been treated for a mental illness or been subject to involuntary assessment or treatment.\nSubsection (2) does not prevent a person mentioned in the subsection having a mental illness.\nA person may have a mental illness caused by taking drugs or alcohol.\nA person may have a mental illness as well as an intellectual disability.\nA decision that a person has a mental illness must be made in accordance with internationally accepted medical standards.\n(sec.10-ssec.1) Mental illness is a condition characterised by a clinically significant disturbance of thought, mood, perception or memory.\n(sec.10-ssec.2) However, a person must not be considered to have a mental illness merely because— the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion; or the person is a member of a particular racial group; or the person has a particular economic or social status; or the person has a particular sexual preference or sexual orientation; or the person engages in sexual promiscuity; or the person engages in immoral or indecent conduct; or the person takes drugs or alcohol; or the person has an intellectual disability; or the person engages in antisocial behaviour or illegal behaviour; or the person is or has been involved in family conflict; or the person has previously been treated for a mental illness or been subject to involuntary assessment or treatment.\n(sec.10-ssec.3) Subsection (2) does not prevent a person mentioned in the subsection having a mental illness. A person may have a mental illness caused by taking drugs or alcohol. A person may have a mental illness as well as an intellectual disability.\n(sec.10-ssec.4) A decision that a person has a mental illness must be made in accordance with internationally accepted medical standards.\n- (a) the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion; or\n- (b) the person is a member of a particular racial group; or\n- (c) the person has a particular economic or social status; or\n- (d) the person has a particular sexual preference or sexual orientation; or\n- (e) the person engages in sexual promiscuity; or\n- (f) the person engages in immoral or indecent conduct; or\n- (g) the person takes drugs or alcohol; or\n- (h) the person has an intellectual disability; or\n- (i) the person engages in antisocial behaviour or illegal behaviour; or\n- (j) the person is or has been involved in family conflict; or\n- (k) the person has previously been treated for a mental illness or been subject to involuntary assessment or treatment.\n- 1 A person may have a mental illness caused by taking drugs or alcohol.\n- 2 A person may have a mental illness as well as an intellectual disability.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of involuntary patient","content":"### sec.11 Meaning of involuntary patient\n\nAn involuntary patient means—\na person subject to any of the following—\nan examination authority;\na recommendation for assessment;\na treatment authority;\na forensic order;\na treatment support order;\na judicial order; or\na person detained in an authorised mental health service or public sector health service facility under section 36 ; or\na person from another State detained in an authorised mental health service under section 368 (3) (b) .\ns 11 amd 2022 No. 1 s 117 s ch 1 pt 2\n- (a) a person subject to any of the following— (i) an examination authority; (ii) a recommendation for assessment; (iii) a treatment authority; (iv) a forensic order; (v) a treatment support order; (vi) a judicial order; or\n- (i) an examination authority;\n- (ii) a recommendation for assessment;\n- (iii) a treatment authority;\n- (iv) a forensic order;\n- (v) a treatment support order;\n- (vi) a judicial order; or\n- (b) a person detained in an authorised mental health service or public sector health service facility under section 36 ; or\n- (c) a person from another State detained in an authorised mental health service under section 368 (3) (b) .\n- (i) an examination authority;\n- (ii) a recommendation for assessment;\n- (iii) a treatment authority;\n- (iv) a forensic order;\n- (v) a treatment support order;\n- (vi) a judicial order; or","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of treatment criteria","content":"### sec.12 Meaning of treatment criteria\n\nThe treatment criteria for a person are all of the following—\nthe person has a mental illness;\nthe person does not have capacity to consent to be treated for the illness;\nbecause of the person’s illness, the absence of involuntary treatment, or the absence of continued involuntary treatment, is likely to result in—\nimminent serious harm to the person or others; or\nthe person suffering serious mental or physical deterioration.\nFor subsection (1) (b) , the person’s own consent only is relevant.\nSubsection (2) applies despite the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 or any other law.\n(sec.12-ssec.1) The treatment criteria for a person are all of the following— the person has a mental illness; the person does not have capacity to consent to be treated for the illness; because of the person’s illness, the absence of involuntary treatment, or the absence of continued involuntary treatment, is likely to result in— imminent serious harm to the person or others; or the person suffering serious mental or physical deterioration.\n(sec.12-ssec.2) For subsection (1) (b) , the person’s own consent only is relevant.\n(sec.12-ssec.3) Subsection (2) applies despite the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 or any other law.\n- (a) the person has a mental illness;\n- (b) the person does not have capacity to consent to be treated for the illness;\n- (c) because of the person’s illness, the absence of involuntary treatment, or the absence of continued involuntary treatment, is likely to result in— (i) imminent serious harm to the person or others; or (ii) the person suffering serious mental or physical deterioration.\n- (i) imminent serious harm to the person or others; or\n- (ii) the person suffering serious mental or physical deterioration.\n- (i) imminent serious harm to the person or others; or\n- (ii) the person suffering serious mental or physical deterioration.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of less restrictive way","content":"### sec.13 Meaning of less restrictive way\n\nFor this Act, there is a less restrictive way for a person to receive treatment and care for the person’s mental illness if, instead of receiving involuntary treatment and care, the person is able to receive the treatment and care that is reasonably necessary for the person’s mental illness in 1 of the following ways—\nif the person is a minor—with the consent of the minor’s parent;\nif the person has made an advance health directive—under the advance health directive;\nif a personal guardian has been appointed for the person—with the consent of the personal guardian;\nif an attorney has been appointed by the person—with the consent of the attorney;\notherwise—with the consent of the person’s statutory health attorney.\nAn advance health directive does not cover the matters that are clinically relevant or appropriate for the person’s treatment and care.\nAn advance health directive does not authorise the administration of the medications that are clinically necessary for the person’s treatment and care.\nAn attorney does not consent to the administration of the medications that are clinically necessary for the person’s treatment and care.\nIn deciding whether there is a less restrictive way for a person to receive the treatment and care that is reasonably necessary for the person’s mental illness, a person performing a function or exercising a power under this Act must—\nconsider the ways mentioned in subsection (1) in the listed order set out in the subsection; and\ncomply with the policy that must be made by the chief psychiatrist under section 305 (1) (a) about when it may not be appropriate for a person to receive treatment and care for the person’s mental illness under an advance health directive or with the consent of a personal guardian, attorney or statutory health attorney for the person.\nTo remove any doubt, it is declared that this section does not limit the power of the public guardian to act as a statutory health attorney for a person under the Powers of Attorney Act 1998 .\nIn this section—\nstatutory health attorney means the person’s statutory health attorney under the Powers of Attorney Act 1998 , section 63 (1) .\n(sec.13-ssec.1) For this Act, there is a less restrictive way for a person to receive treatment and care for the person’s mental illness if, instead of receiving involuntary treatment and care, the person is able to receive the treatment and care that is reasonably necessary for the person’s mental illness in 1 of the following ways— if the person is a minor—with the consent of the minor’s parent; if the person has made an advance health directive—under the advance health directive; if a personal guardian has been appointed for the person—with the consent of the personal guardian; if an attorney has been appointed by the person—with the consent of the attorney; otherwise—with the consent of the person’s statutory health attorney. An advance health directive does not cover the matters that are clinically relevant or appropriate for the person’s treatment and care. An advance health directive does not authorise the administration of the medications that are clinically necessary for the person’s treatment and care. An attorney does not consent to the administration of the medications that are clinically necessary for the person’s treatment and care.\n(sec.13-ssec.2) In deciding whether there is a less restrictive way for a person to receive the treatment and care that is reasonably necessary for the person’s mental illness, a person performing a function or exercising a power under this Act must— consider the ways mentioned in subsection (1) in the listed order set out in the subsection; and comply with the policy that must be made by the chief psychiatrist under section 305 (1) (a) about when it may not be appropriate for a person to receive treatment and care for the person’s mental illness under an advance health directive or with the consent of a personal guardian, attorney or statutory health attorney for the person.\n(sec.13-ssec.3) To remove any doubt, it is declared that this section does not limit the power of the public guardian to act as a statutory health attorney for a person under the Powers of Attorney Act 1998 .\n(sec.13-ssec.4) In this section— statutory health attorney means the person’s statutory health attorney under the Powers of Attorney Act 1998 , section 63 (1) .\n- (a) if the person is a minor—with the consent of the minor’s parent;\n- (b) if the person has made an advance health directive—under the advance health directive;\n- (c) if a personal guardian has been appointed for the person—with the consent of the personal guardian;\n- (d) if an attorney has been appointed by the person—with the consent of the attorney;\n- (e) otherwise—with the consent of the person’s statutory health attorney.\n- 1 An advance health directive does not cover the matters that are clinically relevant or appropriate for the person’s treatment and care.\n- 2 An advance health directive does not authorise the administration of the medications that are clinically necessary for the person’s treatment and care.\n- 3 An attorney does not consent to the administration of the medications that are clinically necessary for the person’s treatment and care.\n- (a) consider the ways mentioned in subsection (1) in the listed order set out in the subsection; and\n- (b) comply with the policy that must be made by the chief psychiatrist under section 305 (1) (a) about when it may not be appropriate for a person to receive treatment and care for the person’s mental illness under an advance health directive or with the consent of a personal guardian, attorney or statutory health attorney for the person.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of capacity to consent to be treated","content":"### sec.14 Meaning of capacity to consent to be treated\n\nA person has capacity to consent to be treated if the person—\nis capable of understanding, in general terms—\nthat the person has an illness, or symptoms of an illness, that affects the person’s mental health and wellbeing; and\nthe nature and purpose of the treatment for the illness; and\nthe benefits and risks of the treatment, and alternatives to the treatment; and\nthe consequences of not receiving the treatment; and\nis capable of making a decision about the treatment and communicating the decision in some way.\nA person may have capacity to consent to be treated even though the person decides not to receive treatment.\nA person may be supported by another person in understanding the matters mentioned in subsection (1) (a) and making a decision about the treatment.\nThis section does not affect the common law in relation to—\nthe capacity of a minor to consent to be treated; or\na parent of a minor consenting to treatment of the minor.\n(sec.14-ssec.1) A person has capacity to consent to be treated if the person— is capable of understanding, in general terms— that the person has an illness, or symptoms of an illness, that affects the person’s mental health and wellbeing; and the nature and purpose of the treatment for the illness; and the benefits and risks of the treatment, and alternatives to the treatment; and the consequences of not receiving the treatment; and is capable of making a decision about the treatment and communicating the decision in some way.\n(sec.14-ssec.2) A person may have capacity to consent to be treated even though the person decides not to receive treatment.\n(sec.14-ssec.3) A person may be supported by another person in understanding the matters mentioned in subsection (1) (a) and making a decision about the treatment.\n(sec.14-ssec.4) This section does not affect the common law in relation to— the capacity of a minor to consent to be treated; or a parent of a minor consenting to treatment of the minor.\n- (a) is capable of understanding, in general terms— (i) that the person has an illness, or symptoms of an illness, that affects the person’s mental health and wellbeing; and (ii) the nature and purpose of the treatment for the illness; and (iii) the benefits and risks of the treatment, and alternatives to the treatment; and (iv) the consequences of not receiving the treatment; and\n- (i) that the person has an illness, or symptoms of an illness, that affects the person’s mental health and wellbeing; and\n- (ii) the nature and purpose of the treatment for the illness; and\n- (iii) the benefits and risks of the treatment, and alternatives to the treatment; and\n- (iv) the consequences of not receiving the treatment; and\n- (b) is capable of making a decision about the treatment and communicating the decision in some way.\n- (i) that the person has an illness, or symptoms of an illness, that affects the person’s mental health and wellbeing; and\n- (ii) the nature and purpose of the treatment for the illness; and\n- (iii) the benefits and risks of the treatment, and alternatives to the treatment; and\n- (iv) the consequences of not receiving the treatment; and\n- (a) the capacity of a minor to consent to be treated; or\n- (b) a parent of a minor consenting to treatment of the minor.","sortOrder":16},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Territory of Norfolk Island taken to be a State","content":"### sec.14A Territory of Norfolk Island taken to be a State\n\nFor this Act, the Territory of Norfolk Island is taken to be a State.\ns 14A ins 2022 No. 1 s 9B","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Responsibility for involuntary patient or forensic disability client","content":"### sec.15 Responsibility for involuntary patient or forensic disability client\n\nThis section applies if a provision of this Act states that—\nan authorised mental health service is responsible for an involuntary patient; or\nthe forensic disability service is responsible for a person subject to a forensic order (disability).\nIf subsection (1) (a) applies, the administrator of the authorised mental health service is responsible for the treatment and care of the involuntary patient under the authority or order to which the person is subject.\nIf subsection (1) (b) applies, the administrator of the forensic disability service is responsible for the care of the person under the forensic order (disability) to which the person is subject.\n(sec.15-ssec.1) This section applies if a provision of this Act states that— an authorised mental health service is responsible for an involuntary patient; or the forensic disability service is responsible for a person subject to a forensic order (disability).\n(sec.15-ssec.2) If subsection (1) (a) applies, the administrator of the authorised mental health service is responsible for the treatment and care of the involuntary patient under the authority or order to which the person is subject.\n(sec.15-ssec.3) If subsection (1) (b) applies, the administrator of the forensic disability service is responsible for the care of the person under the forensic order (disability) to which the person is subject.\n- (a) an authorised mental health service is responsible for an involuntary patient; or\n- (b) the forensic disability service is responsible for a person subject to a forensic order (disability).","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Purpose of limited community treatment","content":"### sec.16 Purpose of limited community treatment\n\nThe purpose of limited community treatment is to support a patient’s recovery by transitioning the patient to living in the community with appropriate treatment and care.","sortOrder":19},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Overview of Act","content":"# Overview of Act","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Purpose of pt 4","content":"### sec.17 Purpose of pt 4\n\nThis part gives an overview of this Act.","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Treatment authorities","content":"### sec.18 Treatment authorities\n\nA treatment authority is a lawful authority to provide treatment and care to a person who has a mental illness who does not have capacity to consent to be treated.\nA treatment authority may be made for a person if an authorised doctor considers the treatment criteria apply to the person and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, under an advance health directive.\nKey elements of the treatment criteria are that the person does not have capacity to consent to be treated and there is a risk of imminent serious harm to the person or others.\nThe category of a treatment authority is—\ncommunity, if the person’s treatment and care needs can be met in the community; or\ninpatient, if the person’s treatment and care needs can be met only by being an inpatient.\nIf the category of a person’s treatment authority is inpatient, the person may receive limited community treatment, for a period of not more than 7 consecutive days, if authorised under this Act.\n(sec.18-ssec.1) A treatment authority is a lawful authority to provide treatment and care to a person who has a mental illness who does not have capacity to consent to be treated.\n(sec.18-ssec.2) A treatment authority may be made for a person if an authorised doctor considers the treatment criteria apply to the person and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, under an advance health directive.\n(sec.18-ssec.3) Key elements of the treatment criteria are that the person does not have capacity to consent to be treated and there is a risk of imminent serious harm to the person or others.\n(sec.18-ssec.4) The category of a treatment authority is— community, if the person’s treatment and care needs can be met in the community; or inpatient, if the person’s treatment and care needs can be met only by being an inpatient.\n(sec.18-ssec.5) If the category of a person’s treatment authority is inpatient, the person may receive limited community treatment, for a period of not more than 7 consecutive days, if authorised under this Act.\n- (a) community, if the person’s treatment and care needs can be met in the community; or\n- (b) inpatient, if the person’s treatment and care needs can be met only by being an inpatient.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Persons in custody","content":"### sec.19 Persons in custody\n\nA person in custody, including, for example, in a watch house or prison, may be transferred to an authorised mental health service for an assessment to decide if a treatment authority should be made for the person, or for treatment and care for the person’s mental illness.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Psychiatrist reports","content":"### sec.20 Psychiatrist reports\n\nIf a person subject to a treatment authority, forensic order or treatment support order is charged with a serious offence, the person, or someone on the person’s behalf, may request that a psychiatrist prepare a report stating the psychiatrist’s opinion about whether the person—\nmay have been of unsound mind at the time of the alleged commission of the serious offence; or\nmay be unfit for trial.\nAlso, if a person is charged with a serious offence, whether or not the person is subject to a treatment authority, forensic order or treatment support order, the chief psychiatrist may direct that a psychiatrist prepare a report about the matters mentioned in subsection (1) if the chief psychiatrist considers it is in the public interest.\nA serious offence is an indictable offence, other than an offence that, under the Criminal Code , must be heard and decided summarily.\n(sec.20-ssec.1) If a person subject to a treatment authority, forensic order or treatment support order is charged with a serious offence, the person, or someone on the person’s behalf, may request that a psychiatrist prepare a report stating the psychiatrist’s opinion about whether the person— may have been of unsound mind at the time of the alleged commission of the serious offence; or may be unfit for trial.\n(sec.20-ssec.2) Also, if a person is charged with a serious offence, whether or not the person is subject to a treatment authority, forensic order or treatment support order, the chief psychiatrist may direct that a psychiatrist prepare a report about the matters mentioned in subsection (1) if the chief psychiatrist considers it is in the public interest.\n(sec.20-ssec.3) A serious offence is an indictable offence, other than an offence that, under the Criminal Code , must be heard and decided summarily.\n- (a) may have been of unsound mind at the time of the alleged commission of the serious offence; or\n- (b) may be unfit for trial.","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Mental Health Court","content":"### sec.21 Mental Health Court\n\nThe Mental Health Court decides whether a person charged with a serious offence or other particular offences was of unsound mind or, for the offence of murder, of diminished responsibility, when the offence was allegedly committed or is unfit for trial.\nIf the court decides a person was of unsound mind when the offence was allegedly committed, or is unfit for trial, the court may make a forensic order or treatment support order for the person.\nThe forensic order may be a forensic order (mental health) or a forensic order (disability).\nThe court must also decide the category of the order and, if the category is inpatient, any limited community treatment for the person.\nIf the court decides a person is unfit for trial and the unfitness for trial is not permanent, the person’s fitness for trial is periodically reviewed by the Mental Health Review Tribunal.\n(sec.21-ssec.1) The Mental Health Court decides whether a person charged with a serious offence or other particular offences was of unsound mind or, for the offence of murder, of diminished responsibility, when the offence was allegedly committed or is unfit for trial.\n(sec.21-ssec.2) If the court decides a person was of unsound mind when the offence was allegedly committed, or is unfit for trial, the court may make a forensic order or treatment support order for the person.\n(sec.21-ssec.3) The forensic order may be a forensic order (mental health) or a forensic order (disability).\n(sec.21-ssec.4) The court must also decide the category of the order and, if the category is inpatient, any limited community treatment for the person.\n(sec.21-ssec.5) If the court decides a person is unfit for trial and the unfitness for trial is not permanent, the person’s fitness for trial is periodically reviewed by the Mental Health Review Tribunal.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Magistrates Courts","content":"### sec.22 Magistrates Courts\n\nA Magistrates Court may dismiss a complaint for a simple offence if the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence was, or appears to have been, of unsound mind when the offence was allegedly committed or is unfit for trial.\nA Magistrates Court may also order that a person appearing before the court be examined by an authorised doctor to decide whether to make a treatment authority for the person or to make recommendations about the person’s treatment and care.\n(sec.22-ssec.1) A Magistrates Court may dismiss a complaint for a simple offence if the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence was, or appears to have been, of unsound mind when the offence was allegedly committed or is unfit for trial.\n(sec.22-ssec.2) A Magistrates Court may also order that a person appearing before the court be examined by an authorised doctor to decide whether to make a treatment authority for the person or to make recommendations about the person’s treatment and care.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Treatment and care of patients","content":"### sec.23 Treatment and care of patients\n\nThe treatment and care of a patient is the responsibility of authorised doctors and administrators of authorised mental health services.\nA person subject to a treatment authority must be regularly assessed to decide if the treatment authority should continue.\nAn authorised doctor may amend a person’s treatment authority, forensic order or treatment support order by changing the category of the authority or order, its conditions, or the nature or extent of limited community treatment.\nAn amendment of an authority or order by an authorised doctor must be in accordance with decisions of the Mental Health Court and the Mental Health Review Tribunal.\nTo the extent practicable, decisions in relation to treatment and care for a patient must be made in consultation with the patient and the patient’s family, carers and other support persons, subject to the patient’s right to privacy.\nThe performance of electroconvulsive therapy and non-ablative neurosurgical procedures is regulated under this Act.\nPsychosurgery is prohibited under this Act.\n(sec.23-ssec.1) The treatment and care of a patient is the responsibility of authorised doctors and administrators of authorised mental health services.\n(sec.23-ssec.2) A person subject to a treatment authority must be regularly assessed to decide if the treatment authority should continue.\n(sec.23-ssec.3) An authorised doctor may amend a person’s treatment authority, forensic order or treatment support order by changing the category of the authority or order, its conditions, or the nature or extent of limited community treatment.\n(sec.23-ssec.4) An amendment of an authority or order by an authorised doctor must be in accordance with decisions of the Mental Health Court and the Mental Health Review Tribunal.\n(sec.23-ssec.5) To the extent practicable, decisions in relation to treatment and care for a patient must be made in consultation with the patient and the patient’s family, carers and other support persons, subject to the patient’s right to privacy.\n(sec.23-ssec.6) The performance of electroconvulsive therapy and non-ablative neurosurgical procedures is regulated under this Act.\n(sec.23-ssec.7) Psychosurgery is prohibited under this Act.","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Mechanical restraint, seclusion, physical restraint and other practices","content":"### sec.24 Mechanical restraint, seclusion, physical restraint and other practices\n\nThe use of mechanical restraint, seclusion, physical restraint, and other practices are regulated under this Act.\nThe use of mechanical restraint on an involuntary patient in an authorised mental health service must be approved by the chief psychiatrist.\nMechanical restraint and seclusion may be used only if there is no other reasonably practicable way to protect the patient or others from physical harm.\n(sec.24-ssec.1) The use of mechanical restraint, seclusion, physical restraint, and other practices are regulated under this Act.\n(sec.24-ssec.2) The use of mechanical restraint on an involuntary patient in an authorised mental health service must be approved by the chief psychiatrist.\n(sec.24-ssec.3) Mechanical restraint and seclusion may be used only if there is no other reasonably practicable way to protect the patient or others from physical harm.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Rights of patients","content":"### sec.25 Rights of patients\n\nThis Act provides for a statement of rights for involuntary patients and other patients of authorised mental health services.\nA person may appoint 1 or 2 nominated support persons to support the person under this Act if the person becomes an involuntary patient.\nThe health service chief executive responsible for a public sector mental health service must appoint 1 or more independent patient rights advisers to advise patients and their nominated support persons, family, carers and other support persons of their rights under this Act.\n(sec.25-ssec.1) This Act provides for a statement of rights for involuntary patients and other patients of authorised mental health services.\n(sec.25-ssec.2) A person may appoint 1 or 2 nominated support persons to support the person under this Act if the person becomes an involuntary patient.\n(sec.25-ssec.3) The health service chief executive responsible for a public sector mental health service must appoint 1 or more independent patient rights advisers to advise patients and their nominated support persons, family, carers and other support persons of their rights under this Act.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Chief psychiatrist","content":"### sec.26 Chief psychiatrist\n\nThe chief psychiatrist protects the rights of patients in authorised mental health services.\nThe chief psychiatrist makes policies and practice guidelines that must be complied with by persons performing functions in authorised mental health services.\nThe chief psychiatrist has powers to investigate matters under this Act.\n(sec.26-ssec.1) The chief psychiatrist protects the rights of patients in authorised mental health services.\n(sec.26-ssec.2) The chief psychiatrist makes policies and practice guidelines that must be complied with by persons performing functions in authorised mental health services.\n(sec.26-ssec.3) The chief psychiatrist has powers to investigate matters under this Act.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Information notices","content":"### sec.27 Information notices\n\nVictims of unlawful acts, close relatives of the victims, and other particular persons may apply to the chief psychiatrist to receive specific information about the person who committed the unlawful act, including when treatment in the community is authorised for the person.","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Mental Health Review Tribunal","content":"### sec.28 Mental Health Review Tribunal\n\nThe Mental Health Review Tribunal reviews the following—\ntreatment authorities;\nforensic orders;\ntreatment support orders;\nthe fitness for trial of particular persons;\nthe detention of minors in high security units.\nThe Mental Health Review Tribunal also hears applications for the following—\nexamination authorities;\nthe approval of regulated treatment;\nthe transfer of particular patients into and out of Queensland.\nThis Act states when periodic reviews of treatment authorities, forensic orders and treatment support orders must take place.\nAn involuntary patient, or an interested person for the patient, may apply for a review at any time.\n(sec.28-ssec.1) The Mental Health Review Tribunal reviews the following— treatment authorities; forensic orders; treatment support orders; the fitness for trial of particular persons; the detention of minors in high security units.\n(sec.28-ssec.2) The Mental Health Review Tribunal also hears applications for the following— examination authorities; the approval of regulated treatment; the transfer of particular patients into and out of Queensland.\n(sec.28-ssec.3) This Act states when periodic reviews of treatment authorities, forensic orders and treatment support orders must take place.\n(sec.28-ssec.4) An involuntary patient, or an interested person for the patient, may apply for a review at any time.\n- (a) treatment authorities;\n- (b) forensic orders;\n- (c) treatment support orders;\n- (d) the fitness for trial of particular persons;\n- (e) the detention of minors in high security units.\n- (a) examination authorities;\n- (b) the approval of regulated treatment;\n- (c) the transfer of particular patients into and out of Queensland.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Appeals","content":"### sec.29 Appeals\n\nThis Act provides for—\nan appeal to the Mental Health Review Tribunal against particular decisions of the chief psychiatrist or the administrator of an authorised mental health service; and\nan appeal to the Mental Health Court against particular decisions of the Mental Health Review Tribunal; and\nan appeal to the Court of Appeal against a decision of the Mental Health Court on a reference in relation to a person.\n- (a) an appeal to the Mental Health Review Tribunal against particular decisions of the chief psychiatrist or the administrator of an authorised mental health service; and\n- (b) an appeal to the Mental Health Court against particular decisions of the Mental Health Review Tribunal; and\n- (c) an appeal to the Court of Appeal against a decision of the Mental Health Court on a reference in relation to a person.","sortOrder":33},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":34},{"sectionNumber":"sec.30","sectionType":"section","heading":"Purpose of ch 2","content":"### sec.30 Purpose of ch 2\n\nThe purpose of this chapter is to provide for—\nmatters relating to the examination and assessment of persons who may have a mental illness; and\nthe making of treatment authorities for persons who have a mental illness if—\nthe treatment criteria apply to the person; and\nthere is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\nSee also chapter 3 for other matters in relation to persons in custody who have or may have a mental illness.\n- (a) matters relating to the examination and assessment of persons who may have a mental illness; and\n- (b) the making of treatment authorities for persons who have a mental illness if— (i) the treatment criteria apply to the person; and (ii) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (i) the treatment criteria apply to the person; and\n- (ii) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (i) the treatment criteria apply to the person; and\n- (ii) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":35},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Examinations and recommendations for assessment","content":"# Examinations and recommendations for assessment","sortOrder":36},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Examinations generally","content":"## Examinations generally","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Examination","content":"### sec.31 Examination\n\nA doctor or authorised mental health practitioner may examine a person to decide whether to make a recommendation for assessment for the person.\nWithout limiting subsection (1) , the examination may be carried out—\nif the person asks for, or consents to, the examination; or\nunder this Act or another Act providing for the examination, including, for example, under an examination authority or emergency examination authority.\nSee chapter 12 , part 8 in relation to applications for examination authorities.\nHowever, a doctor or authorised mental health practitioner must not examine a person subject to a forensic order (mental health), forensic order (Criminal Code) or treatment support order to decide whether to make a recommendation for assessment for the person.\n(sec.31-ssec.1) A doctor or authorised mental health practitioner may examine a person to decide whether to make a recommendation for assessment for the person.\n(sec.31-ssec.2) Without limiting subsection (1) , the examination may be carried out— if the person asks for, or consents to, the examination; or under this Act or another Act providing for the examination, including, for example, under an examination authority or emergency examination authority. See chapter 12 , part 8 in relation to applications for examination authorities.\n(sec.31-ssec.3) However, a doctor or authorised mental health practitioner must not examine a person subject to a forensic order (mental health), forensic order (Criminal Code) or treatment support order to decide whether to make a recommendation for assessment for the person.\n- (a) if the person asks for, or consents to, the examination; or\n- (b) under this Act or another Act providing for the examination, including, for example, under an examination authority or emergency examination authority. Note— See chapter 12 , part 8 in relation to applications for examination authorities.","sortOrder":38},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Powers under examination authorities","content":"## Powers under examination authorities","sortOrder":39},{"sectionNumber":"sec.32","sectionType":"section","heading":"Powers of doctor or authorised mental health practitioner","content":"### sec.32 Powers of doctor or authorised mental health practitioner\n\nThis section applies if a person is subject to an examination authority.\nA doctor or authorised mental health practitioner may—\nenter a place stated in the authority or another place in which the doctor or authorised mental health practitioner considers the person may be found, and any other place necessary for entry to either of those places, to find the person; and\nexamine the person, without the person’s consent, at—\nthe place at which the person is found; or\nif the doctor or authorised mental health practitioner considers it clinically appropriate—an authorised mental health service or public sector health service facility; and\ndetain the person at the place at which the person is examined—\nif the place is an authorised mental health service or public sector health service facility—for a period, of not more than 6 hours, starting when the person first attends at the service or facility for the examination; or\notherwise—for a period, of not more than 1 hour, starting when the person is found at the place.\nIf subsection (2) (b) (ii) applies to the person, an authorised person may transport the person to the authorised mental health service or public sector health service facility for the examination.\nThe doctor or authorised mental health practitioner examining the person may extend, or further extend, the period under subsection (2) (c) (i) before it ends if the doctor or authorised mental health practitioner considers the extension is necessary to carry out or finish the examination.\nAn extension under subsection (4) may be for a period, of not more than 12 hours, starting when the person first attends at the service or facility for the examination.\ns 32 amd 2017 No. 3 s 3\n(sec.32-ssec.1) This section applies if a person is subject to an examination authority.\n(sec.32-ssec.2) A doctor or authorised mental health practitioner may— enter a place stated in the authority or another place in which the doctor or authorised mental health practitioner considers the person may be found, and any other place necessary for entry to either of those places, to find the person; and examine the person, without the person’s consent, at— the place at which the person is found; or if the doctor or authorised mental health practitioner considers it clinically appropriate—an authorised mental health service or public sector health service facility; and detain the person at the place at which the person is examined— if the place is an authorised mental health service or public sector health service facility—for a period, of not more than 6 hours, starting when the person first attends at the service or facility for the examination; or otherwise—for a period, of not more than 1 hour, starting when the person is found at the place.\n(sec.32-ssec.3) If subsection (2) (b) (ii) applies to the person, an authorised person may transport the person to the authorised mental health service or public sector health service facility for the examination.\n(sec.32-ssec.4) The doctor or authorised mental health practitioner examining the person may extend, or further extend, the period under subsection (2) (c) (i) before it ends if the doctor or authorised mental health practitioner considers the extension is necessary to carry out or finish the examination.\n(sec.32-ssec.5) An extension under subsection (4) may be for a period, of not more than 12 hours, starting when the person first attends at the service or facility for the examination.\n- (a) enter a place stated in the authority or another place in which the doctor or authorised mental health practitioner considers the person may be found, and any other place necessary for entry to either of those places, to find the person; and\n- (b) examine the person, without the person’s consent, at— (i) the place at which the person is found; or (ii) if the doctor or authorised mental health practitioner considers it clinically appropriate—an authorised mental health service or public sector health service facility; and\n- (i) the place at which the person is found; or\n- (ii) if the doctor or authorised mental health practitioner considers it clinically appropriate—an authorised mental health service or public sector health service facility; and\n- (c) detain the person at the place at which the person is examined— (i) if the place is an authorised mental health service or public sector health service facility—for a period, of not more than 6 hours, starting when the person first attends at the service or facility for the examination; or (ii) otherwise—for a period, of not more than 1 hour, starting when the person is found at the place.\n- (i) if the place is an authorised mental health service or public sector health service facility—for a period, of not more than 6 hours, starting when the person first attends at the service or facility for the examination; or\n- (ii) otherwise—for a period, of not more than 1 hour, starting when the person is found at the place.\n- (i) the place at which the person is found; or\n- (ii) if the doctor or authorised mental health practitioner considers it clinically appropriate—an authorised mental health service or public sector health service facility; and\n- (i) if the place is an authorised mental health service or public sector health service facility—for a period, of not more than 6 hours, starting when the person first attends at the service or facility for the examination; or\n- (ii) otherwise—for a period, of not more than 1 hour, starting when the person is found at the place.","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Reasonable help and force to exercise powers","content":"### sec.33 Reasonable help and force to exercise powers\n\nA doctor or authorised mental health practitioner may exercise a power under section 32 with the help, and using the force, that is necessary and reasonable in the circumstances.","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Asking police officer for help","content":"### sec.34 Asking police officer for help\n\nFor performing a function or exercising a power under section 32 in relation to a person, a doctor or authorised mental health practitioner is 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 .","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Action before exercising powers","content":"### sec.35 Action before exercising powers\n\nBefore performing a function or exercising a power under section 32 in relation to a person, a doctor or authorised mental health practitioner must do or make a reasonable attempt to do each of the following—\nidentify himself or herself to the person;\ntell the person an examination authority has been made;\nexplain to the person, in general terms, the nature and effect of the authority;\ngive the person a copy of the authority, if requested;\nif the doctor or health practitioner is entering a place—give the person an opportunity to allow the doctor or health practitioner immediate entry to the place without using force.\nHowever, the doctor or authorised mental health practitioner need not comply with subsection (1) if the doctor or health practitioner believes on reasonable grounds that not complying with the subsection is required to ensure the execution of the authority is not frustrated.\nThe doctor or authorised mental health practitioner must give a copy of the authority to the person’s nominated support persons, personal guardian or attorney, if requested.\n(sec.35-ssec.1) Before performing a function or exercising a power under section 32 in relation to a person, a doctor or authorised mental health practitioner must do or make a reasonable attempt to do each of the following— identify himself or herself to the person; tell the person an examination authority has been made; explain to the person, in general terms, the nature and effect of the authority; give the person a copy of the authority, if requested; if the doctor or health practitioner is entering a place—give the person an opportunity to allow the doctor or health practitioner immediate entry to the place without using force.\n(sec.35-ssec.2) However, the doctor or authorised mental health practitioner need not comply with subsection (1) if the doctor or health practitioner believes on reasonable grounds that not complying with the subsection is required to ensure the execution of the authority is not frustrated.\n(sec.35-ssec.3) The doctor or authorised mental health practitioner must give a copy of the authority to the person’s nominated support persons, personal guardian or attorney, if requested.\n- (a) identify himself or herself to the person;\n- (b) tell the person an examination authority has been made;\n- (c) explain to the person, in general terms, the nature and effect of the authority;\n- (d) give the person a copy of the authority, if requested;\n- (e) if the doctor or health practitioner is entering a place—give the person an opportunity to allow the doctor or health practitioner immediate entry to the place without using force.","sortOrder":43},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Detention of particular persons to make recommendation for assessment","content":"## Detention of particular persons to make recommendation for assessment","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Powers of doctor or authorised mental health practitioner","content":"### sec.36 Powers of doctor or authorised mental health practitioner\n\nThis section applies if—\na person asks for, or consents to, an examination under section 31 by a doctor or authorised mental health practitioner in an authorised mental health service or public sector health service facility; and\nafter examining the person, the doctor or authorised mental health practitioner decides under section 39 to make a recommendation for assessment for the person; and\nthere is a risk the person will leave the authorised mental health service or public sector health service facility in which the person is being examined before the recommendation for assessment is made.\nThe doctor or authorised mental health practitioner may detain the person in the authorised mental health service or public sector health service facility for the period, of not more than 1 hour, reasonably necessary to make the recommendation for assessment.\nThe doctor or authorised mental health practitioner must record in the person’s health records—\nthe reasons for detaining the person under subsection (2) ; and\nthe duration of the detention.\n(sec.36-ssec.1) This section applies if— a person asks for, or consents to, an examination under section 31 by a doctor or authorised mental health practitioner in an authorised mental health service or public sector health service facility; and after examining the person, the doctor or authorised mental health practitioner decides under section 39 to make a recommendation for assessment for the person; and there is a risk the person will leave the authorised mental health service or public sector health service facility in which the person is being examined before the recommendation for assessment is made.\n(sec.36-ssec.2) The doctor or authorised mental health practitioner may detain the person in the authorised mental health service or public sector health service facility for the period, of not more than 1 hour, reasonably necessary to make the recommendation for assessment.\n(sec.36-ssec.3) The doctor or authorised mental health practitioner must record in the person’s health records— the reasons for detaining the person under subsection (2) ; and the duration of the detention.\n- (a) a person asks for, or consents to, an examination under section 31 by a doctor or authorised mental health practitioner in an authorised mental health service or public sector health service facility; and\n- (b) after examining the person, the doctor or authorised mental health practitioner decides under section 39 to make a recommendation for assessment for the person; and\n- (c) there is a risk the person will leave the authorised mental health service or public sector health service facility in which the person is being examined before the recommendation for assessment is made.\n- (a) the reasons for detaining the person under subsection (2) ; and\n- (b) the duration of the detention.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Reasonable help and force to exercise powers","content":"### sec.37 Reasonable help and force to exercise powers\n\nA doctor or authorised mental health practitioner may exercise a power under section 36 with the help, and using the force, that is necessary and reasonable in the circumstances.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Action before exercising powers","content":"### sec.38 Action before exercising powers\n\nBefore exercising a power under section 36 in relation to a person, a doctor or authorised mental health practitioner must do or make a reasonable attempt to do the following—\nidentify himself or herself to the person;\ntell the person a recommendation for assessment will be made;\nexplain to the person, in general terms, the nature and effect of a recommendation for assessment;\nexplain to the person that the person will be detained in the authorised mental health service or public sector health service facility for the period, of not more than 1 hour, reasonably necessary to make the recommendation for assessment;\ngive the person an opportunity to allow the doctor or health practitioner to make the recommendation for assessment without detaining the person.\ns 38 amd 2022 No. 1 s 52\n- (a) identify himself or herself to the person;\n- (b) tell the person a recommendation for assessment will be made;\n- (c) explain to the person, in general terms, the nature and effect of a recommendation for assessment;\n- (d) explain to the person that the person will be detained in the authorised mental health service or public sector health service facility for the period, of not more than 1 hour, reasonably necessary to make the recommendation for assessment;\n- (e) give the person an opportunity to allow the doctor or health practitioner to make the recommendation for assessment without detaining the person.","sortOrder":47},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":"Recommendations for assessment","content":"## Recommendations for assessment","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Making recommendation for assessment","content":"### sec.39 Making recommendation for assessment\n\nA doctor or authorised mental health practitioner may, after examining a person under section 31 , make a recommendation for assessment for the person if satisfied—\nthe treatment criteria may apply to the person; and\nthere appears to be no less restrictive way for the person to receive treatment and care for the person’s mental illness.\nThe recommendation for assessment must be made within 7 days after the examination.\nThe recommendation for assessment must be in the approved form.\n(sec.39-ssec.1) A doctor or authorised mental health practitioner may, after examining a person under section 31 , make a recommendation for assessment for the person if satisfied— the treatment criteria may apply to the person; and there appears to be no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.39-ssec.2) The recommendation for assessment must be made within 7 days after the examination.\n(sec.39-ssec.3) The recommendation for assessment must be in the approved form.\n- (a) the treatment criteria may apply to the person; and\n- (b) there appears to be no less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Notice of making","content":"### sec.40 Notice of making\n\nAs soon as practicable after deciding to make the recommendation for assessment, the doctor or authorised mental health practitioner must—\ntell the person of the decision; and\nexplain to the person the effect of the recommendation; and\ngive the person a copy of the recommendation, if requested.\nSubsection (1) (c) does not apply if the doctor or authorised mental health practitioner considers giving the person a copy may adversely affect the health and wellbeing of the person.\nAlso, the doctor or authorised mental health practitioner must give a copy of the recommendation to the person’s nominated support persons, personal guardian or attorney, if requested.\n(sec.40-ssec.1) As soon as practicable after deciding to make the recommendation for assessment, the doctor or authorised mental health practitioner must— tell the person of the decision; and explain to the person the effect of the recommendation; and give the person a copy of the recommendation, if requested.\n(sec.40-ssec.2) Subsection (1) (c) does not apply if the doctor or authorised mental health practitioner considers giving the person a copy may adversely affect the health and wellbeing of the person.\n(sec.40-ssec.3) Also, the doctor or authorised mental health practitioner must give a copy of the recommendation to the person’s nominated support persons, personal guardian or attorney, if requested.\n- (a) tell the person of the decision; and\n- (b) explain to the person the effect of the recommendation; and\n- (c) give the person a copy of the recommendation, if requested.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Duration","content":"### sec.41 Duration\n\nA recommendation for assessment is in force for 7 days after the day it is made.","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Revocation","content":"### sec.42 Revocation\n\nA doctor or authorised mental health practitioner who makes a recommendation for assessment for a person may revoke the recommendation at any time before the start of the assessment period for the person.\nThe doctor or authorised mental health practitioner may act under subsection (1) only if the doctor or health practitioner is no longer satisfied—\nthe treatment criteria may apply to the person; or\nthere appears to be no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.42-ssec.1) A doctor or authorised mental health practitioner who makes a recommendation for assessment for a person may revoke the recommendation at any time before the start of the assessment period for the person.\n(sec.42-ssec.2) The doctor or authorised mental health practitioner may act under subsection (1) only if the doctor or health practitioner is no longer satisfied— the treatment criteria may apply to the person; or there appears to be no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (a) the treatment criteria may apply to the person; or\n- (b) there appears to be no less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":52},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Assessments","content":"# Assessments","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Making assessment","content":"### sec.43 Making assessment\n\nAn authorised doctor may make an assessment of a person subject to a recommendation for assessment to decide—\nwhether the treatment criteria apply to the person; and\nwhether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\nThe authorised doctor who makes the assessment under subsection (1) must not be the authorised doctor who made the recommendation for assessment for the person.\nSubsection (2) does not apply if the authorised doctor is an authorised doctor for an authorised mental health service (rural and remote) and is the only authorised doctor reasonably available to make the assessment.\nFor subsection (1) (b) , the authorised doctor must take reasonable steps to find out whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, by searching the person’s health records to find out whether the person has made an advance health directive or has a personal guardian.\n(sec.43-ssec.1) An authorised doctor may make an assessment of a person subject to a recommendation for assessment to decide— whether the treatment criteria apply to the person; and whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.43-ssec.2) The authorised doctor who makes the assessment under subsection (1) must not be the authorised doctor who made the recommendation for assessment for the person.\n(sec.43-ssec.3) Subsection (2) does not apply if the authorised doctor is an authorised doctor for an authorised mental health service (rural and remote) and is the only authorised doctor reasonably available to make the assessment.\n(sec.43-ssec.4) For subsection (1) (b) , the authorised doctor must take reasonable steps to find out whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness, including, for example, by searching the person’s health records to find out whether the person has made an advance health directive or has a personal guardian.\n- (a) whether the treatment criteria apply to the person; and\n- (b) whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Where and how person may be assessed","content":"### sec.44 Where and how person may be assessed\n\nA person subject to a recommendation for assessment may be assessed in—\nan authorised mental health service; or\na public sector health service facility; or\nanother place considered clinically appropriate by the authorised doctor making the assessment.\nAn authorised person may transport the person to an authorised mental health service or a public sector health service facility for assessment.\nFor a person in custody subject to a recommendation for assessment, see section 65 .\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nAn authorised doctor making an assessment of a person must discuss the assessment with the person.\n(sec.44-ssec.1) A person subject to a recommendation for assessment may be assessed in— an authorised mental health service; or a public sector health service facility; or another place considered clinically appropriate by the authorised doctor making the assessment.\n(sec.44-ssec.2) An authorised person may transport the person to an authorised mental health service or a public sector health service facility for assessment. For a person in custody subject to a recommendation for assessment, see section 65 . For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.44-ssec.3) An authorised doctor making an assessment of a person must discuss the assessment with the person.\n- (a) an authorised mental health service; or\n- (b) a public sector health service facility; or\n- (c) another place considered clinically appropriate by the authorised doctor making the assessment.\n- 1 For a person in custody subject to a recommendation for assessment, see section 65 .\n- 2 For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .","sortOrder":55},{"sectionNumber":"sec.45","sectionType":"section","heading":"Detention for assessment","content":"### sec.45 Detention for assessment\n\nIf a person subject to a recommendation for assessment is to be assessed in an authorised mental health service or public sector health service facility, the person may be detained for assessment in the service or facility for a period of not more than 24 hours starting—\nif the person is at the service or facility when the recommendation for assessment is made—when the recommendation is made; or\notherwise—when the person first attends at the service or facility for the assessment.\nThe authorised doctor making the assessment of the person may extend, or further extend, the period under subsection (1) before it ends to a period of not more than 72 hours after it starts if the authorised doctor considers the extension is necessary to carry out or finish the assessment.\nIf, at any time during the period mentioned in subsection (1) , or extended under subsection (2) , the authorised doctor making the assessment makes a decision on the assessment, the period for which the person may be detained for assessment ends.\nThe period under this section for which the person may be detained for assessment is the assessment period for the person.\ns 45 amd 2017 No. 3 s 4\n(sec.45-ssec.1) If a person subject to a recommendation for assessment is to be assessed in an authorised mental health service or public sector health service facility, the person may be detained for assessment in the service or facility for a period of not more than 24 hours starting— if the person is at the service or facility when the recommendation for assessment is made—when the recommendation is made; or otherwise—when the person first attends at the service or facility for the assessment.\n(sec.45-ssec.2) The authorised doctor making the assessment of the person may extend, or further extend, the period under subsection (1) before it ends to a period of not more than 72 hours after it starts if the authorised doctor considers the extension is necessary to carry out or finish the assessment.\n(sec.45-ssec.3) If, at any time during the period mentioned in subsection (1) , or extended under subsection (2) , the authorised doctor making the assessment makes a decision on the assessment, the period for which the person may be detained for assessment ends.\n(sec.45-ssec.4) The period under this section for which the person may be detained for assessment is the assessment period for the person.\n- (a) if the person is at the service or facility when the recommendation for assessment is made—when the recommendation is made; or\n- (b) otherwise—when the person first attends at the service or facility for the assessment.","sortOrder":56},{"sectionNumber":"sec.46","sectionType":"section","heading":"Start of assessment period to be noted","content":"### sec.46 Start of assessment period to be noted\n\nIf the assessment period for a person starts as mentioned in section 45 (1) (a) —\nthe doctor or authorised mental health practitioner who made the recommendation for assessment for the person must make a note on the recommendation of the time when the assessment period starts; and\nthe note must be made when the recommendation for assessment is made.\nIf the assessment period for a person starts as mentioned in section 45 (1) (b) —\nan employee of the service or facility must make a note on the recommendation for assessment of the time when the assessment period starts; and\nthe note must be made as soon as practicable after the person is admitted to the service or facility.\ns 46 amd 2017 No. 3 s 5\n(sec.46-ssec.1) If the assessment period for a person starts as mentioned in section 45 (1) (a) — the doctor or authorised mental health practitioner who made the recommendation for assessment for the person must make a note on the recommendation of the time when the assessment period starts; and the note must be made when the recommendation for assessment is made.\n(sec.46-ssec.2) If the assessment period for a person starts as mentioned in section 45 (1) (b) — an employee of the service or facility must make a note on the recommendation for assessment of the time when the assessment period starts; and the note must be made as soon as practicable after the person is admitted to the service or facility. s 46 amd 2017 No. 3 s 5\n- (a) the doctor or authorised mental health practitioner who made the recommendation for assessment for the person must make a note on the recommendation of the time when the assessment period starts; and\n- (b) the note must be made when the recommendation for assessment is made.\n- (a) an employee of the service or facility must make a note on the recommendation for assessment of the time when the assessment period starts; and\n- (b) the note must be made as soon as practicable after the person is admitted to the service or facility.","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Explaining decision not to make treatment authority","content":"### sec.47 Explaining decision not to make treatment authority\n\nThis section applies if, on making an assessment of a person subject to a recommendation for assessment, an authorised doctor decides—\nthe treatment criteria do not apply to the person; or\nthere is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\nThe authorised doctor must—\ntell the person of the decision; and\nexplain its effect to the person; and\nmake a note on the recommendation for assessment of the decision not to make a treatment authority for the person.\n(sec.47-ssec.1) This section applies if, on making an assessment of a person subject to a recommendation for assessment, an authorised doctor decides— the treatment criteria do not apply to the person; or there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.47-ssec.2) The authorised doctor must— tell the person of the decision; and explain its effect to the person; and make a note on the recommendation for assessment of the decision not to make a treatment authority for the person.\n- (a) the treatment criteria do not apply to the person; or\n- (b) there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (a) tell the person of the decision; and\n- (b) explain its effect to the person; and\n- (c) make a note on the recommendation for assessment of the decision not to make a treatment authority for the person.","sortOrder":58},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Treatment authorities","content":"# Treatment authorities","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of pt 4","content":"### sec.48 Application of pt 4\n\nThis part applies if, on making an assessment of a person under part 3 , the authorised doctor making the assessment is satisfied—\nthe treatment criteria apply to the person; and\nthere is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (a) the treatment criteria apply to the person; and\n- (b) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Making treatment authority","content":"### sec.49 Making treatment authority\n\nThe authorised doctor may make an authority (a treatment authority ) for the person.","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Form of treatment authority","content":"### sec.50 Form of treatment authority\n\nThe treatment authority must—\nbe in the approved form; and\nstate the following—\nthe grounds on which the authorised doctor is satisfied the treatment criteria apply to the person;\nthe authorised mental health service responsible for the person’s treatment and care under the authority;\nthe category of the authority;\nif the authorised doctor decides under section 51 (1) that the category of the authority is inpatient—whether limited community treatment is authorised for the person;\nany conditions the authorised doctor considers necessary for the person’s treatment and care.\nSee schedule 3 , definition condition .\nFor subsection (1) (b) (ii) , if the authorised doctor decides under section 51 (1) that the category of the authority is inpatient, the authorised mental health service responsible for the person’s treatment and care must not be a high security unit without the prior written approval of the chief psychiatrist.\ns 50 amd 2017 No. 3 s 6\n(sec.50-ssec.1) The treatment authority must— be in the approved form; and state the following— the grounds on which the authorised doctor is satisfied the treatment criteria apply to the person; the authorised mental health service responsible for the person’s treatment and care under the authority; the category of the authority; if the authorised doctor decides under section 51 (1) that the category of the authority is inpatient—whether limited community treatment is authorised for the person; any conditions the authorised doctor considers necessary for the person’s treatment and care. See schedule 3 , definition condition .\n(sec.50-ssec.2) For subsection (1) (b) (ii) , if the authorised doctor decides under section 51 (1) that the category of the authority is inpatient, the authorised mental health service responsible for the person’s treatment and care must not be a high security unit without the prior written approval of the chief psychiatrist.\n- (a) be in the approved form; and\n- (b) state the following— (i) the grounds on which the authorised doctor is satisfied the treatment criteria apply to the person; (ii) the authorised mental health service responsible for the person’s treatment and care under the authority; (iii) the category of the authority; (iv) if the authorised doctor decides under section 51 (1) that the category of the authority is inpatient—whether limited community treatment is authorised for the person; (v) any conditions the authorised doctor considers necessary for the person’s treatment and care. Note— See schedule 3 , definition condition .\n- (i) the grounds on which the authorised doctor is satisfied the treatment criteria apply to the person;\n- (ii) the authorised mental health service responsible for the person’s treatment and care under the authority;\n- (iii) the category of the authority;\n- (iv) if the authorised doctor decides under section 51 (1) that the category of the authority is inpatient—whether limited community treatment is authorised for the person;\n- (v) any conditions the authorised doctor considers necessary for the person’s treatment and care. Note— See schedule 3 , definition condition .\n- (i) the grounds on which the authorised doctor is satisfied the treatment criteria apply to the person;\n- (ii) the authorised mental health service responsible for the person’s treatment and care under the authority;\n- (iii) the category of the authority;\n- (iv) if the authorised doctor decides under section 51 (1) that the category of the authority is inpatient—whether limited community treatment is authorised for the person;\n- (v) any conditions the authorised doctor considers necessary for the person’s treatment and care. Note— See schedule 3 , definition condition .","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Category","content":"### sec.51 Category\n\nIf the authorised doctor makes a treatment authority for the person, and the person is not a classified patient, the authorised doctor must decide whether the category of the authority is—\ninpatient; or\ncommunity.\nIn deciding the category of the authority, the authorised doctor must have regard to the relevant circumstances of the person.\nHowever, the authorised doctor may decide the category of the authority is inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the person, that 1 or more of the following can not reasonably be met if the category of the authority is community—\nthe person’s treatment and care needs;\nthe safety and welfare of the person;\nthe safety of others.\nIf the person is a classified patient, the category of the authority is inpatient.\n(sec.51-ssec.1) If the authorised doctor makes a treatment authority for the person, and the person is not a classified patient, the authorised doctor must decide whether the category of the authority is— inpatient; or community.\n(sec.51-ssec.2) In deciding the category of the authority, the authorised doctor must have regard to the relevant circumstances of the person.\n(sec.51-ssec.3) However, the authorised doctor may decide the category of the authority is inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the person, that 1 or more of the following can not reasonably be met if the category of the authority is community— the person’s treatment and care needs; the safety and welfare of the person; the safety of others.\n(sec.51-ssec.4) If the person is a classified patient, the category of the authority is inpatient.\n- (a) inpatient; or\n- (b) community.\n- (a) the person’s treatment and care needs;\n- (b) the safety and welfare of the person;\n- (c) the safety of others.","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Limited community treatment","content":"### sec.52 Limited community treatment\n\nIf the authorised doctor decides under section 51 (1) that the category of the treatment authority is inpatient, the authorised doctor must decide whether to authorise limited community treatment.\nSee chapter 7 , part 6 for the authorisation of limited community treatment for classified patients.\nThe authorised doctor may decide to authorise limited community treatment only if satisfied limited community treatment is appropriate having regard to—\nthe relevant circumstances of the person; and\nthe purpose of limited community treatment.\nIf limited community treatment is authorised under this section, the person’s treatment authority must state—\nthe nature and conditions of the limited community treatment; and\nthe period, of not more than 7 consecutive days, of the limited community treatment; and\nthe duration for which the authorisation is in force.\nlimited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks\n(sec.52-ssec.1) If the authorised doctor decides under section 51 (1) that the category of the treatment authority is inpatient, the authorised doctor must decide whether to authorise limited community treatment. See chapter 7 , part 6 for the authorisation of limited community treatment for classified patients.\n(sec.52-ssec.2) The authorised doctor may decide to authorise limited community treatment only if satisfied limited community treatment is appropriate having regard to— the relevant circumstances of the person; and the purpose of limited community treatment.\n(sec.52-ssec.3) If limited community treatment is authorised under this section, the person’s treatment authority must state— the nature and conditions of the limited community treatment; and the period, of not more than 7 consecutive days, of the limited community treatment; and the duration for which the authorisation is in force. limited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks\n- (a) the relevant circumstances of the person; and\n- (b) the purpose of limited community treatment.\n- (a) the nature and conditions of the limited community treatment; and\n- (b) the period, of not more than 7 consecutive days, of the limited community treatment; and\n- (c) the duration for which the authorisation is in force.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Nature and extent of treatment and care","content":"### sec.53 Nature and extent of treatment and care\n\nThe authorised doctor must decide the nature and extent of the treatment and care to be provided to the person under the treatment authority.\nIn deciding the nature and extent of the treatment and care, the authorised doctor must—\ndiscuss the treatment and care to be provided with the person; and\nhave regard to the views, wishes and preferences of the person, to the extent they can be expressed, including, for example, in an advance health directive.\ns 53 sub 2017 No. 3 s 7\n(sec.53-ssec.1) The authorised doctor must decide the nature and extent of the treatment and care to be provided to the person under the treatment authority.\n(sec.53-ssec.2) In deciding the nature and extent of the treatment and care, the authorised doctor must— discuss the treatment and care to be provided with the person; and have regard to the views, wishes and preferences of the person, to the extent they can be expressed, including, for example, in an advance health directive. s 53 sub 2017 No. 3 s 7\n- (a) discuss the treatment and care to be provided with the person; and\n- (b) have regard to the views, wishes and preferences of the person, to the extent they can be expressed, including, for example, in an advance health directive.","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"When advance health directive not followed","content":"### sec.54 When advance health directive not followed\n\nThis section applies if—\nthe person has an advance health directive relating to the person’s future treatment and care for a mental illness; and\neither—\nthe authorised doctor decides to make a treatment authority despite the person having an advance health directive; or\nthe nature and extent of the treatment and care decided by the authorised doctor under section 53 is inconsistent with the views, wishes and preferences of the person expressed in the advance health directive.\nThe authorised doctor must—\nexplain to the person the reasons why the authorised doctor made the decision mentioned in subsection (1) (b) ; and\nrecord the reasons in the person’s health records.\n(sec.54-ssec.1) This section applies if— the person has an advance health directive relating to the person’s future treatment and care for a mental illness; and either— the authorised doctor decides to make a treatment authority despite the person having an advance health directive; or the nature and extent of the treatment and care decided by the authorised doctor under section 53 is inconsistent with the views, wishes and preferences of the person expressed in the advance health directive.\n(sec.54-ssec.2) The authorised doctor must— explain to the person the reasons why the authorised doctor made the decision mentioned in subsection (1) (b) ; and record the reasons in the person’s health records.\n- (a) the person has an advance health directive relating to the person’s future treatment and care for a mental illness; and\n- (b) either— (i) the authorised doctor decides to make a treatment authority despite the person having an advance health directive; or (ii) the nature and extent of the treatment and care decided by the authorised doctor under section 53 is inconsistent with the views, wishes and preferences of the person expressed in the advance health directive.\n- (i) the authorised doctor decides to make a treatment authority despite the person having an advance health directive; or\n- (ii) the nature and extent of the treatment and care decided by the authorised doctor under section 53 is inconsistent with the views, wishes and preferences of the person expressed in the advance health directive.\n- (i) the authorised doctor decides to make a treatment authority despite the person having an advance health directive; or\n- (ii) the nature and extent of the treatment and care decided by the authorised doctor under section 53 is inconsistent with the views, wishes and preferences of the person expressed in the advance health directive.\n- (a) explain to the person the reasons why the authorised doctor made the decision mentioned in subsection (1) (b) ; and\n- (b) record the reasons in the person’s health records.","sortOrder":66},{"sectionNumber":"sec.55","sectionType":"section","heading":"Notice of making","content":"### sec.55 Notice of making\n\nAs soon as practicable after making a treatment authority for a person, the authorised doctor must—\ntell the person of the decision; and\nexplain its effect to the person.\nIf the authorised doctor is a psychiatrist, the administrator of the person’s treating health service must, within 7 days after the treatment authority is made—\ngive the person a copy of the authority; and\ngive the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested; and\ngive the tribunal written notice of its making.\nIf the authorised doctor is not a psychiatrist, the administrator of the person’s treating health service must—\ngive the person a copy of the authority, if requested; and\ngive the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested.\n(sec.55-ssec.1) As soon as practicable after making a treatment authority for a person, the authorised doctor must— tell the person of the decision; and explain its effect to the person.\n(sec.55-ssec.2) If the authorised doctor is a psychiatrist, the administrator of the person’s treating health service must, within 7 days after the treatment authority is made— give the person a copy of the authority; and give the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested; and give the tribunal written notice of its making.\n(sec.55-ssec.3) If the authorised doctor is not a psychiatrist, the administrator of the person’s treating health service must— give the person a copy of the authority, if requested; and give the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested.\n- (a) tell the person of the decision; and\n- (b) explain its effect to the person.\n- (a) give the person a copy of the authority; and\n- (b) give the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested; and\n- (c) give the tribunal written notice of its making.\n- (a) give the person a copy of the authority, if requested; and\n- (b) give the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested.","sortOrder":67},{"sectionNumber":"sec.56","sectionType":"section","heading":"Review of treatment authority if not made by psychiatrist","content":"### sec.56 Review of treatment authority if not made by psychiatrist\n\nThis section applies if a treatment authority is made by an authorised doctor who is not a psychiatrist.\nAn authorised psychiatrist must review the treatment authority and decide whether—\nto confirm the treatment authority, with or without amendment; or\nto revoke the treatment authority.\nThe review must happen—\nwithin 3 days (the review period ) after the treatment authority is made; or\nif the person subject to the treatment authority is a patient of an authorised mental health service (rural and remote) and it is not reasonably practicable to complete the review within 3 days—within 7 days (also the review period ) after the treatment authority is made.\nAn authorised doctor may give the person subject to the treatment authority a written notice directing the person to attend for the review at a stated authorised mental health service or public sector health service facility on a stated day within the review period.\nSee chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under subsection (4) .\nThe person subject to the treatment authority may be detained for the review in the stated service or facility for a period of not more than 6 hours starting when the person attends for the review at the service or facility.\nA review of a treatment authority does not affect the operation of the treatment authority before a decision is made to confirm or revoke it under subsection (2) .\ns 56 amd 2017 No. 3 s 8\n(sec.56-ssec.1) This section applies if a treatment authority is made by an authorised doctor who is not a psychiatrist.\n(sec.56-ssec.2) An authorised psychiatrist must review the treatment authority and decide whether— to confirm the treatment authority, with or without amendment; or to revoke the treatment authority.\n(sec.56-ssec.3) The review must happen— within 3 days (the review period ) after the treatment authority is made; or if the person subject to the treatment authority is a patient of an authorised mental health service (rural and remote) and it is not reasonably practicable to complete the review within 3 days—within 7 days (also the review period ) after the treatment authority is made.\n(sec.56-ssec.4) An authorised doctor may give the person subject to the treatment authority a written notice directing the person to attend for the review at a stated authorised mental health service or public sector health service facility on a stated day within the review period. See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under subsection (4) .\n(sec.56-ssec.5) The person subject to the treatment authority may be detained for the review in the stated service or facility for a period of not more than 6 hours starting when the person attends for the review at the service or facility.\n(sec.56-ssec.6) A review of a treatment authority does not affect the operation of the treatment authority before a decision is made to confirm or revoke it under subsection (2) .\n- (a) to confirm the treatment authority, with or without amendment; or\n- (b) to revoke the treatment authority.\n- (a) within 3 days (the review period ) after the treatment authority is made; or\n- (b) if the person subject to the treatment authority is a patient of an authorised mental health service (rural and remote) and it is not reasonably practicable to complete the review within 3 days—within 7 days (also the review period ) after the treatment authority is made.","sortOrder":68},{"sectionNumber":"sec.57","sectionType":"section","heading":"Decision on review","content":"### sec.57 Decision on review\n\nOn a review under section 56 of a treatment authority, the authorised psychiatrist may decide to confirm the treatment authority only if satisfied—\nthe treatment criteria apply to the person; and\nthere is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\nIf the authorised psychiatrist decides to confirm the treatment authority, the authorised psychiatrist must—\ndecide whether to amend the treatment authority in any of the following ways—\nto change the category of the authority;\nto authorise or revoke, or change the nature or extent of, limited community treatment;\nto impose a condition on, or change a condition of, the authority; and\ndecide the nature and extent of the treatment and care to be provided to the person under the treatment authority.\nIn deciding—\nwhether to change the category of the authority, section 51 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and\nwhether to authorise or revoke, or change the nature or extent of, limited community treatment, section 52 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and\nthe nature and extent of the treatment and care to be provided to the person, section 53 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist.\nIf, after reviewing the treatment authority, the authorised psychiatrist is not satisfied of the matters mentioned in subsection (1) , the authorised psychiatrist must decide to revoke the treatment authority.\nThe authorised psychiatrist must make a note on the treatment authority of the decision on the review.\nIf a treatment authority made by an authorised doctor who is not an authorised psychiatrist is not confirmed under subsection (1) or revoked under subsection (4) within the review period for the treatment authority, the treatment authority is revoked at the end of the review period.\nHowever, subsection (6) does not apply if the person does not attend for the review as directed under section 56 (4) .\n(sec.57-ssec.1) On a review under section 56 of a treatment authority, the authorised psychiatrist may decide to confirm the treatment authority only if satisfied— the treatment criteria apply to the person; and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.57-ssec.2) If the authorised psychiatrist decides to confirm the treatment authority, the authorised psychiatrist must— decide whether to amend the treatment authority in any of the following ways— to change the category of the authority; to authorise or revoke, or change the nature or extent of, limited community treatment; to impose a condition on, or change a condition of, the authority; and decide the nature and extent of the treatment and care to be provided to the person under the treatment authority.\n(sec.57-ssec.3) In deciding— whether to change the category of the authority, section 51 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and whether to authorise or revoke, or change the nature or extent of, limited community treatment, section 52 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and the nature and extent of the treatment and care to be provided to the person, section 53 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist.\n(sec.57-ssec.4) If, after reviewing the treatment authority, the authorised psychiatrist is not satisfied of the matters mentioned in subsection (1) , the authorised psychiatrist must decide to revoke the treatment authority.\n(sec.57-ssec.5) The authorised psychiatrist must make a note on the treatment authority of the decision on the review.\n(sec.57-ssec.6) If a treatment authority made by an authorised doctor who is not an authorised psychiatrist is not confirmed under subsection (1) or revoked under subsection (4) within the review period for the treatment authority, the treatment authority is revoked at the end of the review period.\n(sec.57-ssec.7) However, subsection (6) does not apply if the person does not attend for the review as directed under section 56 (4) .\n- (a) the treatment criteria apply to the person; and\n- (b) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (a) decide whether to amend the treatment authority in any of the following ways— (i) to change the category of the authority; (ii) to authorise or revoke, or change the nature or extent of, limited community treatment; (iii) to impose a condition on, or change a condition of, the authority; and\n- (i) to change the category of the authority;\n- (ii) to authorise or revoke, or change the nature or extent of, limited community treatment;\n- (iii) to impose a condition on, or change a condition of, the authority; and\n- (b) decide the nature and extent of the treatment and care to be provided to the person under the treatment authority.\n- (i) to change the category of the authority;\n- (ii) to authorise or revoke, or change the nature or extent of, limited community treatment;\n- (iii) to impose a condition on, or change a condition of, the authority; and\n- (a) whether to change the category of the authority, section 51 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and\n- (b) whether to authorise or revoke, or change the nature or extent of, limited community treatment, section 52 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist; and\n- (c) the nature and extent of the treatment and care to be provided to the person, section 53 applies to the authorised psychiatrist as if a reference in the section to an authorised doctor were a reference to the authorised psychiatrist.","sortOrder":69},{"sectionNumber":"sec.58","sectionType":"section","heading":"Notice about review","content":"### sec.58 Notice about review\n\nAs soon as practicable after making a decision under section 57 on a review of a treatment authority for a person, the authorised psychiatrist must—\ntell the person of the decision; and\nexplain its effect to the person.\nIf the decision on the review is to confirm the treatment authority, the administrator of the person’s treating health service must, within 7 days after the decision—\ngive the person a copy of the authority; and\ngive the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested; and\ngive the tribunal written notice of the decision.\n(sec.58-ssec.1) As soon as practicable after making a decision under section 57 on a review of a treatment authority for a person, the authorised psychiatrist must— tell the person of the decision; and explain its effect to the person.\n(sec.58-ssec.2) If the decision on the review is to confirm the treatment authority, the administrator of the person’s treating health service must, within 7 days after the decision— give the person a copy of the authority; and give the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested; and give the tribunal written notice of the decision.\n- (a) tell the person of the decision; and\n- (b) explain its effect to the person.\n- (a) give the person a copy of the authority; and\n- (b) give the person’s nominated support persons, personal guardian or attorney a copy of the authority, if requested; and\n- (c) give the tribunal written notice of the decision.","sortOrder":70},{"sectionNumber":"sec.59","sectionType":"section","heading":"Date for first assessment","content":"### sec.59 Date for first assessment\n\nIf an authorised doctor makes a treatment authority for a person, the authorised doctor must decide and record in the person’s health records a date for the first regular assessment of the patient under section 205 .\nThe date for the assessment must be not later than 3 months after the day the treatment authority is made.\n(sec.59-ssec.1) If an authorised doctor makes a treatment authority for a person, the authorised doctor must decide and record in the person’s health records a date for the first regular assessment of the patient under section 205 .\n(sec.59-ssec.2) The date for the assessment must be not later than 3 months after the day the treatment authority is made.","sortOrder":71},{"sectionNumber":"sec.60","sectionType":"section","heading":"Relationship with forensic order (disability)","content":"### sec.60 Relationship with forensic order (disability)\n\nIf a treatment authority for a person is inconsistent with a forensic order (disability) for the person, the forensic order (disability) prevails to the extent of the inconsistency.","sortOrder":72},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":73},{"sectionNumber":"sec.61","sectionType":"section","heading":"Purpose of ch 3","content":"### sec.61 Purpose of ch 3\n\nThe purpose of this chapter is to provide for—\nthe transport of persons in custody to an inpatient unit of an authorised mental health service—\nfor assessment under chapter 2 , part 3 ; or\nto receive treatment and care under this Act for the person’s mental illness; and\npersons subject to examination orders or court examination orders remaining in an inpatient unit of an authorised mental health service to receive treatment and care under this Act for the person’s mental illness; and\nparticular requirements that apply when persons become classified patients; and\nthe return to custody, or release from detention in an authorised mental health service, of classified patients.\n- (a) the transport of persons in custody to an inpatient unit of an authorised mental health service— (i) for assessment under chapter 2 , part 3 ; or (ii) to receive treatment and care under this Act for the person’s mental illness; and\n- (i) for assessment under chapter 2 , part 3 ; or\n- (ii) to receive treatment and care under this Act for the person’s mental illness; and\n- (b) persons subject to examination orders or court examination orders remaining in an inpatient unit of an authorised mental health service to receive treatment and care under this Act for the person’s mental illness; and\n- (c) particular requirements that apply when persons become classified patients; and\n- (d) the return to custody, or release from detention in an authorised mental health service, of classified patients.\n- (i) for assessment under chapter 2 , part 3 ; or\n- (ii) to receive treatment and care under this Act for the person’s mental illness; and","sortOrder":74},{"sectionNumber":"sec.62","sectionType":"section","heading":"Definitions for ch 3","content":"### sec.62 Definitions for ch 3\n\nIn this chapter—\nadministrator consent , for a person in custody, means consent given by the administrator of an authorised mental health service under section 69 for the transport of the person.\nclassified patient see section 64 (1) .\nclassified patient (involuntary) see section 64 (2) .\nclassified patient (voluntary) see section 64 (3) .\ncustodian consent , for a person in custody, means consent given under section 71 for the transport of the person.\nnotice event see section 81 (1) .\nperson in custody see section 63 .\ntransfer recommendation see section 68 (2) .","sortOrder":75},{"sectionNumber":"sec.63","sectionType":"section","heading":"Meaning of person in custody","content":"### sec.63 Meaning of person in custody\n\nA person in custody is a person who is in lawful custody—\non a charge of an offence or awaiting sentence on conviction for an offence; or\nwithout charge under—\nan Act of the State, other than this Act; or\nan Act of the Commonwealth; or\nserving a sentence of imprisonment, or period of detention under a court order, for an offence and who is not released on parole.\nTo remove any doubt, it is declared that an offence mentioned in subsection (1) includes an offence against a law of the Commonwealth.\nSee the Judiciary Act 1903 (Cwlth) , section 68 (Jurisdiction of State and Territory courts in criminal cases).\n(sec.63-ssec.1) A person in custody is a person who is in lawful custody— on a charge of an offence or awaiting sentence on conviction for an offence; or without charge under— an Act of the State, other than this Act; or an Act of the Commonwealth; or serving a sentence of imprisonment, or period of detention under a court order, for an offence and who is not released on parole.\n(sec.63-ssec.2) To remove any doubt, it is declared that an offence mentioned in subsection (1) includes an offence against a law of the Commonwealth. See the Judiciary Act 1903 (Cwlth) , section 68 (Jurisdiction of State and Territory courts in criminal cases).\n- (a) on a charge of an offence or awaiting sentence on conviction for an offence; or\n- (b) without charge under— (i) an Act of the State, other than this Act; or (ii) an Act of the Commonwealth; or\n- (i) an Act of the State, other than this Act; or\n- (ii) an Act of the Commonwealth; or\n- (c) serving a sentence of imprisonment, or period of detention under a court order, for an offence and who is not released on parole.\n- (i) an Act of the State, other than this Act; or\n- (ii) an Act of the Commonwealth; or","sortOrder":76},{"sectionNumber":"sec.64","sectionType":"section","heading":"Meaning of classified patient","content":"### sec.64 Meaning of classified patient\n\nA classified patient is—\na classified patient (involuntary); or\na classified patient (voluntary).\nA classified patient (involuntary) is—\na person who is—\nsubject to any of the following—\na recommendation for assessment;\na treatment authority;\na forensic order (mental health);\na treatment support order; and\ntransported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and\nadmitted to the inpatient unit of the authorised mental health service; or\na person who—\nis subject to any of the following—\na treatment authority;\na forensic order (mental health);\na treatment support order; and\nremains in an inpatient unit of an authorised mental health service under section 74 .\nA classified patient (voluntary) is—\na person who—\nis transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and\nis admitted to the inpatient unit of the authorised mental health service; and\nconsents under section 67 or 79 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service; or\na person who—\nremains in an inpatient unit of an authorised mental health service under section 74 ; and\nconsents under section 74 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service.\n(sec.64-ssec.1) A classified patient is— a classified patient (involuntary); or a classified patient (voluntary).\n(sec.64-ssec.2) A classified patient (involuntary) is— a person who is— subject to any of the following— a recommendation for assessment; a treatment authority; a forensic order (mental health); a treatment support order; and transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and admitted to the inpatient unit of the authorised mental health service; or a person who— is subject to any of the following— a treatment authority; a forensic order (mental health); a treatment support order; and remains in an inpatient unit of an authorised mental health service under section 74 .\n(sec.64-ssec.3) A classified patient (voluntary) is— a person who— is transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and is admitted to the inpatient unit of the authorised mental health service; and consents under section 67 or 79 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service; or a person who— remains in an inpatient unit of an authorised mental health service under section 74 ; and consents under section 74 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service.\n- (a) a classified patient (involuntary); or\n- (b) a classified patient (voluntary).\n- (a) a person who is— (i) subject to any of the following— (A) a recommendation for assessment; (B) a treatment authority; (C) a forensic order (mental health); (D) a treatment support order; and (ii) transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and (iii) admitted to the inpatient unit of the authorised mental health service; or\n- (i) subject to any of the following— (A) a recommendation for assessment; (B) a treatment authority; (C) a forensic order (mental health); (D) a treatment support order; and\n- (A) a recommendation for assessment;\n- (B) a treatment authority;\n- (C) a forensic order (mental health);\n- (D) a treatment support order; and\n- (ii) transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and\n- (iii) admitted to the inpatient unit of the authorised mental health service; or\n- (b) a person who— (i) is subject to any of the following— (A) a treatment authority; (B) a forensic order (mental health); (C) a treatment support order; and (ii) remains in an inpatient unit of an authorised mental health service under section 74 .\n- (i) is subject to any of the following— (A) a treatment authority; (B) a forensic order (mental health); (C) a treatment support order; and\n- (A) a treatment authority;\n- (B) a forensic order (mental health);\n- (C) a treatment support order; and\n- (ii) remains in an inpatient unit of an authorised mental health service under section 74 .\n- (i) subject to any of the following— (A) a recommendation for assessment; (B) a treatment authority; (C) a forensic order (mental health); (D) a treatment support order; and\n- (A) a recommendation for assessment;\n- (B) a treatment authority;\n- (C) a forensic order (mental health);\n- (D) a treatment support order; and\n- (ii) transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and\n- (iii) admitted to the inpatient unit of the authorised mental health service; or\n- (A) a recommendation for assessment;\n- (B) a treatment authority;\n- (C) a forensic order (mental health);\n- (D) a treatment support order; and\n- (i) is subject to any of the following— (A) a treatment authority; (B) a forensic order (mental health); (C) a treatment support order; and\n- (A) a treatment authority;\n- (B) a forensic order (mental health);\n- (C) a treatment support order; and\n- (ii) remains in an inpatient unit of an authorised mental health service under section 74 .\n- (A) a treatment authority;\n- (B) a forensic order (mental health);\n- (C) a treatment support order; and\n- (a) a person who— (i) is transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and (ii) is admitted to the inpatient unit of the authorised mental health service; and (iii) consents under section 67 or 79 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service; or\n- (i) is transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and\n- (ii) is admitted to the inpatient unit of the authorised mental health service; and\n- (iii) consents under section 67 or 79 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service; or\n- (b) a person who— (i) remains in an inpatient unit of an authorised mental health service under section 74 ; and (ii) consents under section 74 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service.\n- (i) remains in an inpatient unit of an authorised mental health service under section 74 ; and\n- (ii) consents under section 74 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service.\n- (i) is transported under part 2 from a place of custody to an inpatient unit of an authorised mental health service; and\n- (ii) is admitted to the inpatient unit of the authorised mental health service; and\n- (iii) consents under section 67 or 79 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service; or\n- (i) remains in an inpatient unit of an authorised mental health service under section 74 ; and\n- (ii) consents under section 74 to receiving treatment and care for the person’s mental illness in the inpatient unit of the authorised mental health service.","sortOrder":77},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Transport of persons in custody to authorised mental health services","content":"# Transport of persons in custody to authorised mental health services","sortOrder":78},{"sectionNumber":"sec.65","sectionType":"section","heading":"Transport for assessment","content":"### sec.65 Transport for assessment\n\nThis section applies to a person in custody who is subject to a recommendation for assessment.\nThe person may be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service for assessment under chapter 2 , part 3 .\nThe authorised person may transport the person only if both of the following have been made for the person—\nan administrator consent;\na custodian consent.\nDespite section 44 (1) and (2) , the person may be transported only to, and assessed only in, an inpatient unit of an authorised mental health service.\n(sec.65-ssec.1) This section applies to a person in custody who is subject to a recommendation for assessment.\n(sec.65-ssec.2) The person may be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service for assessment under chapter 2 , part 3 .\n(sec.65-ssec.3) The authorised person may transport the person only if both of the following have been made for the person— an administrator consent; a custodian consent.\n(sec.65-ssec.4) Despite section 44 (1) and (2) , the person may be transported only to, and assessed only in, an inpatient unit of an authorised mental health service.\n- (a) an administrator consent;\n- (b) a custodian consent.","sortOrder":79},{"sectionNumber":"sec.66","sectionType":"section","heading":"Transport for treatment and care under treatment authority or particular orders","content":"### sec.66 Transport for treatment and care under treatment authority or particular orders\n\nThis section applies to a person in custody who is subject to a treatment authority, forensic order (mental health) or treatment support order.\nThe person may be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service to receive treatment and care for the person’s mental illness.\nThe authorised person may transport the person only if all of the following have been made for the person—\na transfer recommendation;\nan administrator consent;\na custodian consent.\nWhen the person is admitted to the inpatient unit of the authorised mental health service—\nif the category of the person’s treatment authority, forensic order (mental health) or treatment support order is community—the category is changed to inpatient; and\nif limited community treatment has been authorised for the person by an authorised doctor under section 52 , 57 , 209 , 212 or 216 —the authorisation is revoked; and\nif limited community treatment has been ordered or approved by the Mental Health Court or tribunal—the order or approval is of no effect while the person is receiving treatment and care for the person’s mental illness in the inpatient unit.\n(sec.66-ssec.1) This section applies to a person in custody who is subject to a treatment authority, forensic order (mental health) or treatment support order.\n(sec.66-ssec.2) The person may be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service to receive treatment and care for the person’s mental illness.\n(sec.66-ssec.3) The authorised person may transport the person only if all of the following have been made for the person— a transfer recommendation; an administrator consent; a custodian consent.\n(sec.66-ssec.4) When the person is admitted to the inpatient unit of the authorised mental health service— if the category of the person’s treatment authority, forensic order (mental health) or treatment support order is community—the category is changed to inpatient; and if limited community treatment has been authorised for the person by an authorised doctor under section 52 , 57 , 209 , 212 or 216 —the authorisation is revoked; and if limited community treatment has been ordered or approved by the Mental Health Court or tribunal—the order or approval is of no effect while the person is receiving treatment and care for the person’s mental illness in the inpatient unit.\n- (a) a transfer recommendation;\n- (b) an administrator consent;\n- (c) a custodian consent.\n- (a) if the category of the person’s treatment authority, forensic order (mental health) or treatment support order is community—the category is changed to inpatient; and\n- (b) if limited community treatment has been authorised for the person by an authorised doctor under section 52 , 57 , 209 , 212 or 216 —the authorisation is revoked; and\n- (c) if limited community treatment has been ordered or approved by the Mental Health Court or tribunal—the order or approval is of no effect while the person is receiving treatment and care for the person’s mental illness in the inpatient unit.","sortOrder":80},{"sectionNumber":"sec.67","sectionType":"section","heading":"Transport for treatment and care by consent","content":"### sec.67 Transport for treatment and care by consent\n\nThis section applies to a person in custody who—\nis not subject to a treatment authority, forensic order (mental health) or treatment support order; and\nconsents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\nThe person may be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service to receive treatment and care for the person’s mental illness.\nThe authorised person may transport the person only if all of the following have been made for the person—\na transfer recommendation;\nan administrator consent;\na custodian consent.\nThe person may withdraw the person’s consent under subsection (1) (b) at any time.\nIf the person withdraws consent, see sections 80 and 83 .\nSubsection (4) does not prevent a treatment authority being made under chapter 2 for the person.\n(sec.67-ssec.1) This section applies to a person in custody who— is not subject to a treatment authority, forensic order (mental health) or treatment support order; and consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.67-ssec.2) The person may be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service to receive treatment and care for the person’s mental illness.\n(sec.67-ssec.3) The authorised person may transport the person only if all of the following have been made for the person— a transfer recommendation; an administrator consent; a custodian consent.\n(sec.67-ssec.4) The person may withdraw the person’s consent under subsection (1) (b) at any time. If the person withdraws consent, see sections 80 and 83 .\n(sec.67-ssec.5) Subsection (4) does not prevent a treatment authority being made under chapter 2 for the person.\n- (a) is not subject to a treatment authority, forensic order (mental health) or treatment support order; and\n- (b) consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (a) a transfer recommendation;\n- (b) an administrator consent;\n- (c) a custodian consent.","sortOrder":81},{"sectionNumber":"sec.68","sectionType":"section","heading":"Transfer recommendation","content":"### sec.68 Transfer recommendation\n\nThis section applies to a person in custody who—\nis subject to a treatment authority, forensic order (mental health) or treatment support order; or\nconsents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\nA doctor or authorised mental health practitioner may, in the approved form, make a recommendation (a transfer recommendation ) for the person to be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service to receive treatment and care for the person’s mental illness.\nThe doctor or authorised mental health practitioner may make the transfer recommendation only if satisfied—\nfor a person who is not subject to a treatment authority, forensic order (mental health) or treatment support order—the person may have a mental illness; and\nit is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an authorised mental health service.\nAs soon as practicable after making the transfer recommendation, the doctor or authorised mental health practitioner must—\ntell the person of the making of the transfer recommendation; and\nexplain its effect to the person; and\ngive the person a copy of the transfer recommendation, if requested.\nSubsection (4) (c) does not apply if the doctor or authorised mental health practitioner considers giving the copy may adversely affect the health and wellbeing of the person.\nAlso, the doctor or authorised mental health practitioner must give a copy of the transfer recommendation to the person’s nominated support persons, personal guardian or attorney, if requested.\n(sec.68-ssec.1) This section applies to a person in custody who— is subject to a treatment authority, forensic order (mental health) or treatment support order; or consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.68-ssec.2) A doctor or authorised mental health practitioner may, in the approved form, make a recommendation (a transfer recommendation ) for the person to be transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service to receive treatment and care for the person’s mental illness.\n(sec.68-ssec.3) The doctor or authorised mental health practitioner may make the transfer recommendation only if satisfied— for a person who is not subject to a treatment authority, forensic order (mental health) or treatment support order—the person may have a mental illness; and it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an authorised mental health service.\n(sec.68-ssec.4) As soon as practicable after making the transfer recommendation, the doctor or authorised mental health practitioner must— tell the person of the making of the transfer recommendation; and explain its effect to the person; and give the person a copy of the transfer recommendation, if requested.\n(sec.68-ssec.5) Subsection (4) (c) does not apply if the doctor or authorised mental health practitioner considers giving the copy may adversely affect the health and wellbeing of the person.\n(sec.68-ssec.6) Also, the doctor or authorised mental health practitioner must give a copy of the transfer recommendation to the person’s nominated support persons, personal guardian or attorney, if requested.\n- (a) is subject to a treatment authority, forensic order (mental health) or treatment support order; or\n- (b) consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (a) for a person who is not subject to a treatment authority, forensic order (mental health) or treatment support order—the person may have a mental illness; and\n- (b) it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an authorised mental health service.\n- (a) tell the person of the making of the transfer recommendation; and\n- (b) explain its effect to the person; and\n- (c) give the person a copy of the transfer recommendation, if requested.","sortOrder":82},{"sectionNumber":"sec.69","sectionType":"section","heading":"Administrator consent","content":"### sec.69 Administrator consent\n\nThis section applies to a person in custody who—\nis subject to a recommendation for assessment; or\nis subject to a treatment authority, forensic order (mental health) or treatment support order; or\nconsents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\nThe administrator of an authorised mental health service may, in the approved form, consent to the person in custody being transported by an authorised person from the person’s place of custody to an inpatient unit of the authorised mental health service—\nfor a person mentioned in subsection (1) (a) —for assessment under chapter 2 , part 3 ; or\nfor a person mentioned in subsection (1) (b) or (c) —to receive treatment and care for the person’s mental illness.\nThe administrator may consent only if satisfied—\nthe authorised mental health service has capacity—\nfor a person mentioned in subsection (1) (a) —to carry out the assessment; or\nfor a person mentioned in subsection (1) (b) or (c) —to provide treatment and care for the person’s mental illness; and\nfor an authorised mental health service that is not a high security unit—that carrying out the assessment, or providing the treatment and care, would not pose an unreasonable risk to the safety of the person or others having regard to—\nthe person’s mental state and psychiatric history; and\nthe person’s treatment and care needs; and\nthe security requirements for the person.\n(sec.69-ssec.1) This section applies to a person in custody who— is subject to a recommendation for assessment; or is subject to a treatment authority, forensic order (mental health) or treatment support order; or consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.69-ssec.2) The administrator of an authorised mental health service may, in the approved form, consent to the person in custody being transported by an authorised person from the person’s place of custody to an inpatient unit of the authorised mental health service— for a person mentioned in subsection (1) (a) —for assessment under chapter 2 , part 3 ; or for a person mentioned in subsection (1) (b) or (c) —to receive treatment and care for the person’s mental illness.\n(sec.69-ssec.3) The administrator may consent only if satisfied— the authorised mental health service has capacity— for a person mentioned in subsection (1) (a) —to carry out the assessment; or for a person mentioned in subsection (1) (b) or (c) —to provide treatment and care for the person’s mental illness; and for an authorised mental health service that is not a high security unit—that carrying out the assessment, or providing the treatment and care, would not pose an unreasonable risk to the safety of the person or others having regard to— the person’s mental state and psychiatric history; and the person’s treatment and care needs; and the security requirements for the person.\n- (a) is subject to a recommendation for assessment; or\n- (b) is subject to a treatment authority, forensic order (mental health) or treatment support order; or\n- (c) consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (a) for a person mentioned in subsection (1) (a) —for assessment under chapter 2 , part 3 ; or\n- (b) for a person mentioned in subsection (1) (b) or (c) —to receive treatment and care for the person’s mental illness.\n- (a) the authorised mental health service has capacity— (i) for a person mentioned in subsection (1) (a) —to carry out the assessment; or (ii) for a person mentioned in subsection (1) (b) or (c) —to provide treatment and care for the person’s mental illness; and\n- (i) for a person mentioned in subsection (1) (a) —to carry out the assessment; or\n- (ii) for a person mentioned in subsection (1) (b) or (c) —to provide treatment and care for the person’s mental illness; and\n- (b) for an authorised mental health service that is not a high security unit—that carrying out the assessment, or providing the treatment and care, would not pose an unreasonable risk to the safety of the person or others having regard to— (i) the person’s mental state and psychiatric history; and (ii) the person’s treatment and care needs; and (iii) the security requirements for the person.\n- (i) the person’s mental state and psychiatric history; and\n- (ii) the person’s treatment and care needs; and\n- (iii) the security requirements for the person.\n- (i) for a person mentioned in subsection (1) (a) —to carry out the assessment; or\n- (ii) for a person mentioned in subsection (1) (b) or (c) —to provide treatment and care for the person’s mental illness; and\n- (i) the person’s mental state and psychiatric history; and\n- (ii) the person’s treatment and care needs; and\n- (iii) the security requirements for the person.","sortOrder":83},{"sectionNumber":"sec.70","sectionType":"section","heading":"Prior approval of chief psychiatrist for transport of minor to high security unit","content":"### sec.70 Prior approval of chief psychiatrist for transport of minor to high security unit\n\nIf a person in custody mentioned in section 69 (1) is a minor, the administrator of an authorised mental health service that is a high security unit must not give consent under section 69 for the transport of the minor from the minor’s place of custody to the high security unit unless the chief psychiatrist has given prior written approval of the giving of the consent.\nIn deciding whether to give the approval, the chief psychiatrist must have regard to the following—\nthe minor’s mental state and psychiatric history;\nthe minor’s treatment and care needs;\nthe security requirements for the minor.\nAs soon as practicable after deciding to give the approval, the chief psychiatrist must give a copy of the written approval to the administrator.\n(sec.70-ssec.1) If a person in custody mentioned in section 69 (1) is a minor, the administrator of an authorised mental health service that is a high security unit must not give consent under section 69 for the transport of the minor from the minor’s place of custody to the high security unit unless the chief psychiatrist has given prior written approval of the giving of the consent.\n(sec.70-ssec.2) In deciding whether to give the approval, the chief psychiatrist must have regard to the following— the minor’s mental state and psychiatric history; the minor’s treatment and care needs; the security requirements for the minor.\n(sec.70-ssec.3) As soon as practicable after deciding to give the approval, the chief psychiatrist must give a copy of the written approval to the administrator.\n- (a) the minor’s mental state and psychiatric history;\n- (b) the minor’s treatment and care needs;\n- (c) the security requirements for the minor.","sortOrder":84},{"sectionNumber":"sec.71","sectionType":"section","heading":"Custodian consent","content":"### sec.71 Custodian consent\n\nThis section applies to a person in custody who—\nis subject to a recommendation for assessment; or\nis subject to a treatment authority, forensic order (mental health) or treatment support order; or\nconsents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\nThe custodian of the person in custody must, in the approved form, consent to the person being transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service—\nfor a person mentioned in subsection (1) (a) —for assessment under chapter 2 , part 3 ; or\nfor a person mentioned in subsection (1) (b) or (c) —to receive treatment and care for the person’s mental illness.\nHowever, subsection (2) does not apply if the custodian is satisfied that carrying out the assessment, or providing the treatment and care, would pose an unreasonable risk to the safety of the person or others having regard to the security requirements for the person.\nThe approved form must state the particular authorised mental health service to which the person is to be transported for the assessment or the treatment and care.\n(sec.71-ssec.1) This section applies to a person in custody who— is subject to a recommendation for assessment; or is subject to a treatment authority, forensic order (mental health) or treatment support order; or consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.71-ssec.2) The custodian of the person in custody must, in the approved form, consent to the person being transported by an authorised person from the person’s place of custody to an inpatient unit of an authorised mental health service— for a person mentioned in subsection (1) (a) —for assessment under chapter 2 , part 3 ; or for a person mentioned in subsection (1) (b) or (c) —to receive treatment and care for the person’s mental illness.\n(sec.71-ssec.3) However, subsection (2) does not apply if the custodian is satisfied that carrying out the assessment, or providing the treatment and care, would pose an unreasonable risk to the safety of the person or others having regard to the security requirements for the person.\n(sec.71-ssec.4) The approved form must state the particular authorised mental health service to which the person is to be transported for the assessment or the treatment and care.\n- (a) is subject to a recommendation for assessment; or\n- (b) is subject to a treatment authority, forensic order (mental health) or treatment support order; or\n- (c) consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (a) for a person mentioned in subsection (1) (a) —for assessment under chapter 2 , part 3 ; or\n- (b) for a person mentioned in subsection (1) (b) or (c) —to receive treatment and care for the person’s mental illness.","sortOrder":85},{"sectionNumber":"sec.72","sectionType":"section","heading":"Notice to chief psychiatrist if person in custody not transported within 72 hours","content":"### sec.72 Notice to chief psychiatrist if person in custody not transported within 72 hours\n\nThis section applies if—\na person mentioned in section 65 is not transported to an inpatient unit of an authorised mental health service within 72 hours after the recommendation for assessment for the person is made; or\na person mentioned in section 66 or 67 is not transported to an inpatient unit of an authorised mental health service within 72 hours after the transfer recommendation for the person is made.\nAs soon as practicable after the end of the 72 hour period, a doctor or authorised mental health practitioner must give the chief psychiatrist written notice that the person has not been transported to an inpatient unit of an authorised mental health service under the recommendation for assessment or transfer recommendation.\n(sec.72-ssec.1) This section applies if— a person mentioned in section 65 is not transported to an inpatient unit of an authorised mental health service within 72 hours after the recommendation for assessment for the person is made; or a person mentioned in section 66 or 67 is not transported to an inpatient unit of an authorised mental health service within 72 hours after the transfer recommendation for the person is made.\n(sec.72-ssec.2) As soon as practicable after the end of the 72 hour period, a doctor or authorised mental health practitioner must give the chief psychiatrist written notice that the person has not been transported to an inpatient unit of an authorised mental health service under the recommendation for assessment or transfer recommendation.\n- (a) a person mentioned in section 65 is not transported to an inpatient unit of an authorised mental health service within 72 hours after the recommendation for assessment for the person is made; or\n- (b) a person mentioned in section 66 or 67 is not transported to an inpatient unit of an authorised mental health service within 72 hours after the transfer recommendation for the person is made.","sortOrder":86},{"sectionNumber":"sec.73","sectionType":"section","heading":"Chief psychiatrist consent for transport","content":"### sec.73 Chief psychiatrist consent for transport\n\nThis section applies if the chief psychiatrist—\nreceives a written notice under section 72 (2) about a person in custody; or\notherwise becomes aware a person has not been transported to an inpatient unit of an authorised mental health service under a recommendation for assessment or transfer recommendation for the person.\nThe chief psychiatrist may decide to consent to the person being transported to an inpatient unit of an authorised mental health service for the assessment or for the treatment and care.\nIn deciding whether to give consent, the chief psychiatrist must have regard to the matters to which an administrator of an authorised mental health service must have regard under section 69 (3) in giving consent under section 69 (2) .\nAs soon as practicable after the chief psychiatrist decides to give consent, the chief psychiatrist must give written notice of the decision to the administrator of the authorised mental health service to which the person is to be transported.\nThe chief psychiatrist’s consent has the same effect as if the administrator had given consent under section 69 (2) for the transport of the person.\nAs soon as practicable after receiving the notice under subsection (4) , and subject to a custodian consent being given for the person, the administrator must arrange for the person to be transported by an authorised person to the inpatient unit of the authorised mental health service.\n(sec.73-ssec.1) This section applies if the chief psychiatrist— receives a written notice under section 72 (2) about a person in custody; or otherwise becomes aware a person has not been transported to an inpatient unit of an authorised mental health service under a recommendation for assessment or transfer recommendation for the person.\n(sec.73-ssec.2) The chief psychiatrist may decide to consent to the person being transported to an inpatient unit of an authorised mental health service for the assessment or for the treatment and care.\n(sec.73-ssec.3) In deciding whether to give consent, the chief psychiatrist must have regard to the matters to which an administrator of an authorised mental health service must have regard under section 69 (3) in giving consent under section 69 (2) .\n(sec.73-ssec.4) As soon as practicable after the chief psychiatrist decides to give consent, the chief psychiatrist must give written notice of the decision to the administrator of the authorised mental health service to which the person is to be transported.\n(sec.73-ssec.5) The chief psychiatrist’s consent has the same effect as if the administrator had given consent under section 69 (2) for the transport of the person.\n(sec.73-ssec.6) As soon as practicable after receiving the notice under subsection (4) , and subject to a custodian consent being given for the person, the administrator must arrange for the person to be transported by an authorised person to the inpatient unit of the authorised mental health service.\n- (a) receives a written notice under section 72 (2) about a person in custody; or\n- (b) otherwise becomes aware a person has not been transported to an inpatient unit of an authorised mental health service under a recommendation for assessment or transfer recommendation for the person.","sortOrder":87},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Persons in custody remaining in authorised mental health services","content":"# Persons in custody remaining in authorised mental health services","sortOrder":88},{"sectionNumber":"sec.74","sectionType":"section","heading":"Person subject to examination order or court examination order remaining in authorised mental health service","content":"### sec.74 Person subject to examination order or court examination order remaining in authorised mental health service\n\nThis section applies if—\na person is transported by an authorised person, under an examination order or a court examination order, from the person’s place of custody to an authorised mental health service; and\nthe authorised doctor making the examination considers it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and\neither—\nthe person is subject to a treatment authority, forensic order (mental health) or treatment support order; or\nthe person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\nThe person may remain in the inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness if all of the following have been made for the person—\na recommendation in writing by the authorised doctor for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service;\nan administrator consent;\na custodian consent.\nFor subsection (2) (a) , the authorised doctor may make the recommendation only if satisfied the person may have a mental illness and it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an authorised mental health service.\nFor subsection (2) (b) , the administrator of an authorised mental health service may, in the approved form, consent to the person remaining in an inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness.\nThe administrator may consent only if satisfied—\nthe authorised mental health service has capacity to provide treatment and care for the person’s mental illness; and\nfor an authorised mental health service that is not a high security unit—that providing the treatment and care would not pose an unreasonable risk to the safety of the person or others having regard to—\nthe person’s mental state and psychiatric history; and\nthe person’s treatment and care needs; and\nthe security requirements for the person.\nFor subsection (2) (c) , the custodian of the person must, in the approved form, consent to the person remaining in an inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness.\nHowever, subsection (6) does not apply if the custodian is satisfied that providing the treatment and care would pose an unreasonable risk to the safety of the person or others having regard to the security requirements for the person.\nThe authorised doctor may detain the person, under the order, in the authorised mental health service for the period, of not more than 7 days, reasonably necessary to obtain an administrator consent and custodian consent for the person.\nWhen a person mentioned in subsection (1) (c) (i) starts receiving treatment and care for the person’s mental illness as a classified patient in the inpatient unit of the authorised mental health service—\nif the category of the person’s treatment authority, forensic order (mental health) or treatment support order is community—the category is changed to inpatient; and\nif limited community treatment has been authorised for the person by an authorised doctor under section 52 , 57 , 209 , 212 or 216 —the authorisation is revoked; and\nif limited community treatment has been approved or ordered by the Mental Health Court or tribunal—the approval or order is of no effect while the person is receiving treatment and care in the inpatient unit.\nAlso, as soon as practicable after the person remains in the inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness, the authorised doctor must—\ntell the person of the making of the recommendation under subsection (2) (a) ; and\nexplain its effect to the person; and\ngive the person a copy of the recommendation, if requested.\nSubsection (10) (c) does not apply if the authorised doctor considers giving the copy may adversely affect the health and wellbeing of the person.\nIn this section—\nadministrator consent means consent given under subsection (4) .\ncustodian , of a person, means the custodian of the person immediately before the making of an examination order or a court examination order for the person.\ncustodian consent means consent given under subsection (6) .\n(sec.74-ssec.1) This section applies if— a person is transported by an authorised person, under an examination order or a court examination order, from the person’s place of custody to an authorised mental health service; and the authorised doctor making the examination considers it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and either— the person is subject to a treatment authority, forensic order (mental health) or treatment support order; or the person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.74-ssec.2) The person may remain in the inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness if all of the following have been made for the person— a recommendation in writing by the authorised doctor for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; an administrator consent; a custodian consent.\n(sec.74-ssec.3) For subsection (2) (a) , the authorised doctor may make the recommendation only if satisfied the person may have a mental illness and it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an authorised mental health service.\n(sec.74-ssec.4) For subsection (2) (b) , the administrator of an authorised mental health service may, in the approved form, consent to the person remaining in an inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness.\n(sec.74-ssec.5) The administrator may consent only if satisfied— the authorised mental health service has capacity to provide treatment and care for the person’s mental illness; and for an authorised mental health service that is not a high security unit—that providing the treatment and care would not pose an unreasonable risk to the safety of the person or others having regard to— the person’s mental state and psychiatric history; and the person’s treatment and care needs; and the security requirements for the person.\n(sec.74-ssec.6) For subsection (2) (c) , the custodian of the person must, in the approved form, consent to the person remaining in an inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness.\n(sec.74-ssec.7) However, subsection (6) does not apply if the custodian is satisfied that providing the treatment and care would pose an unreasonable risk to the safety of the person or others having regard to the security requirements for the person.\n(sec.74-ssec.8) The authorised doctor may detain the person, under the order, in the authorised mental health service for the period, of not more than 7 days, reasonably necessary to obtain an administrator consent and custodian consent for the person.\n(sec.74-ssec.9) When a person mentioned in subsection (1) (c) (i) starts receiving treatment and care for the person’s mental illness as a classified patient in the inpatient unit of the authorised mental health service— if the category of the person’s treatment authority, forensic order (mental health) or treatment support order is community—the category is changed to inpatient; and if limited community treatment has been authorised for the person by an authorised doctor under section 52 , 57 , 209 , 212 or 216 —the authorisation is revoked; and if limited community treatment has been approved or ordered by the Mental Health Court or tribunal—the approval or order is of no effect while the person is receiving treatment and care in the inpatient unit.\n(sec.74-ssec.10) Also, as soon as practicable after the person remains in the inpatient unit of the authorised mental health service to receive treatment and care for the person’s mental illness, the authorised doctor must— tell the person of the making of the recommendation under subsection (2) (a) ; and explain its effect to the person; and give the person a copy of the recommendation, if requested.\n(sec.74-ssec.11) Subsection (10) (c) does not apply if the authorised doctor considers giving the copy may adversely affect the health and wellbeing of the person.\n(sec.74-ssec.12) In this section— administrator consent means consent given under subsection (4) . custodian , of a person, means the custodian of the person immediately before the making of an examination order or a court examination order for the person. custodian consent means consent given under subsection (6) .\n- (a) a person is transported by an authorised person, under an examination order or a court examination order, from the person’s place of custody to an authorised mental health service; and\n- (b) the authorised doctor making the examination considers it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and\n- (c) either— (i) the person is subject to a treatment authority, forensic order (mental health) or treatment support order; or (ii) the person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (i) the person is subject to a treatment authority, forensic order (mental health) or treatment support order; or\n- (ii) the person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (i) the person is subject to a treatment authority, forensic order (mental health) or treatment support order; or\n- (ii) the person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (a) a recommendation in writing by the authorised doctor for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service;\n- (b) an administrator consent;\n- (c) a custodian consent.\n- (a) the authorised mental health service has capacity to provide treatment and care for the person’s mental illness; and\n- (b) for an authorised mental health service that is not a high security unit—that providing the treatment and care would not pose an unreasonable risk to the safety of the person or others having regard to— (i) the person’s mental state and psychiatric history; and (ii) the person’s treatment and care needs; and (iii) the security requirements for the person.\n- (i) the person’s mental state and psychiatric history; and\n- (ii) the person’s treatment and care needs; and\n- (iii) the security requirements for the person.\n- (i) the person’s mental state and psychiatric history; and\n- (ii) the person’s treatment and care needs; and\n- (iii) the security requirements for the person.\n- (a) if the category of the person’s treatment authority, forensic order (mental health) or treatment support order is community—the category is changed to inpatient; and\n- (b) if limited community treatment has been authorised for the person by an authorised doctor under section 52 , 57 , 209 , 212 or 216 —the authorisation is revoked; and\n- (c) if limited community treatment has been approved or ordered by the Mental Health Court or tribunal—the approval or order is of no effect while the person is receiving treatment and care in the inpatient unit.\n- (a) tell the person of the making of the recommendation under subsection (2) (a) ; and\n- (b) explain its effect to the person; and\n- (c) give the person a copy of the recommendation, if requested.","sortOrder":89},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Requirements applying when person in custody becomes classified patient","content":"# Requirements applying when person in custody becomes classified patient","sortOrder":90},{"sectionNumber":"sec.75","sectionType":"section","heading":"Explanation to person in custody who becomes classified patient","content":"### sec.75 Explanation to person in custody who becomes classified patient\n\nIf a person in custody becomes a classified patient (involuntary) or classified patient (voluntary), an authorised doctor must explain to the person how this Act applies to the person.","sortOrder":91},{"sectionNumber":"sec.76","sectionType":"section","heading":"Notice to chief psychiatrist of person in custody becoming classified patient","content":"### sec.76 Notice to chief psychiatrist of person in custody becoming classified patient\n\nAs soon as practicable after a person in custody becomes a classified patient, the administrator of the authorised mental health service to which the person is transported must give the chief psychiatrist written notice that the person is a classified patient.","sortOrder":92},{"sectionNumber":"sec.77","sectionType":"section","heading":"Notice to tribunal of minor in custody becoming classified patient in high security unit","content":"### sec.77 Notice to tribunal of minor in custody becoming classified patient in high security unit\n\nThis section applies if a person in custody who is a minor becomes a classified patient in a high security unit.\nAs soon as practicable after the minor becomes a classified patient, the administrator of the high security unit must give the tribunal written notice that the minor has been admitted to the high security unit.\nIf the minor stops being detained in the high security unit, the administrator of the high security unit must, as soon as practicable, give the tribunal written notice of that fact.\n(sec.77-ssec.1) This section applies if a person in custody who is a minor becomes a classified patient in a high security unit.\n(sec.77-ssec.2) As soon as practicable after the minor becomes a classified patient, the administrator of the high security unit must give the tribunal written notice that the minor has been admitted to the high security unit.\n(sec.77-ssec.3) If the minor stops being detained in the high security unit, the administrator of the high security unit must, as soon as practicable, give the tribunal written notice of that fact.","sortOrder":93},{"sectionNumber":"sec.78","sectionType":"section","heading":"Examination of classified patient under s 201","content":"### sec.78 Examination of classified patient under s 201\n\nIn examining a classified patient under section 201 , the authorised doctor examining the patient must consider whether it is clinically appropriate for the patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service.\nSee section 81 for the requirement to give notice to the chief psychiatrist if the authorised doctor decides it is not clinically appropriate.","sortOrder":94},{"sectionNumber":"sec.79","sectionType":"section","heading":"Classified patient (involuntary) may become classified patient (voluntary)","content":"### sec.79 Classified patient (involuntary) may become classified patient (voluntary)\n\nThis section applies to—\na classified patient (involuntary) who is subject to a recommendation for assessment, if the assessment period for the patient ends and a treatment authority is not made for the patient; or\na classified patient (involuntary) who is subject to a treatment authority, forensic order (mental health) or treatment support order, if the authority or order is revoked.\nDespite subsection (1) (b) , this section does not apply if the tribunal—\non revoking the forensic order (mental health), makes either of the following for the patient—\na treatment support order under section 450 ;\na treatment authority under section 451 (1) (b) ; or\non revoking the treatment support order, makes a treatment authority under section 483 (1) (b) for the patient.\nThe person may be detained in an inpatient unit of an authorised mental health service as a classified patient (voluntary) if—\nan authorised doctor or authorised mental health practitioner is satisfied—\nthe person has, or may have, a mental illness; and\nit is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and\nthe person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\nThe person may withdraw consent under subsection (3) (b) at any time.\nIf the person withdraws consent, see sections 80 and 83 .\nSubsection (4) does not prevent a treatment authority being made under chapter 2 for the person.\n(sec.79-ssec.1) This section applies to— a classified patient (involuntary) who is subject to a recommendation for assessment, if the assessment period for the patient ends and a treatment authority is not made for the patient; or a classified patient (involuntary) who is subject to a treatment authority, forensic order (mental health) or treatment support order, if the authority or order is revoked.\n(sec.79-ssec.2) Despite subsection (1) (b) , this section does not apply if the tribunal— on revoking the forensic order (mental health), makes either of the following for the patient— a treatment support order under section 450 ; a treatment authority under section 451 (1) (b) ; or on revoking the treatment support order, makes a treatment authority under section 483 (1) (b) for the patient.\n(sec.79-ssec.3) The person may be detained in an inpatient unit of an authorised mental health service as a classified patient (voluntary) if— an authorised doctor or authorised mental health practitioner is satisfied— the person has, or may have, a mental illness; and it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and the person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.79-ssec.4) The person may withdraw consent under subsection (3) (b) at any time. If the person withdraws consent, see sections 80 and 83 .\n(sec.79-ssec.5) Subsection (4) does not prevent a treatment authority being made under chapter 2 for the person.\n- (a) a classified patient (involuntary) who is subject to a recommendation for assessment, if the assessment period for the patient ends and a treatment authority is not made for the patient; or\n- (b) a classified patient (involuntary) who is subject to a treatment authority, forensic order (mental health) or treatment support order, if the authority or order is revoked.\n- (a) on revoking the forensic order (mental health), makes either of the following for the patient— (i) a treatment support order under section 450 ; (ii) a treatment authority under section 451 (1) (b) ; or\n- (i) a treatment support order under section 450 ;\n- (ii) a treatment authority under section 451 (1) (b) ; or\n- (b) on revoking the treatment support order, makes a treatment authority under section 483 (1) (b) for the patient.\n- (i) a treatment support order under section 450 ;\n- (ii) a treatment authority under section 451 (1) (b) ; or\n- (a) an authorised doctor or authorised mental health practitioner is satisfied— (i) the person has, or may have, a mental illness; and (ii) it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and\n- (i) the person has, or may have, a mental illness; and\n- (ii) it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and\n- (b) the person consents to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n- (i) the person has, or may have, a mental illness; and\n- (ii) it is clinically appropriate for the person to receive treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service; and","sortOrder":95},{"sectionNumber":"sec.80","sectionType":"section","heading":"Notice to chief psychiatrist if classified patient (voluntary) withdraws consent","content":"### sec.80 Notice to chief psychiatrist if classified patient (voluntary) withdraws consent\n\nThis section applies if a person withdraws consent, under section 67 (4) or 79 (4) , to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\nAs soon as practicable after the person withdraws consent, an authorised doctor must give the chief psychiatrist written notice of the person’s withdrawal of consent.\nSee section 83 for the return of the classified patient to custody.\n(sec.80-ssec.1) This section applies if a person withdraws consent, under section 67 (4) or 79 (4) , to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.80-ssec.2) As soon as practicable after the person withdraws consent, an authorised doctor must give the chief psychiatrist written notice of the person’s withdrawal of consent. See section 83 for the return of the classified patient to custody.","sortOrder":96},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Return to custody, or release from detention in authorised mental health service, of classified patient","content":"# Return to custody, or release from detention in authorised mental health service, of classified patient","sortOrder":97},{"sectionNumber":"sec.81","sectionType":"section","heading":"Notice to chief psychiatrist of notice event","content":"### sec.81 Notice to chief psychiatrist of notice event\n\nThis section applies if any of the following happens (each a notice event )—\nfor a person in custody who has become a classified patient (involuntary) due to a recommendation for assessment—\nthe assessment period for the person ends and a treatment authority is not made for the person; and\nthe person does not become a classified patient (voluntary) under section 79 ;\nfor a person in custody who has become a classified patient (involuntary) due to a treatment authority, forensic order (mental health) or treatment support order—\nthe authority or order is revoked; and\nthe person does not become a classified patient (voluntary) under section 79 ;\nfor a person in custody who has become a classified patient to receive treatment and care for the patient’s mental illness—an authorised doctor is satisfied it is not, or is no longer, clinically appropriate for the person to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service.\nDespite subsection (1) (b) (i) , this section does not apply if the tribunal—\non revoking the forensic order (mental health), makes either of the following for the person—\na treatment support order under section 450 ;\na treatment authority under section 451 (1) (b) ; or\non revoking the treatment support order, makes a treatment authority under section 483 (1) (b) for the person.\nAs soon as practicable after the notice event happens, an authorised doctor must give the chief psychiatrist written notice of the notice event.\nThe notice must—\nbe in the approved form; and\nif the notice is about a notice event mentioned in subsection (1) (c) —state the reasons the authorised doctor is satisfied under that subsection.\nFor a notice about a notice event mentioned in subsection (1) (a) or (b) , the authorised doctor must—\ntell the classified patient of the notice; and\nexplain its effect to the classified patient.\n(sec.81-ssec.1) This section applies if any of the following happens (each a notice event )— for a person in custody who has become a classified patient (involuntary) due to a recommendation for assessment— the assessment period for the person ends and a treatment authority is not made for the person; and the person does not become a classified patient (voluntary) under section 79 ; for a person in custody who has become a classified patient (involuntary) due to a treatment authority, forensic order (mental health) or treatment support order— the authority or order is revoked; and the person does not become a classified patient (voluntary) under section 79 ; for a person in custody who has become a classified patient to receive treatment and care for the patient’s mental illness—an authorised doctor is satisfied it is not, or is no longer, clinically appropriate for the person to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service.\n(sec.81-ssec.2) Despite subsection (1) (b) (i) , this section does not apply if the tribunal— on revoking the forensic order (mental health), makes either of the following for the person— a treatment support order under section 450 ; a treatment authority under section 451 (1) (b) ; or on revoking the treatment support order, makes a treatment authority under section 483 (1) (b) for the person.\n(sec.81-ssec.3) As soon as practicable after the notice event happens, an authorised doctor must give the chief psychiatrist written notice of the notice event.\n(sec.81-ssec.4) The notice must— be in the approved form; and if the notice is about a notice event mentioned in subsection (1) (c) —state the reasons the authorised doctor is satisfied under that subsection.\n(sec.81-ssec.5) For a notice about a notice event mentioned in subsection (1) (a) or (b) , the authorised doctor must— tell the classified patient of the notice; and explain its effect to the classified patient.\n- (a) for a person in custody who has become a classified patient (involuntary) due to a recommendation for assessment— (i) the assessment period for the person ends and a treatment authority is not made for the person; and (ii) the person does not become a classified patient (voluntary) under section 79 ;\n- (i) the assessment period for the person ends and a treatment authority is not made for the person; and\n- (ii) the person does not become a classified patient (voluntary) under section 79 ;\n- (b) for a person in custody who has become a classified patient (involuntary) due to a treatment authority, forensic order (mental health) or treatment support order— (i) the authority or order is revoked; and (ii) the person does not become a classified patient (voluntary) under section 79 ;\n- (i) the authority or order is revoked; and\n- (ii) the person does not become a classified patient (voluntary) under section 79 ;\n- (c) for a person in custody who has become a classified patient to receive treatment and care for the patient’s mental illness—an authorised doctor is satisfied it is not, or is no longer, clinically appropriate for the person to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service.\n- (i) the assessment period for the person ends and a treatment authority is not made for the person; and\n- (ii) the person does not become a classified patient (voluntary) under section 79 ;\n- (i) the authority or order is revoked; and\n- (ii) the person does not become a classified patient (voluntary) under section 79 ;\n- (a) on revoking the forensic order (mental health), makes either of the following for the person— (i) a treatment support order under section 450 ; (ii) a treatment authority under section 451 (1) (b) ; or\n- (i) a treatment support order under section 450 ;\n- (ii) a treatment authority under section 451 (1) (b) ; or\n- (b) on revoking the treatment support order, makes a treatment authority under section 483 (1) (b) for the person.\n- (i) a treatment support order under section 450 ;\n- (ii) a treatment authority under section 451 (1) (b) ; or\n- (a) be in the approved form; and\n- (b) if the notice is about a notice event mentioned in subsection (1) (c) —state the reasons the authorised doctor is satisfied under that subsection.\n- (a) tell the classified patient of the notice; and\n- (b) explain its effect to the classified patient.","sortOrder":98},{"sectionNumber":"sec.82","sectionType":"section","heading":"Chief psychiatrist may decide to return classified patient to place of custody","content":"### sec.82 Chief psychiatrist may decide to return classified patient to place of custody\n\nThe chief psychiatrist, on receiving a notice about a notice event mentioned in section 81 (1) (c) , may decide—\nit is not clinically appropriate for the classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and\nthe classified patient should be returned under section 83 to a place of custody.\nAlso, the chief psychiatrist may, on the chief psychiatrist’s own initiative, decide—\nit is not clinically appropriate for a classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and\nthe classified patient should be returned under section 83 to a place of custody.\nAs soon as practicable after the chief psychiatrist makes a decision under subsection (1) or (2) , the chief psychiatrist must give the administrator of the classified patient’s treating health service written notice of the decision.\nAs soon as practicable after receiving a notice under subsection (3) , an authorised doctor for the classified patient’s treating health service must—\ntell the classified patient of the decision; and\nexplain its effect to the classified patient.\n(sec.82-ssec.1) The chief psychiatrist, on receiving a notice about a notice event mentioned in section 81 (1) (c) , may decide— it is not clinically appropriate for the classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and the classified patient should be returned under section 83 to a place of custody.\n(sec.82-ssec.2) Also, the chief psychiatrist may, on the chief psychiatrist’s own initiative, decide— it is not clinically appropriate for a classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and the classified patient should be returned under section 83 to a place of custody.\n(sec.82-ssec.3) As soon as practicable after the chief psychiatrist makes a decision under subsection (1) or (2) , the chief psychiatrist must give the administrator of the classified patient’s treating health service written notice of the decision.\n(sec.82-ssec.4) As soon as practicable after receiving a notice under subsection (3) , an authorised doctor for the classified patient’s treating health service must— tell the classified patient of the decision; and explain its effect to the classified patient.\n- (a) it is not clinically appropriate for the classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and\n- (b) the classified patient should be returned under section 83 to a place of custody.\n- (a) it is not clinically appropriate for a classified patient to receive treatment and care for the patient’s mental illness in an inpatient unit of an authorised mental health service; and\n- (b) the classified patient should be returned under section 83 to a place of custody.\n- (a) tell the classified patient of the decision; and\n- (b) explain its effect to the classified patient.","sortOrder":99},{"sectionNumber":"sec.83","sectionType":"section","heading":"Return of classified patient to custody","content":"### sec.83 Return of classified patient to custody\n\nThis section applies if any of the following happens (a return event )—\nthe chief psychiatrist receives notice of a notice event mentioned in section 81 (1) (a) or (b) about a classified patient;\nthe chief psychiatrist decides under section 82 (1) or (2) that a classified patient should be returned to a place of custody;\nthe chief psychiatrist receives notice under section 80 that a classified patient (voluntary) has withdrawn consent to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service and a treatment authority has not been made for the person.\nAs soon as practicable after the return event happens, the chief psychiatrist must give written notice to the following persons of the return event—\nthe custodian who gave the custodian consent for the person (the first custodian );\nif the person is charged with an offence or awaiting sentence on conviction for an offence—the chief executive (justice).\nWithin 1 day after receiving the notice, the first custodian must make arrangements for an authorised person to transport the person from the authorised mental health service—\nto a place in which the person will be in the first custodian’s custody; or\nif the first custodian agrees with another person (the second custodian ) that the person should be transported to a place in which the person will be in the second custodian’s custody—to the place in which the person will be in the second custodian’s custody.\nAn authorised person may transport the person from the authorised mental health service to the place in which the person will be in the custody of the first custodian or second custodian.\nThe person stops being a classified patient when the person is discharged from the authorised mental health service into the custody of the first custodian or second custodian.\nAs soon as practicable after the chief executive (justice) receives a notice under subsection (2) (b) about a person, the chief executive (justice) must give the following persons a copy of the notice—\nthe registrar of the court in which the proceeding for the offence has been brought;\nthe prosecuting authority for the offence;\nif the person is a minor—the chief executive (youth justice).\ns 83 amd 2016 No. 58 s 10 sch 1\n(sec.83-ssec.1) This section applies if any of the following happens (a return event )— the chief psychiatrist receives notice of a notice event mentioned in section 81 (1) (a) or (b) about a classified patient; the chief psychiatrist decides under section 82 (1) or (2) that a classified patient should be returned to a place of custody; the chief psychiatrist receives notice under section 80 that a classified patient (voluntary) has withdrawn consent to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service and a treatment authority has not been made for the person.\n(sec.83-ssec.2) As soon as practicable after the return event happens, the chief psychiatrist must give written notice to the following persons of the return event— the custodian who gave the custodian consent for the person (the first custodian ); if the person is charged with an offence or awaiting sentence on conviction for an offence—the chief executive (justice).\n(sec.83-ssec.3) Within 1 day after receiving the notice, the first custodian must make arrangements for an authorised person to transport the person from the authorised mental health service— to a place in which the person will be in the first custodian’s custody; or if the first custodian agrees with another person (the second custodian ) that the person should be transported to a place in which the person will be in the second custodian’s custody—to the place in which the person will be in the second custodian’s custody.\n(sec.83-ssec.4) An authorised person may transport the person from the authorised mental health service to the place in which the person will be in the custody of the first custodian or second custodian.\n(sec.83-ssec.5) The person stops being a classified patient when the person is discharged from the authorised mental health service into the custody of the first custodian or second custodian.\n(sec.83-ssec.6) As soon as practicable after the chief executive (justice) receives a notice under subsection (2) (b) about a person, the chief executive (justice) must give the following persons a copy of the notice— the registrar of the court in which the proceeding for the offence has been brought; the prosecuting authority for the offence; if the person is a minor—the chief executive (youth justice).\n- (a) the chief psychiatrist receives notice of a notice event mentioned in section 81 (1) (a) or (b) about a classified patient;\n- (b) the chief psychiatrist decides under section 82 (1) or (2) that a classified patient should be returned to a place of custody;\n- (c) the chief psychiatrist receives notice under section 80 that a classified patient (voluntary) has withdrawn consent to receiving treatment and care for the person’s mental illness in an inpatient unit of an authorised mental health service and a treatment authority has not been made for the person.\n- (a) the custodian who gave the custodian consent for the person (the first custodian );\n- (b) if the person is charged with an offence or awaiting sentence on conviction for an offence—the chief executive (justice).\n- (a) to a place in which the person will be in the first custodian’s custody; or\n- (b) if the first custodian agrees with another person (the second custodian ) that the person should be transported to a place in which the person will be in the second custodian’s custody—to the place in which the person will be in the second custodian’s custody.\n- (a) the registrar of the court in which the proceeding for the offence has been brought;\n- (b) the prosecuting authority for the offence;\n- (c) if the person is a minor—the chief executive (youth justice).","sortOrder":100},{"sectionNumber":"sec.84","sectionType":"section","heading":"Person stops being classified patient if Mental Health Court makes decision on reference","content":"### sec.84 Person stops being classified patient if Mental Health Court makes decision on reference\n\nIf a reference in relation to a person is made to the Mental Health Court, the person stops being a classified patient in relation to the reference when the Mental Health Court makes a decision on the reference.","sortOrder":101},{"sectionNumber":"sec.85","sectionType":"section","heading":"Release of classified patient","content":"### sec.85 Release of classified patient\n\nThis section applies if an event happens that means there is no longer a reason for a classified patient to be in lawful custody if the person were not a classified patient (a release event ).\nthe person would be in lawful custody on a charge of an offence, but the person has been granted bail or the prosecution of the charge is discontinued\nthe person would be in lawful custody awaiting sentence on conviction for an offence, but the person has been sentenced to a term of imprisonment which has been suspended or an order of imprisonment has not been made\nthe person would be in lawful custody serving a term of imprisonment, but the person has been released on parole or the term of imprisonment ends\nWithin 1 day after the release event happens, the person’s custodian must give the administrator of the person’s treating health service written notice of the release event.\nImmediately after the administrator receives the notice—\nthe person stops being a classified patient; and\nthe administrator must not detain the person in the treating health service as a classified patient.\nAs soon as practicable after receiving the notice, the administrator must give the chief psychiatrist written notice of the release event.\nSubsection (3) does not limit a power under this Act to detain a person in an authorised mental health service other than as a classified patient.\n(sec.85-ssec.1) This section applies if an event happens that means there is no longer a reason for a classified patient to be in lawful custody if the person were not a classified patient (a release event ). the person would be in lawful custody on a charge of an offence, but the person has been granted bail or the prosecution of the charge is discontinued the person would be in lawful custody awaiting sentence on conviction for an offence, but the person has been sentenced to a term of imprisonment which has been suspended or an order of imprisonment has not been made the person would be in lawful custody serving a term of imprisonment, but the person has been released on parole or the term of imprisonment ends\n(sec.85-ssec.2) Within 1 day after the release event happens, the person’s custodian must give the administrator of the person’s treating health service written notice of the release event.\n(sec.85-ssec.3) Immediately after the administrator receives the notice— the person stops being a classified patient; and the administrator must not detain the person in the treating health service as a classified patient.\n(sec.85-ssec.4) As soon as practicable after receiving the notice, the administrator must give the chief psychiatrist written notice of the release event.\n(sec.85-ssec.5) Subsection (3) does not limit a power under this Act to detain a person in an authorised mental health service other than as a classified patient.\n- • the person would be in lawful custody on a charge of an offence, but the person has been granted bail or the prosecution of the charge is discontinued\n- • the person would be in lawful custody awaiting sentence on conviction for an offence, but the person has been sentenced to a term of imprisonment which has been suspended or an order of imprisonment has not been made\n- • the person would be in lawful custody serving a term of imprisonment, but the person has been released on parole or the term of imprisonment ends\n- (a) the person stops being a classified patient; and\n- (b) the administrator must not detain the person in the treating health service as a classified patient.","sortOrder":102},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":103},{"sectionNumber":"sec.86","sectionType":"section","heading":"Purpose of ch 4","content":"### sec.86 Purpose of ch 4\n\nThe purpose of this chapter is to provide for the preparation of a psychiatrist report and, in particular circumstances, a second psychiatrist report, about a person charged with a serious offence, other than an offence against a law of the Commonwealth.","sortOrder":104},{"sectionNumber":"sec.87","sectionType":"section","heading":"Definitions for ch 4","content":"### sec.87 Definitions for ch 4\n\nIn this chapter—\npsychiatrist report , about a person in relation to a charge of a serious offence, means a report prepared by an authorised psychiatrist stating whether the authorised psychiatrist considers the person—\nmay have been of unsound mind when the serious offence was allegedly committed; or\nmay be unfit for trial.\nsecond psychiatrist report see section 100 (2) .\n- (a) may have been of unsound mind when the serious offence was allegedly committed; or\n- (b) may be unfit for trial.","sortOrder":105},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Psychiatrist report on request","content":"# Psychiatrist report on request","sortOrder":106},{"sectionNumber":"sec.88","sectionType":"section","heading":"Application of pt 2","content":"### sec.88 Application of pt 2\n\nThis part applies to a person charged with a serious offence, other than an offence against a law of the Commonwealth, who, at the time of the alleged commission of the offence or any time after the alleged commission of the offence but before a court makes a final decision in the proceeding for the offence, is subject to—\na treatment authority; or\na forensic order under which a stated authorised mental health service is responsible for the person; or\na treatment support order.\nFor subsection (1) , it is immaterial if the authority or order is revoked before the court makes a final decision in the proceeding for the offence.\n(sec.88-ssec.1) This part applies to a person charged with a serious offence, other than an offence against a law of the Commonwealth, who, at the time of the alleged commission of the offence or any time after the alleged commission of the offence but before a court makes a final decision in the proceeding for the offence, is subject to— a treatment authority; or a forensic order under which a stated authorised mental health service is responsible for the person; or a treatment support order.\n(sec.88-ssec.2) For subsection (1) , it is immaterial if the authority or order is revoked before the court makes a final decision in the proceeding for the offence.\n- (a) a treatment authority; or\n- (b) a forensic order under which a stated authorised mental health service is responsible for the person; or\n- (c) a treatment support order.","sortOrder":107},{"sectionNumber":"sec.89","sectionType":"section","heading":"Administrator must explain effect of request","content":"### sec.89 Administrator must explain effect of request\n\nAs soon as practicable after the administrator of the person’s treating health service becomes aware this part applies to the person, the administrator must—\ntell the person a request may be made under this part for a psychiatrist report about the person in relation to the charge of the serious offence; and\nexplain to the person the effect of a request if made.\nIf the person is a minor, the administrator must also explain the effect of a request to 1 or more of the minor’s parents.\nSubsection (2) does not apply if explaining the effect to 1 or more of the minor’s parents does not appear to be in the minor’s best interests.\n(sec.89-ssec.1) As soon as practicable after the administrator of the person’s treating health service becomes aware this part applies to the person, the administrator must— tell the person a request may be made under this part for a psychiatrist report about the person in relation to the charge of the serious offence; and explain to the person the effect of a request if made.\n(sec.89-ssec.2) If the person is a minor, the administrator must also explain the effect of a request to 1 or more of the minor’s parents.\n(sec.89-ssec.3) Subsection (2) does not apply if explaining the effect to 1 or more of the minor’s parents does not appear to be in the minor’s best interests.\n- (a) tell the person a request may be made under this part for a psychiatrist report about the person in relation to the charge of the serious offence; and\n- (b) explain to the person the effect of a request if made.","sortOrder":108},{"sectionNumber":"sec.90","sectionType":"section","heading":"Request for psychiatrist report","content":"### sec.90 Request for psychiatrist report\n\nThe following persons may ask the chief psychiatrist for a psychiatrist report about the person in relation to the charge of the serious offence—\nthe person;\nthe person’s nominated support person, if the nominated support person believes the request is in the person’s best interests;\na personal guardian authorised to make decisions for the person under the Guardianship and Administration Act 2000 , if the request is within the guardian’s authority;\nan attorney authorised to make decisions for personal matters for the person under the Powers of Attorney Act 1998 , if the request is within the attorney’s authority;\na parent of the person, if the person is a minor;\nthe person’s lawyer, if the person has given instructions to the lawyer to make the request.\n- (a) the person;\n- (b) the person’s nominated support person, if the nominated support person believes the request is in the person’s best interests;\n- (c) a personal guardian authorised to make decisions for the person under the Guardianship and Administration Act 2000 , if the request is within the guardian’s authority;\n- (d) an attorney authorised to make decisions for personal matters for the person under the Powers of Attorney Act 1998 , if the request is within the attorney’s authority;\n- (e) a parent of the person, if the person is a minor;\n- (f) the person’s lawyer, if the person has given instructions to the lawyer to make the request.","sortOrder":109},{"sectionNumber":"sec.91","sectionType":"section","heading":"Direction to prepare psychiatrist report","content":"### sec.91 Direction to prepare psychiatrist report\n\nWithin 7 days after receiving a request under section 90 , the chief psychiatrist must direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence.\nHowever, the chief psychiatrist may decide not to give the direction if a direction to prepare a psychiatrist report about the person in relation to the serious offence has been previously revoked under section 98 .\nThe direction may include a direction for the report to be prepared about the person also in relation to an associated offence.\nIf the chief psychiatrist does not give a direction under subsection (1) , the chief psychiatrist must give the person making the request a written statement explaining the reasons for not giving the direction.\n(sec.91-ssec.1) Within 7 days after receiving a request under section 90 , the chief psychiatrist must direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence.\n(sec.91-ssec.2) However, the chief psychiatrist may decide not to give the direction if a direction to prepare a psychiatrist report about the person in relation to the serious offence has been previously revoked under section 98 .\n(sec.91-ssec.3) The direction may include a direction for the report to be prepared about the person also in relation to an associated offence.\n(sec.91-ssec.4) If the chief psychiatrist does not give a direction under subsection (1) , the chief psychiatrist must give the person making the request a written statement explaining the reasons for not giving the direction.","sortOrder":110},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Psychiatrist report on chief psychiatrist’s own initiative","content":"# Psychiatrist report on chief psychiatrist’s own initiative","sortOrder":111},{"sectionNumber":"sec.92","sectionType":"section","heading":"Application of pt 3","content":"### sec.92 Application of pt 3\n\nThis part applies to a person charged with a serious offence, other than an offence against a law of the Commonwealth.","sortOrder":112},{"sectionNumber":"sec.93","sectionType":"section","heading":"Direction to prepare psychiatrist report","content":"### sec.93 Direction to prepare psychiatrist report\n\nThe chief psychiatrist may, on the chief psychiatrist’s own initiative—\ndirect the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence; or\ndirect an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence.\nThe chief psychiatrist may give the direction only if satisfied—\nthe person may have a mental condition; and\nthe person—\nmay have been of unsound mind when the serious offence was allegedly committed; or\nmay be unfit for trial; and\nthe preparation of the psychiatrist report is in the public interest.\nThe direction may include a direction for the report to be prepared about the person also in relation to an associated offence.\n(sec.93-ssec.1) The chief psychiatrist may, on the chief psychiatrist’s own initiative— direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence; or direct an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence.\n(sec.93-ssec.2) The chief psychiatrist may give the direction only if satisfied— the person may have a mental condition; and the person— may have been of unsound mind when the serious offence was allegedly committed; or may be unfit for trial; and the preparation of the psychiatrist report is in the public interest.\n(sec.93-ssec.3) The direction may include a direction for the report to be prepared about the person also in relation to an associated offence.\n- (a) direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence; or\n- (b) direct an authorised psychiatrist to prepare a psychiatrist report about the person in relation to the charge of the serious offence.\n- (a) the person may have a mental condition; and\n- (b) the person— (i) may have been of unsound mind when the serious offence was allegedly committed; or (ii) may be unfit for trial; and\n- (i) may have been of unsound mind when the serious offence was allegedly committed; or\n- (ii) may be unfit for trial; and\n- (c) the preparation of the psychiatrist report is in the public interest.\n- (i) may have been of unsound mind when the serious offence was allegedly committed; or\n- (ii) may be unfit for trial; and","sortOrder":113},{"sectionNumber":"sec.94","sectionType":"section","heading":"Notice of direction","content":"### sec.94 Notice of direction\n\nAs soon as practicable after giving the direction, the chief psychiatrist must give the following persons written notice of the direction—\nthe person;\nif an authorised mental health service is responsible for the person—the administrator of the service.\nA notice given to a person under subsection (1) (a) must include information about a support person accompanying the person for the examination under section 97 .\n(sec.94-ssec.1) As soon as practicable after giving the direction, the chief psychiatrist must give the following persons written notice of the direction— the person; if an authorised mental health service is responsible for the person—the administrator of the service.\n(sec.94-ssec.2) A notice given to a person under subsection (1) (a) must include information about a support person accompanying the person for the examination under section 97 .\n- (a) the person;\n- (b) if an authorised mental health service is responsible for the person—the administrator of the service.","sortOrder":114},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Preparation of psychiatrist reports","content":"# Preparation of psychiatrist reports","sortOrder":115},{"sectionNumber":"sec.95","sectionType":"section","heading":"Authorised psychiatrist must prepare psychiatrist report","content":"### sec.95 Authorised psychiatrist must prepare psychiatrist report\n\nAn authorised psychiatrist who is required under section 91 (1) or 93 (1) (a) , or directed under section 93 (1) (b) , to prepare a psychiatrist report about a person in relation to a charge of a serious offence must prepare the report within 60 days after the requirement is made or the direction given.\nThe chief psychiatrist may extend the period mentioned in subsection (1) to not more than 90 days after the requirement is made or the direction given.\nIn preparing the psychiatrist report, the authorised psychiatrist must—\nexamine the person; and\nobtain and consider health records for the person relevant to the examination of the person; and\nconsider any information obtained under section 96 .\nAlso, the authorised psychiatrist may obtain and consider any other information the authorised psychiatrist considers relevant to preparing the psychiatrist report.\nThe psychiatrist report must include information about the following—\nthe person’s mental state and, to the extent practicable, the person’s mental state when the serious offence was allegedly committed;\nwhether the authorised psychiatrist considers the person was of unsound mind when the serious offence was allegedly committed;\nwhether the authorised psychiatrist considers the person is fit for trial;\nif the authorised psychiatrist considers the person is unfit for trial—whether the authorised psychiatrist considers the unfitness for trial is permanent.\nAlso, the psychiatrist report may include information about the matters mentioned in subsection (5) in relation to an associated offence.\nThe authorised psychiatrist must give the chief psychiatrist a copy of the report as soon as practicable after it is prepared.\n(sec.95-ssec.1) An authorised psychiatrist who is required under section 91 (1) or 93 (1) (a) , or directed under section 93 (1) (b) , to prepare a psychiatrist report about a person in relation to a charge of a serious offence must prepare the report within 60 days after the requirement is made or the direction given.\n(sec.95-ssec.2) The chief psychiatrist may extend the period mentioned in subsection (1) to not more than 90 days after the requirement is made or the direction given.\n(sec.95-ssec.3) In preparing the psychiatrist report, the authorised psychiatrist must— examine the person; and obtain and consider health records for the person relevant to the examination of the person; and consider any information obtained under section 96 .\n(sec.95-ssec.4) Also, the authorised psychiatrist may obtain and consider any other information the authorised psychiatrist considers relevant to preparing the psychiatrist report.\n(sec.95-ssec.5) The psychiatrist report must include information about the following— the person’s mental state and, to the extent practicable, the person’s mental state when the serious offence was allegedly committed; whether the authorised psychiatrist considers the person was of unsound mind when the serious offence was allegedly committed; whether the authorised psychiatrist considers the person is fit for trial; if the authorised psychiatrist considers the person is unfit for trial—whether the authorised psychiatrist considers the unfitness for trial is permanent.\n(sec.95-ssec.6) Also, the psychiatrist report may include information about the matters mentioned in subsection (5) in relation to an associated offence.\n(sec.95-ssec.7) The authorised psychiatrist must give the chief psychiatrist a copy of the report as soon as practicable after it is prepared.\n- (a) examine the person; and\n- (b) obtain and consider health records for the person relevant to the examination of the person; and\n- (c) consider any information obtained under section 96 .\n- (a) the person’s mental state and, to the extent practicable, the person’s mental state when the serious offence was allegedly committed;\n- (b) whether the authorised psychiatrist considers the person was of unsound mind when the serious offence was allegedly committed;\n- (c) whether the authorised psychiatrist considers the person is fit for trial;\n- (d) if the authorised psychiatrist considers the person is unfit for trial—whether the authorised psychiatrist considers the unfitness for trial is permanent.","sortOrder":116},{"sectionNumber":"sec.96","sectionType":"section","heading":"Information from prosecuting authority","content":"### sec.96 Information from prosecuting authority\n\nThis section applies if—\nan administrator of an authorised mental health service is directed under section 91 (1) or 93 (1) (a) to arrange for the preparation of a psychiatrist report about a person in relation to a charge of a serious offence; or\nan authorised psychiatrist is required under section 91 (1) or 93 (1) (a) , or directed under section 93 (1) (b) , to prepare a psychiatrist report about a person in relation to a charge of a serious offence.\nThe administrator, authorised psychiatrist or chief psychiatrist may ask the prosecuting authority for the serious offence or associated offence to which the report relates to give the administrator or authorised psychiatrist copies of the documents mentioned in schedule 3 , definition brief of evidence , paragraph (a) relating to the offence.\nThe prosecuting authority must comply with the request as soon as practicable.\nSubsection (2) does not apply to information contained in a document if the prosecuting authority considers—\ngiving the information could reasonably be expected to—\nprejudice the investigation of a contravention or possible contravention of a law in a particular case; or\nprejudice an investigation under the Coroners Act 2003 ; or\nenable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\nendanger a person’s life, health or safety; or\nprejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and\nit would not be in the public interest to give the information.\nAlso, subsection (2) does not apply to information, contained in a document—\nthat is sensitive evidence under the Criminal Code , section 590AF ; or\nthat the prosecution would be prevented under another Act or law from giving to the accused person or a lawyer acting for the accused person during a proceeding for the offence; or\nidentifying witnesses to the alleged commission of the offence; or\nconsisting of contact details for witnesses to the alleged commission of the offence.\nThe duty imposed on the prosecuting authority to comply with the request applies only to documents in the possession of the prosecuting authority or to which the prosecuting authority has access.\nIn complying with the request, the prosecuting authority may delete from a copy of a document given to the administrator, authorised psychiatrist or chief psychiatrist any information mentioned in subsection (4) or (5) .\nIf a document includes the name of a witness to the alleged commission of the offence, or information from which the witness could be identified, the prosecuting authority may delete the name or information from a copy of the document given to the administrator, authorised psychiatrist or chief psychiatrist.\ns 96 amd 2017 No. 3 s 9\n(sec.96-ssec.1) This section applies if— an administrator of an authorised mental health service is directed under section 91 (1) or 93 (1) (a) to arrange for the preparation of a psychiatrist report about a person in relation to a charge of a serious offence; or an authorised psychiatrist is required under section 91 (1) or 93 (1) (a) , or directed under section 93 (1) (b) , to prepare a psychiatrist report about a person in relation to a charge of a serious offence.\n(sec.96-ssec.2) The administrator, authorised psychiatrist or chief psychiatrist may ask the prosecuting authority for the serious offence or associated offence to which the report relates to give the administrator or authorised psychiatrist copies of the documents mentioned in schedule 3 , definition brief of evidence , paragraph (a) relating to the offence.\n(sec.96-ssec.3) The prosecuting authority must comply with the request as soon as practicable.\n(sec.96-ssec.4) Subsection (2) does not apply to information contained in a document if the prosecuting authority considers— giving the information could reasonably be expected to— prejudice the investigation of a contravention or possible contravention of a law in a particular case; or prejudice an investigation under the Coroners Act 2003 ; or enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or endanger a person’s life, health or safety; or prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and it would not be in the public interest to give the information.\n(sec.96-ssec.5) Also, subsection (2) does not apply to information, contained in a document— that is sensitive evidence under the Criminal Code , section 590AF ; or that the prosecution would be prevented under another Act or law from giving to the accused person or a lawyer acting for the accused person during a proceeding for the offence; or identifying witnesses to the alleged commission of the offence; or consisting of contact details for witnesses to the alleged commission of the offence.\n(sec.96-ssec.6) The duty imposed on the prosecuting authority to comply with the request applies only to documents in the possession of the prosecuting authority or to which the prosecuting authority has access.\n(sec.96-ssec.7) In complying with the request, the prosecuting authority may delete from a copy of a document given to the administrator, authorised psychiatrist or chief psychiatrist any information mentioned in subsection (4) or (5) . If a document includes the name of a witness to the alleged commission of the offence, or information from which the witness could be identified, the prosecuting authority may delete the name or information from a copy of the document given to the administrator, authorised psychiatrist or chief psychiatrist. s 96 amd 2017 No. 3 s 9\n- (a) an administrator of an authorised mental health service is directed under section 91 (1) or 93 (1) (a) to arrange for the preparation of a psychiatrist report about a person in relation to a charge of a serious offence; or\n- (b) an authorised psychiatrist is required under section 91 (1) or 93 (1) (a) , or directed under section 93 (1) (b) , to prepare a psychiatrist report about a person in relation to a charge of a serious offence.\n- (a) giving the information could reasonably be expected to— (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or (ii) prejudice an investigation under the Coroners Act 2003 ; or (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or (iv) endanger a person’s life, health or safety; or (v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and\n- (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or\n- (ii) prejudice an investigation under the Coroners Act 2003 ; or\n- (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\n- (iv) endanger a person’s life, health or safety; or\n- (v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and\n- (b) it would not be in the public interest to give the information.\n- (i) prejudice the investigation of a contravention or possible contravention of a law in a particular case; or\n- (ii) prejudice an investigation under the Coroners Act 2003 ; or\n- (iii) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of a law, to be ascertained; or\n- (iv) endanger a person’s life, health or safety; or\n- (v) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of a law; and\n- (a) that is sensitive evidence under the Criminal Code , section 590AF ; or\n- (b) that the prosecution would be prevented under another Act or law from giving to the accused person or a lawyer acting for the accused person during a proceeding for the offence; or\n- (c) identifying witnesses to the alleged commission of the offence; or\n- (d) consisting of contact details for witnesses to the alleged commission of the offence.","sortOrder":117},{"sectionNumber":"sec.97","sectionType":"section","heading":"Support person","content":"### sec.97 Support person\n\nA person being examined for a psychiatrist report may be accompanied by a support person, including, for example, a nominated support person, lawyer or personal guardian.\nA support person must not interfere with the examination.\n(sec.97-ssec.1) A person being examined for a psychiatrist report may be accompanied by a support person, including, for example, a nominated support person, lawyer or personal guardian.\n(sec.97-ssec.2) A support person must not interfere with the examination.","sortOrder":118},{"sectionNumber":"sec.98","sectionType":"section","heading":"Person must participate in examination in good faith—report on request","content":"### sec.98 Person must participate in examination in good faith—report on request\n\nIf a psychiatrist report about a person is being prepared on a request under section 90 , the person and any support person must participate in an examination for the psychiatrist report in good faith.\nattending appointments in relation to the examination\nanswering questions during the examination\nallowing access to the person’s health records\nIf the authorised psychiatrist preparing the psychiatrist report is satisfied the person or support person is not participating in the examination in good faith, the authorised psychiatrist must give the administrator of the authorised mental health service who appointed the psychiatrist written notice of the psychiatrist’s belief.\nIf the administrator receives a notice under subsection (2) , the administrator may decide to revoke the direction to prepare the psychiatrist report.\nHowever, before revoking the direction, the administrator must—\ngive the person the subject of the examination a written notice (a show cause notice ) stating the following—\nthat the administrator proposes to revoke the direction to prepare the psychiatrist report (the proposed action );\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nthat the person may make submissions about the show cause notice to the administrator;\na day and time within which submissions must be made; and\nconsider any submissions given in response to the show cause notice.\nIf the administrator revokes the direction, the administrator must give the following persons written notice of the revocation—\nthe person the subject of the examination;\nthe person who made the request under section 90 ;\nthe chief psychiatrist.\n(sec.98-ssec.1) If a psychiatrist report about a person is being prepared on a request under section 90 , the person and any support person must participate in an examination for the psychiatrist report in good faith. attending appointments in relation to the examination answering questions during the examination allowing access to the person’s health records\n(sec.98-ssec.2) If the authorised psychiatrist preparing the psychiatrist report is satisfied the person or support person is not participating in the examination in good faith, the authorised psychiatrist must give the administrator of the authorised mental health service who appointed the psychiatrist written notice of the psychiatrist’s belief.\n(sec.98-ssec.3) If the administrator receives a notice under subsection (2) , the administrator may decide to revoke the direction to prepare the psychiatrist report.\n(sec.98-ssec.4) However, before revoking the direction, the administrator must— give the person the subject of the examination a written notice (a show cause notice ) stating the following— that the administrator proposes to revoke the direction to prepare the psychiatrist report (the proposed action ); the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; that the person may make submissions about the show cause notice to the administrator; a day and time within which submissions must be made; and consider any submissions given in response to the show cause notice.\n(sec.98-ssec.5) If the administrator revokes the direction, the administrator must give the following persons written notice of the revocation— the person the subject of the examination; the person who made the request under section 90 ; the chief psychiatrist.\n- • attending appointments in relation to the examination\n- • answering questions during the examination\n- • allowing access to the person’s health records\n- (a) give the person the subject of the examination a written notice (a show cause notice ) stating the following— (i) that the administrator proposes to revoke the direction to prepare the psychiatrist report (the proposed action ); (ii) the grounds for the proposed action; (iii) the facts and circumstances forming the basis for the grounds; (iv) that the person may make submissions about the show cause notice to the administrator; (v) a day and time within which submissions must be made; and\n- (i) that the administrator proposes to revoke the direction to prepare the psychiatrist report (the proposed action );\n- (ii) the grounds for the proposed action;\n- (iii) the facts and circumstances forming the basis for the grounds;\n- (iv) that the person may make submissions about the show cause notice to the administrator;\n- (v) a day and time within which submissions must be made; and\n- (b) consider any submissions given in response to the show cause notice.\n- (i) that the administrator proposes to revoke the direction to prepare the psychiatrist report (the proposed action );\n- (ii) the grounds for the proposed action;\n- (iii) the facts and circumstances forming the basis for the grounds;\n- (iv) that the person may make submissions about the show cause notice to the administrator;\n- (v) a day and time within which submissions must be made; and\n- (a) the person the subject of the examination;\n- (b) the person who made the request under section 90 ;\n- (c) the chief psychiatrist.","sortOrder":119},{"sectionNumber":"sec.99","sectionType":"section","heading":"Person must attend examination—report on chief psychiatrist’s initiative","content":"### sec.99 Person must attend examination—report on chief psychiatrist’s initiative\n\nIf a psychiatrist report about a person is being prepared on the chief psychiatrist’s own initiative under section 93 , the person must attend for an examination.\nIf the person is not an inpatient of an authorised mental health service, the chief psychiatrist must give the person a written notice directing the person to attend at a stated authorised mental health service within a stated period, of not more than 28 days, after the notice is given.\nSee chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under subsection (2) .\n(sec.99-ssec.1) If a psychiatrist report about a person is being prepared on the chief psychiatrist’s own initiative under section 93 , the person must attend for an examination.\n(sec.99-ssec.2) If the person is not an inpatient of an authorised mental health service, the chief psychiatrist must give the person a written notice directing the person to attend at a stated authorised mental health service within a stated period, of not more than 28 days, after the notice is given. See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under subsection (2) .","sortOrder":120},{"sectionNumber":"sec.100","sectionType":"section","heading":"Second psychiatrist report","content":"### sec.100 Second psychiatrist report\n\nThis section applies if the chief psychiatrist considers the matters in a psychiatrist report about a person in relation to a charge of a serious offence (the first psychiatrist report ) require further examination, including, for example, because of the complexity of the matters in the report.\nThe chief psychiatrist may—\ndirect the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare another psychiatrist report (a second psychiatrist report ) about the person in relation to the charge of the serious offence; or\ndirect an authorised psychiatrist to prepare a psychiatrist report (also a second psychiatrist report ) about the person in relation to the charge of the serious offence.\nThe direction to prepare the second psychiatrist report must be given within 7 days after the chief psychiatrist receives the first psychiatrist report.\nThe direction to prepare the second psychiatrist report may include a direction for the second psychiatrist report to be prepared about the person also in relation to an associated offence.\nSections 95 to 99 apply to the second psychiatrist report as if a reference in the sections to a psychiatrist report were a reference to the second psychiatrist report.\n(sec.100-ssec.1) This section applies if the chief psychiatrist considers the matters in a psychiatrist report about a person in relation to a charge of a serious offence (the first psychiatrist report ) require further examination, including, for example, because of the complexity of the matters in the report.\n(sec.100-ssec.2) The chief psychiatrist may— direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare another psychiatrist report (a second psychiatrist report ) about the person in relation to the charge of the serious offence; or direct an authorised psychiatrist to prepare a psychiatrist report (also a second psychiatrist report ) about the person in relation to the charge of the serious offence.\n(sec.100-ssec.3) The direction to prepare the second psychiatrist report must be given within 7 days after the chief psychiatrist receives the first psychiatrist report.\n(sec.100-ssec.4) The direction to prepare the second psychiatrist report may include a direction for the second psychiatrist report to be prepared about the person also in relation to an associated offence.\n(sec.100-ssec.5) Sections 95 to 99 apply to the second psychiatrist report as if a reference in the sections to a psychiatrist report were a reference to the second psychiatrist report.\n- (a) direct the administrator of the person’s treating health service to arrange for an authorised psychiatrist to prepare another psychiatrist report (a second psychiatrist report ) about the person in relation to the charge of the serious offence; or\n- (b) direct an authorised psychiatrist to prepare a psychiatrist report (also a second psychiatrist report ) about the person in relation to the charge of the serious offence.","sortOrder":121},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"References by chief psychiatrist","content":"# References by chief psychiatrist","sortOrder":122},{"sectionNumber":"sec.101","sectionType":"section","heading":"Reference by chief psychiatrist to Mental Health Court","content":"### sec.101 Reference by chief psychiatrist to Mental Health Court\n\nThis section applies if—\na psychiatrist report, or second psychiatrist report, about a person in relation to a charge of a serious offence has been prepared; and\nthe chief psychiatrist is satisfied—\nthe person may have been of unsound mind when the serious offence was allegedly committed or may be unfit for trial; and\nhaving regard to the report and the protection of the community, there is a compelling reason in the public interest for the person’s mental state in relation to the serious offence to be referred to the Mental Health Court; and\nthe person’s mental state in relation to the serious offence has not been referred to the Mental Health Court under section 110 .\nThe chief psychiatrist may, in the way set out in section 111 , refer the matter of the person’s mental state in relation to the serious offence to the Mental Health Court.\nThe reference must be made—\nfor a psychiatrist report prepared on a request under section 90 and if a second psychiatrist report is not directed under section 100 —within 28 days after a copy of the psychiatrist report is given to a person under section 102 (1) or (2) ; or\nfor a psychiatrist report prepared on the chief psychiatrist’s own initiative under section 93 and if a second psychiatrist report is not directed under section 100 —within 28 days after the chief psychiatrist receives a copy of the psychiatrist report; or\nif a second psychiatrist report is prepared under section 100 —within 28 days after the chief psychiatrist receives a copy of the second psychiatrist report.\nThe reference may include a reference of the person’s mental state in relation to an associated offence.\nThe chief psychiatrist may, within the period mentioned in subsection (3) , extend the period to not more than 4 months after the period would otherwise end if the chief psychiatrist considers the person is unfit for trial but may be fit for trial within the extended period.\ns 101 amd 2017 No. 3 s 10\n(sec.101-ssec.1) This section applies if— a psychiatrist report, or second psychiatrist report, about a person in relation to a charge of a serious offence has been prepared; and the chief psychiatrist is satisfied— the person may have been of unsound mind when the serious offence was allegedly committed or may be unfit for trial; and having regard to the report and the protection of the community, there is a compelling reason in the public interest for the person’s mental state in relation to the serious offence to be referred to the Mental Health Court; and the person’s mental state in relation to the serious offence has not been referred to the Mental Health Court under section 110 .\n(sec.101-ssec.2) The chief psychiatrist may, in the way set out in section 111 , refer the matter of the person’s mental state in relation to the serious offence to the Mental Health Court.\n(sec.101-ssec.3) The reference must be made— for a psychiatrist report prepared on a request under section 90 and if a second psychiatrist report is not directed under section 100 —within 28 days after a copy of the psychiatrist report is given to a person under section 102 (1) or (2) ; or for a psychiatrist report prepared on the chief psychiatrist’s own initiative under section 93 and if a second psychiatrist report is not directed under section 100 —within 28 days after the chief psychiatrist receives a copy of the psychiatrist report; or if a second psychiatrist report is prepared under section 100 —within 28 days after the chief psychiatrist receives a copy of the second psychiatrist report.\n(sec.101-ssec.4) The reference may include a reference of the person’s mental state in relation to an associated offence.\n(sec.101-ssec.5) The chief psychiatrist may, within the period mentioned in subsection (3) , extend the period to not more than 4 months after the period would otherwise end if the chief psychiatrist considers the person is unfit for trial but may be fit for trial within the extended period.\n- (a) a psychiatrist report, or second psychiatrist report, about a person in relation to a charge of a serious offence has been prepared; and\n- (b) the chief psychiatrist is satisfied— (i) the person may have been of unsound mind when the serious offence was allegedly committed or may be unfit for trial; and (ii) having regard to the report and the protection of the community, there is a compelling reason in the public interest for the person’s mental state in relation to the serious offence to be referred to the Mental Health Court; and\n- (i) the person may have been of unsound mind when the serious offence was allegedly committed or may be unfit for trial; and\n- (ii) having regard to the report and the protection of the community, there is a compelling reason in the public interest for the person’s mental state in relation to the serious offence to be referred to the Mental Health Court; and\n- (c) the person’s mental state in relation to the serious offence has not been referred to the Mental Health Court under section 110 .\n- (i) the person may have been of unsound mind when the serious offence was allegedly committed or may be unfit for trial; and\n- (ii) having regard to the report and the protection of the community, there is a compelling reason in the public interest for the person’s mental state in relation to the serious offence to be referred to the Mental Health Court; and\n- (a) for a psychiatrist report prepared on a request under section 90 and if a second psychiatrist report is not directed under section 100 —within 28 days after a copy of the psychiatrist report is given to a person under section 102 (1) or (2) ; or\n- (b) for a psychiatrist report prepared on the chief psychiatrist’s own initiative under section 93 and if a second psychiatrist report is not directed under section 100 —within 28 days after the chief psychiatrist receives a copy of the psychiatrist report; or\n- (c) if a second psychiatrist report is prepared under section 100 —within 28 days after the chief psychiatrist receives a copy of the second psychiatrist report.","sortOrder":123},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":124},{"sectionNumber":"sec.102","sectionType":"section","heading":"Copies of reports","content":"### sec.102 Copies of reports\n\nThe chief psychiatrist must give a copy of a psychiatrist report, or second psychiatrist report, about a person in relation to a charge of a serious offence to—\nthe person; and\nthe administrator of the person’s treating health service; and\nfor a psychiatrist report prepared on a request under section 90 (the first psychiatrist report ) or a second psychiatrist report relating to the first psychiatrist report—the person who made the request.\nHowever, for subsection (1) (a) or (c) , if the chief psychiatrist is satisfied that giving a copy of a psychiatrist report, or second psychiatrist report, to the person the subject of the report may adversely affect the person’s health and wellbeing, the chief psychiatrist may instead give a copy of the report to another person who the chief psychiatrist considers has a sufficient interest in the person’s health and wellbeing.\nthe person’s nominated support person, a lawyer acting for the person, or the person’s personal guardian\nA psychiatrist report must be given under subsection (1) —\nif a second psychiatrist report is not directed—within 7 days after receiving the psychiatrist report; or\nif a second psychiatrist report is directed—within 7 days after receiving the second psychiatrist report.\nA second psychiatrist report must be given under subsection (1) within 7 days after receiving the second psychiatrist report.\nThe administrator of the person’s treating health service must include the copy of the psychiatrist report, or second psychiatrist report, in the person’s health records.\nIf the matter of the person’s mental state relating to the serious offence is referred to the Mental Health Court, the chief psychiatrist must give a copy of a psychiatrist report, or second psychiatrist report, about the person to the Mental Health Court.\nSubject to subsections (2) and (6) , the chief psychiatrist must not give a copy of a psychiatrist report, or second psychiatrist report, to anyone else without the consent of—\nthe person the subject of the report; or\nthe personal guardian or attorney of the person the subject of the report, if giving the consent is within the guardian’s or attorney’s authority.\ns 102 amd 2017 No. 3 s 11\n(sec.102-ssec.1) The chief psychiatrist must give a copy of a psychiatrist report, or second psychiatrist report, about a person in relation to a charge of a serious offence to— the person; and the administrator of the person’s treating health service; and for a psychiatrist report prepared on a request under section 90 (the first psychiatrist report ) or a second psychiatrist report relating to the first psychiatrist report—the person who made the request.\n(sec.102-ssec.2) However, for subsection (1) (a) or (c) , if the chief psychiatrist is satisfied that giving a copy of a psychiatrist report, or second psychiatrist report, to the person the subject of the report may adversely affect the person’s health and wellbeing, the chief psychiatrist may instead give a copy of the report to another person who the chief psychiatrist considers has a sufficient interest in the person’s health and wellbeing. the person’s nominated support person, a lawyer acting for the person, or the person’s personal guardian\n(sec.102-ssec.3) A psychiatrist report must be given under subsection (1) — if a second psychiatrist report is not directed—within 7 days after receiving the psychiatrist report; or if a second psychiatrist report is directed—within 7 days after receiving the second psychiatrist report.\n(sec.102-ssec.4) A second psychiatrist report must be given under subsection (1) within 7 days after receiving the second psychiatrist report.\n(sec.102-ssec.5) The administrator of the person’s treating health service must include the copy of the psychiatrist report, or second psychiatrist report, in the person’s health records.\n(sec.102-ssec.6) If the matter of the person’s mental state relating to the serious offence is referred to the Mental Health Court, the chief psychiatrist must give a copy of a psychiatrist report, or second psychiatrist report, about the person to the Mental Health Court.\n(sec.102-ssec.7) Subject to subsections (2) and (6) , the chief psychiatrist must not give a copy of a psychiatrist report, or second psychiatrist report, to anyone else without the consent of— the person the subject of the report; or the personal guardian or attorney of the person the subject of the report, if giving the consent is within the guardian’s or attorney’s authority. s 102 amd 2017 No. 3 s 11\n- (a) the person; and\n- (b) the administrator of the person’s treating health service; and\n- (c) for a psychiatrist report prepared on a request under section 90 (the first psychiatrist report ) or a second psychiatrist report relating to the first psychiatrist report—the person who made the request.\n- (a) if a second psychiatrist report is not directed—within 7 days after receiving the psychiatrist report; or\n- (b) if a second psychiatrist report is directed—within 7 days after receiving the second psychiatrist report.\n- (a) the person the subject of the report; or\n- (b) the personal guardian or attorney of the person the subject of the report, if giving the consent is within the guardian’s or attorney’s authority.","sortOrder":125},{"sectionNumber":"sec.103","sectionType":"section","heading":"Chapter stops applying to person if prosecution for offence discontinued","content":"### sec.103 Chapter stops applying to person if prosecution for offence discontinued\n\nIf action is taken under this chapter in relation to a person charged with a serious offence or associated offence and the prosecution of the person for the offence is discontinued, this chapter stops applying to the person in relation to the offence.","sortOrder":126},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of chapter to person with intellectual disability","content":"### sec.104 Application of chapter to person with intellectual disability\n\nIf a person has, or may have, an intellectual disability, without limiting the application of this chapter to the person, the chapter also applies to the person as if—\na reference to an authorised mental health service were a reference to the forensic disability service; and\na reference to the chief psychiatrist were a reference to the director of forensic disability; and\na reference to a psychiatrist report, or second psychiatrist report, were a reference to a report prepared by a senior practitioner appointed under the Forensic Disability Act after an assessment of the person; and\na reference to the administrator of a person’s treating health service were a reference to the administrator of the forensic disability service; and\na reference to an authorised psychiatrist were a reference to a senior practitioner under the Forensic Disability Act ; and\na reference in section 93 (2) (a) to the chief psychiatrist being satisfied that a person may have a mental condition were a reference to the director of forensic disability being satisfied that a person may have an intellectual disability; and\na reference in section 99 (2) to an inpatient of an authorised mental health service were a reference to a forensic disability client who is subject to a forensic order (disability) that has a category of inpatient.\n- (a) a reference to an authorised mental health service were a reference to the forensic disability service; and\n- (b) a reference to the chief psychiatrist were a reference to the director of forensic disability; and\n- (c) a reference to a psychiatrist report, or second psychiatrist report, were a reference to a report prepared by a senior practitioner appointed under the Forensic Disability Act after an assessment of the person; and\n- (d) a reference to the administrator of a person’s treating health service were a reference to the administrator of the forensic disability service; and\n- (e) a reference to an authorised psychiatrist were a reference to a senior practitioner under the Forensic Disability Act ; and\n- (f) a reference in section 93 (2) (a) to the chief psychiatrist being satisfied that a person may have a mental condition were a reference to the director of forensic disability being satisfied that a person may have an intellectual disability; and\n- (g) a reference in section 99 (2) to an inpatient of an authorised mental health service were a reference to a forensic disability client who is subject to a forensic order (disability) that has a category of inpatient.","sortOrder":127},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":128},{"sectionNumber":"sec.105","sectionType":"section","heading":"Purpose of ch 5","content":"### sec.105 Purpose of ch 5\n\nThe purpose of this chapter is to provide for—\nthe making of references to the Mental Health Court in relation to the mental state of persons charged with serious offences; and\nthe hearing of references—\nmade under chapter 4 , or this chapter, in relation to persons charged with serious offences; or\nmade under chapter 6 in relation to persons charged with indictable offences; and\nthe decisions the court may make on a reference, including the making of a forensic order or treatment support order; and\nthe admissibility and use of evidence, victim impact statements and other matters.\n- (a) the making of references to the Mental Health Court in relation to the mental state of persons charged with serious offences; and\n- (b) the hearing of references— (i) made under chapter 4 , or this chapter, in relation to persons charged with serious offences; or (ii) made under chapter 6 in relation to persons charged with indictable offences; and\n- (i) made under chapter 4 , or this chapter, in relation to persons charged with serious offences; or\n- (ii) made under chapter 6 in relation to persons charged with indictable offences; and\n- (c) the decisions the court may make on a reference, including the making of a forensic order or treatment support order; and\n- (d) the admissibility and use of evidence, victim impact statements and other matters.\n- (i) made under chapter 4 , or this chapter, in relation to persons charged with serious offences; or\n- (ii) made under chapter 6 in relation to persons charged with indictable offences; and","sortOrder":129},{"sectionNumber":"sec.106","sectionType":"section","heading":"Definitions for ch 5","content":"### sec.106 Definitions for ch 5\n\nIn this chapter—\nassociated offence see section 107 .\ndiminished responsibility see section 108 .\noffence , in relation to a reference, means each alleged offence mentioned in the notice of the reference filed under section 111 , 176 or 184 .\nreference , in relation to a person, means a reference to the Mental Health Court, made under section 101 , 110 , 175 or 183 , of the person’s mental state relating to an offence the person is alleged to have committed.\nunsound mind see section 109 .\n(sec.106-ssec) In this chapter— associated offence see section 107 . diminished responsibility see section 108 . offence , in relation to a reference, means each alleged offence mentioned in the notice of the reference filed under section 111 , 176 or 184 . reference , in relation to a person, means a reference to the Mental Health Court, made under section 101 , 110 , 175 or 183 , of the person’s mental state relating to an offence the person is alleged to have committed. unsound mind see section 109 .","sortOrder":130},{"sectionNumber":"sec.107","sectionType":"section","heading":"Meaning of associated offence","content":"### sec.107 Meaning of associated offence\n\nAn associated offence , in relation to an indictable offence with which a person is charged, means an offence, other than an offence against a law of the Commonwealth, that the person is alleged to have committed at or about the same time as the indictable offence.","sortOrder":131},{"sectionNumber":"sec.108","sectionType":"section","heading":"Meaning of diminished responsibility","content":"### sec.108 Meaning of diminished responsibility\n\nA person is of diminished responsibility if the person has a state of abnormality of mind described in the Criminal Code , section 304A (1) .","sortOrder":132},{"sectionNumber":"sec.109","sectionType":"section","heading":"Meaning of unsound mind","content":"### sec.109 Meaning of unsound mind\n\nUnsound mind means—\na state of mental disease or natural mental infirmity described in the Criminal Code , section 27 (1) ; or\na state of mind described in the Criminal Code , section 28 (1) for which the Criminal Code , section 27 (1) applies to a person.\nHowever, unsound mind does not include a state of mind resulting, to any extent, from intentional intoxication or stupefaction alone or in combination with some other agent at or about the time of the alleged offence.\n(sec.109-ssec.1) Unsound mind means— a state of mental disease or natural mental infirmity described in the Criminal Code , section 27 (1) ; or a state of mind described in the Criminal Code , section 28 (1) for which the Criminal Code , section 27 (1) applies to a person.\n(sec.109-ssec.2) However, unsound mind does not include a state of mind resulting, to any extent, from intentional intoxication or stupefaction alone or in combination with some other agent at or about the time of the alleged offence.\n- (a) a state of mental disease or natural mental infirmity described in the Criminal Code , section 27 (1) ; or\n- (b) a state of mind described in the Criminal Code , section 28 (1) for which the Criminal Code , section 27 (1) applies to a person.","sortOrder":133},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Making of references by particular persons","content":"# Making of references by particular persons","sortOrder":134},{"sectionNumber":"sec.110","sectionType":"section","heading":"When reference may be made","content":"### sec.110 When reference may be made\n\nThis section applies if—\na person is charged with a serious offence, other than an offence against a law of the Commonwealth; and\na relevant person has reasonable cause to believe the person mentioned in paragraph (a) —\nwas of unsound mind when the offence was allegedly committed; or\nis unfit for trial.\nThis section also applies if—\na person is charged with the offence of murder; and\na relevant person has reasonable cause to believe the person mentioned in paragraph (a) was of diminished responsibility when the offence was allegedly committed.\nThe relevant person may, in the way set out in section 111 , refer the matter of the person’s mental state in relation to the serious offence to the Mental Health Court.\nA reference of a person’s mental state in relation to a serious offence may include a reference of the person’s mental state in relation to an associated offence.\nIn this section—\nrelevant person , in relation to a person alleged to have committed an offence, means any of the following—\nthe person;\nthe person’s lawyer;\nthe director of public prosecutions.\nA reference in relation to a person may also be made by the following—\nthe chief psychiatrist or director of forensic disability under section 101\na Magistrates Court under section 175\nthe Supreme Court or District Court under section 183 .\n(sec.110-ssec.1) This section applies if— a person is charged with a serious offence, other than an offence against a law of the Commonwealth; and a relevant person has reasonable cause to believe the person mentioned in paragraph (a) — was of unsound mind when the offence was allegedly committed; or is unfit for trial.\n(sec.110-ssec.2) This section also applies if— a person is charged with the offence of murder; and a relevant person has reasonable cause to believe the person mentioned in paragraph (a) was of diminished responsibility when the offence was allegedly committed.\n(sec.110-ssec.3) The relevant person may, in the way set out in section 111 , refer the matter of the person’s mental state in relation to the serious offence to the Mental Health Court.\n(sec.110-ssec.4) A reference of a person’s mental state in relation to a serious offence may include a reference of the person’s mental state in relation to an associated offence.\n(sec.110-ssec.5) In this section— relevant person , in relation to a person alleged to have committed an offence, means any of the following— the person; the person’s lawyer; the director of public prosecutions. A reference in relation to a person may also be made by the following— the chief psychiatrist or director of forensic disability under section 101 a Magistrates Court under section 175 the Supreme Court or District Court under section 183 .\n- (a) a person is charged with a serious offence, other than an offence against a law of the Commonwealth; and\n- (b) a relevant person has reasonable cause to believe the person mentioned in paragraph (a) — (i) was of unsound mind when the offence was allegedly committed; or (ii) is unfit for trial.\n- (i) was of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial.\n- (i) was of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial.\n- (a) a person is charged with the offence of murder; and\n- (b) a relevant person has reasonable cause to believe the person mentioned in paragraph (a) was of diminished responsibility when the offence was allegedly committed.\n- (a) the person;\n- (b) the person’s lawyer;\n- (c) the director of public prosecutions. Note— A reference in relation to a person may also be made by the following— • the chief psychiatrist or director of forensic disability under section 101 • a Magistrates Court under section 175 • the Supreme Court or District Court under section 183 .\n- • the chief psychiatrist or director of forensic disability under section 101\n- • a Magistrates Court under section 175\n- • the Supreme Court or District Court under section 183 .\n- • the chief psychiatrist or director of forensic disability under section 101\n- • a Magistrates Court under section 175\n- • the Supreme Court or District Court under section 183 .","sortOrder":135},{"sectionNumber":"sec.111","sectionType":"section","heading":"How reference is made","content":"### sec.111 How reference is made\n\nA reference under section 110 in relation to a person is made by filing a notice of the reference in the approved form in the registry.\nThe notice must state each offence in relation to which the person’s mental state is referred.\nThe notice must be accompanied by a copy of any psychiatrist report or other clinical report in relation to the person that is relevant to the reference and in the possession of the person making the reference.\na psychiatrist report prepared under chapter 4\nSubsection (3) applies even if giving the copy of the report would disclose information adverse to the case of the person.\nThe person who made the reference may amend it with the leave of the Mental Health Court.\nincluding another offence in the reference\n(sec.111-ssec.1) A reference under section 110 in relation to a person is made by filing a notice of the reference in the approved form in the registry.\n(sec.111-ssec.2) The notice must state each offence in relation to which the person’s mental state is referred.\n(sec.111-ssec.3) The notice must be accompanied by a copy of any psychiatrist report or other clinical report in relation to the person that is relevant to the reference and in the possession of the person making the reference. a psychiatrist report prepared under chapter 4\n(sec.111-ssec.4) Subsection (3) applies even if giving the copy of the report would disclose information adverse to the case of the person.\n(sec.111-ssec.5) The person who made the reference may amend it with the leave of the Mental Health Court. including another offence in the reference","sortOrder":136},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Proceedings for references","content":"# Proceedings for references","sortOrder":137},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":138},{"sectionNumber":"sec.112","sectionType":"section","heading":"Application of pt 3","content":"### sec.112 Application of pt 3\n\nThis part applies to a reference in relation to a person made under section 101 , 110 , 175 or 183 .","sortOrder":139},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Notice requirements etc.","content":"## Notice requirements etc.","sortOrder":140},{"sectionNumber":"sec.113","sectionType":"section","heading":"Notice of reference","content":"### sec.113 Notice of reference\n\nThe registrar must, as soon as practicable after the reference is made, give each of the following persons written notice of the reference and of the suspension of the proceeding for the offence under chapter 15 , part 2 —\nthe person the subject of the reference or, if known, the person’s lawyer;\nthe director of public prosecutions;\nthe chief psychiatrist;\nthe chief executive (justice);\nthe director of forensic disability;\nif the person the subject of the reference is a minor—the chief executive (youth justice);\nif known, any nominated support person, personal guardian or attorney for the person the subject of the reference.\nThe chief executive (justice) must, as soon as practicable after receiving the notice mentioned in subsection (1) , give both of the following persons written notice of the reference and of the suspension of the proceeding for the offence under chapter 15 , part 2 —\nthe registrar of the court in which the proceeding for the offence has been brought;\nif the prosecuting authority for the offence is not the director of public prosecutions—the prosecuting authority for the offence.\ns 113 amd 2016 No. 58 s 10 sch 1\n(sec.113-ssec.1) The registrar must, as soon as practicable after the reference is made, give each of the following persons written notice of the reference and of the suspension of the proceeding for the offence under chapter 15 , part 2 — the person the subject of the reference or, if known, the person’s lawyer; the director of public prosecutions; the chief psychiatrist; the chief executive (justice); the director of forensic disability; if the person the subject of the reference is a minor—the chief executive (youth justice); if known, any nominated support person, personal guardian or attorney for the person the subject of the reference.\n(sec.113-ssec.2) The chief executive (justice) must, as soon as practicable after receiving the notice mentioned in subsection (1) , give both of the following persons written notice of the reference and of the suspension of the proceeding for the offence under chapter 15 , part 2 — the registrar of the court in which the proceeding for the offence has been brought; if the prosecuting authority for the offence is not the director of public prosecutions—the prosecuting authority for the offence.\n- (a) the person the subject of the reference or, if known, the person’s lawyer;\n- (b) the director of public prosecutions;\n- (c) the chief psychiatrist;\n- (d) the chief executive (justice);\n- (e) the director of forensic disability;\n- (f) if the person the subject of the reference is a minor—the chief executive (youth justice);\n- (g) if known, any nominated support person, personal guardian or attorney for the person the subject of the reference.\n- (a) the registrar of the court in which the proceeding for the offence has been brought;\n- (b) if the prosecuting authority for the offence is not the director of public prosecutions—the prosecuting authority for the offence.","sortOrder":141},{"sectionNumber":"sec.114","sectionType":"section","heading":"Parties to proceeding","content":"### sec.114 Parties to proceeding\n\nThe parties to the proceeding for the reference are—\nthe person the subject of the reference; and\nthe director of public prosecutions; and\nthe chief psychiatrist.\nIf the person has an intellectual disability—\nthe director of forensic disability may elect to be a party to the proceeding; and\nif the director of forensic disability makes an election under paragraph (a) , the chief psychiatrist may elect not to be a party to the proceeding.\nAn election made under subsection (2) by the director of forensic disability or the chief psychiatrist must be made by filing a notice in the registry.\n(sec.114-ssec.1) The parties to the proceeding for the reference are— the person the subject of the reference; and the director of public prosecutions; and the chief psychiatrist.\n(sec.114-ssec.2) If the person has an intellectual disability— the director of forensic disability may elect to be a party to the proceeding; and if the director of forensic disability makes an election under paragraph (a) , the chief psychiatrist may elect not to be a party to the proceeding.\n(sec.114-ssec.3) An election made under subsection (2) by the director of forensic disability or the chief psychiatrist must be made by filing a notice in the registry.\n- (a) the person the subject of the reference; and\n- (b) the director of public prosecutions; and\n- (c) the chief psychiatrist.\n- (a) the director of forensic disability may elect to be a party to the proceeding; and\n- (b) if the director of forensic disability makes an election under paragraph (a) , the chief psychiatrist may elect not to be a party to the proceeding.","sortOrder":142},{"sectionNumber":"sec.115","sectionType":"section","heading":"Notice of hearing","content":"### sec.115 Notice of hearing\n\nThe registrar must give each of the following persons written notice of the hearing of the proceeding for the reference—\neach party to the proceeding;\nif an authorised mental health service is responsible for the person the subject of the reference—the administrator of the service;\nif the forensic disability service is responsible for the person the subject of the reference—the administrator of the service;\nif the person the subject of the reference is in lawful custody—the person’s custodian.\nThe registrar must give the notice at least 7 days before the hearing.\nThe notice must state the following—\nthe time and place of the hearing;\nthe nature of the hearing;\nthe rights at the hearing of the person the subject of the reference.\n(sec.115-ssec.1) The registrar must give each of the following persons written notice of the hearing of the proceeding for the reference— each party to the proceeding; if an authorised mental health service is responsible for the person the subject of the reference—the administrator of the service; if the forensic disability service is responsible for the person the subject of the reference—the administrator of the service; if the person the subject of the reference is in lawful custody—the person’s custodian.\n(sec.115-ssec.2) The registrar must give the notice at least 7 days before the hearing.\n(sec.115-ssec.3) The notice must state the following— the time and place of the hearing; the nature of the hearing; the rights at the hearing of the person the subject of the reference.\n- (a) each party to the proceeding;\n- (b) if an authorised mental health service is responsible for the person the subject of the reference—the administrator of the service;\n- (c) if the forensic disability service is responsible for the person the subject of the reference—the administrator of the service;\n- (d) if the person the subject of the reference is in lawful custody—the person’s custodian.\n- (a) the time and place of the hearing;\n- (b) the nature of the hearing;\n- (c) the rights at the hearing of the person the subject of the reference.","sortOrder":143},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Particular decisions","content":"## Particular decisions","sortOrder":144},{"sectionNumber":"sec.116","sectionType":"section","heading":"Decision about unsoundness of mind and diminished responsibility","content":"### sec.116 Decision about unsoundness of mind and diminished responsibility\n\nOn hearing the proceeding for the reference, the Mental Health Court must decide—\nwhether the person was of unsound mind when the offence was allegedly committed; and\nif the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed.\nThis section is subject to sections 117 and 117A .\ns 116 amd 2022 No. 1 s 53\n(sec.116-ssec.1) On hearing the proceeding for the reference, the Mental Health Court must decide— whether the person was of unsound mind when the offence was allegedly committed; and if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed.\n(sec.116-ssec.2) This section is subject to sections 117 and 117A .\n- (a) whether the person was of unsound mind when the offence was allegedly committed; and\n- (b) if the person is alleged to have committed the offence of murder and the court decides the person was not of unsound mind when the offence was allegedly committed—whether the person was of diminished responsibility when the offence was allegedly committed.","sortOrder":145},{"sectionNumber":"sec.117","sectionType":"section","heading":"Substantial dispute about whether person committed offence","content":"### sec.117 Substantial dispute about whether person committed offence\n\nThe Mental Health Court may not make a decision under section 116 (1) (a) or (b) if the court is satisfied there is a substantial dispute about whether the person committed the offence as particularised (the disputed offence ).\nHowever, subsection (1) does not apply if the dispute exists only because of 1 or both of the following—\nthe person’s mental condition;\nthe operation of the Criminal Code , section 304 , 304A or 304B .\nIf elements of the disputed offence are elements of another offence (the alternative offence ) and there is not a substantial dispute about whether the person committed the alternative offence, subsection (1) does not prevent the court making a decision under section 116 (1) (a) for the alternative offence.\nIf the court decides the person was of unsound mind when the alternative offence was committed, the proceeding against the person for the disputed offence is discontinued.\nIn this section—\nparticularised , for an offence with which a person is charged, means particularised in the bench charge sheet, complaint, notice to appear or indictment containing the charge against the person.\n(sec.117-ssec.1) The Mental Health Court may not make a decision under section 116 (1) (a) or (b) if the court is satisfied there is a substantial dispute about whether the person committed the offence as particularised (the disputed offence ).\n(sec.117-ssec.2) However, subsection (1) does not apply if the dispute exists only because of 1 or both of the following— the person’s mental condition; the operation of the Criminal Code , section 304 , 304A or 304B .\n(sec.117-ssec.3) If elements of the disputed offence are elements of another offence (the alternative offence ) and there is not a substantial dispute about whether the person committed the alternative offence, subsection (1) does not prevent the court making a decision under section 116 (1) (a) for the alternative offence.\n(sec.117-ssec.4) If the court decides the person was of unsound mind when the alternative offence was committed, the proceeding against the person for the disputed offence is discontinued.\n(sec.117-ssec.5) In this section— particularised , for an offence with which a person is charged, means particularised in the bench charge sheet, complaint, notice to appear or indictment containing the charge against the person.\n- (a) the person’s mental condition;\n- (b) the operation of the Criminal Code , section 304 , 304A or 304B .","sortOrder":146},{"sectionNumber":"sec.117A","sectionType":"section","heading":"Substantial dispute about fact relied on in expert report","content":"### sec.117A Substantial dispute about fact relied on in expert report\n\nThe Mental Health Court may not make a decision under section 116 (1) (a) or (b) if the court is satisfied there is a substantial dispute about a fact (a material fact ) that is material to an opinion stated in an expert’s report received in evidence by the court on the reference.\nWithout limiting subsection (1) , a material fact may relate to—\nthe person’s relevant circumstances before, at the time, or after the offence was allegedly committed; or\nan event, act or omission related to the offence, whether the event, act or omission happened before, at the time, or after the offence was allegedly committed.\ns 117A ins 2022 No. 1 s 54\n(sec.117A-ssec.1) The Mental Health Court may not make a decision under section 116 (1) (a) or (b) if the court is satisfied there is a substantial dispute about a fact (a material fact ) that is material to an opinion stated in an expert’s report received in evidence by the court on the reference.\n(sec.117A-ssec.2) Without limiting subsection (1) , a material fact may relate to— the person’s relevant circumstances before, at the time, or after the offence was allegedly committed; or an event, act or omission related to the offence, whether the event, act or omission happened before, at the time, or after the offence was allegedly committed.\n- (a) the person’s relevant circumstances before, at the time, or after the offence was allegedly committed; or\n- (b) an event, act or omission related to the offence, whether the event, act or omission happened before, at the time, or after the offence was allegedly committed.","sortOrder":147},{"sectionNumber":"sec.118","sectionType":"section","heading":"Decision about fitness for trial","content":"### sec.118 Decision about fitness for trial\n\nThis section applies if—\nthe Mental Health Court decides the person was not of unsound mind when the offence was allegedly committed; or\nbecause of section 117 or 117A , the court may not decide whether the person was of unsound mind when the offence was allegedly committed.\nThe court must decide whether the person is fit for trial.\nIf the court decides the person is unfit for trial, the court must also decide whether the unfitness for trial is permanent.\nThis section does not apply if, under section 117 (4) , the proceeding against the person for the offence is discontinued.\ns 118 amd 2022 No. 1 s 55\n(sec.118-ssec.1) This section applies if— the Mental Health Court decides the person was not of unsound mind when the offence was allegedly committed; or because of section 117 or 117A , the court may not decide whether the person was of unsound mind when the offence was allegedly committed.\n(sec.118-ssec.2) The court must decide whether the person is fit for trial.\n(sec.118-ssec.3) If the court decides the person is unfit for trial, the court must also decide whether the unfitness for trial is permanent.\n(sec.118-ssec.4) This section does not apply if, under section 117 (4) , the proceeding against the person for the offence is discontinued.\n- (a) the Mental Health Court decides the person was not of unsound mind when the offence was allegedly committed; or\n- (b) because of section 117 or 117A , the court may not decide whether the person was of unsound mind when the offence was allegedly committed.","sortOrder":148},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":"Procedural provisions","content":"## Procedural provisions","sortOrder":149},{"sectionNumber":"sec.119","sectionType":"section","heading":"Unsound mind—discontinuance of proceeding","content":"### sec.119 Unsound mind—discontinuance of proceeding\n\nIf the Mental Health Court decides the person was of unsound mind when the offence was allegedly committed—\nthe proceeding against the person for the offence is discontinued; and\nfurther proceedings may not be taken against the person for the act or omission constituting the offence.\nDespite the court’s decision, the person may elect to be tried for the offence.\nThe election must be made by giving the director of public prosecutions written notice of the election within 28 days after the person receives written notice of the court’s decision.\nThe director of public prosecutions must, within 7 days after receiving the notice of the person’s election, give written notice of the person’s election to—\nif an authorised mental health service is responsible for the person—the chief psychiatrist; or\nif the forensic disability service is responsible for the person—the director of forensic disability.\nIf a forensic order or treatment support order is made for the person under part 4 , the order continues in force until a final decision is made in the proceeding against the person for the offence.\nThe director of public prosecutions must ensure the proceeding against the person for the offence is continued according to law within 28 days after receiving the notice of the person’s election.\n(sec.119-ssec.1) If the Mental Health Court decides the person was of unsound mind when the offence was allegedly committed— the proceeding against the person for the offence is discontinued; and further proceedings may not be taken against the person for the act or omission constituting the offence.\n(sec.119-ssec.2) Despite the court’s decision, the person may elect to be tried for the offence.\n(sec.119-ssec.3) The election must be made by giving the director of public prosecutions written notice of the election within 28 days after the person receives written notice of the court’s decision.\n(sec.119-ssec.4) The director of public prosecutions must, within 7 days after receiving the notice of the person’s election, give written notice of the person’s election to— if an authorised mental health service is responsible for the person—the chief psychiatrist; or if the forensic disability service is responsible for the person—the director of forensic disability.\n(sec.119-ssec.5) If a forensic order or treatment support order is made for the person under part 4 , the order continues in force until a final decision is made in the proceeding against the person for the offence.\n(sec.119-ssec.6) The director of public prosecutions must ensure the proceeding against the person for the offence is continued according to law within 28 days after receiving the notice of the person’s election.\n- (a) the proceeding against the person for the offence is discontinued; and\n- (b) further proceedings may not be taken against the person for the act or omission constituting the offence.\n- (a) if an authorised mental health service is responsible for the person—the chief psychiatrist; or\n- (b) if the forensic disability service is responsible for the person—the director of forensic disability.","sortOrder":150},{"sectionNumber":"sec.120","sectionType":"section","heading":"Diminished responsibility—discontinuance of proceeding","content":"### sec.120 Diminished responsibility—discontinuance of proceeding\n\nIf the person was charged with the offence of murder and the Mental Health Court decides the person was of diminished responsibility when the offence was allegedly committed, the proceeding against the person for the offence of murder is discontinued.\nHowever, the proceeding may be continued against the person for another offence constituted by the act or omission to which the proceeding for the offence of murder relates.\n(sec.120-ssec.1) If the person was charged with the offence of murder and the Mental Health Court decides the person was of diminished responsibility when the offence was allegedly committed, the proceeding against the person for the offence of murder is discontinued.\n(sec.120-ssec.2) However, the proceeding may be continued against the person for another offence constituted by the act or omission to which the proceeding for the offence of murder relates.","sortOrder":151},{"sectionNumber":"sec.121","sectionType":"section","heading":"Temporary unfitness for trial—stay of proceeding","content":"### sec.121 Temporary unfitness for trial—stay of proceeding\n\nThis section applies if the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent.\nThe proceeding for the offence is stayed until, on a review under chapter 12 , part 6 , the tribunal decides the person is fit for trial.\n(sec.121-ssec.1) This section applies if the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent.\n(sec.121-ssec.2) The proceeding for the offence is stayed until, on a review under chapter 12 , part 6 , the tribunal decides the person is fit for trial.","sortOrder":152},{"sectionNumber":"sec.122","sectionType":"section","heading":"Permanent unfitness for trial—discontinuance of proceeding","content":"### sec.122 Permanent unfitness for trial—discontinuance of proceeding\n\nIf the Mental Health Court decides the person is unfit for trial and the unfitness for trial is permanent—\nthe proceeding against the person for the offence is discontinued; and\nfurther proceedings may not be taken against the person for the act or omission constituting the offence.\n- (a) the proceeding against the person for the offence is discontinued; and\n- (b) further proceedings may not be taken against the person for the act or omission constituting the offence.","sortOrder":153},{"sectionNumber":"sec.123","sectionType":"section","heading":"Fit for trial—continuation of proceeding","content":"### sec.123 Fit for trial—continuation of proceeding\n\nIf the Mental Health Court decides the person is fit for trial, the court must order that the proceeding against the person for the offence be continued according to law.","sortOrder":154},{"sectionNumber":"sec.124","sectionType":"section","heading":"Related orders if person fit for trial","content":"### sec.124 Related orders if person fit for trial\n\nIf the Mental Health Court orders that the proceeding against the person for the offence be continued, the court may order that—\neither—\nthe person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\nbail be granted, enlarged or varied under the Bail Act 1980 for the person; or\nthe person be detained in a stated authorised mental health service until the person is—\ngranted bail under the Bail Act 1980 ; or\nbrought before a court for continuing the proceeding.\nAn order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\nFor subsection (1) (b) , an authorised person may transport the person to—\nan inpatient unit of the authorised mental health service stated in the order; or\nfor the continuation of the proceeding against the person for the offence—the court in which the proceeding is being heard.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nThe administrator of the authorised mental health service stated in the order may detain the person in the service under the order.\nAlso, subsection (5) applies if—\nthe court has made an order under subsection (1) (b) for the person; and\nfor continuing the proceeding against the person for the offence, the person appears before the court in which the proceeding is being heard by remote conferencing while remaining at the authorised mental health service stated in the order; and\nthe court does not grant the person bail under the Bail Act 1980 .\nThe administrator of the authorised mental health service may detain the person in the service until the person is taken into custody.\n(sec.124-ssec.1) If the Mental Health Court orders that the proceeding against the person for the offence be continued, the court may order that— either— the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or bail be granted, enlarged or varied under the Bail Act 1980 for the person; or the person be detained in a stated authorised mental health service until the person is— granted bail under the Bail Act 1980 ; or brought before a court for continuing the proceeding. An order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n(sec.124-ssec.2) For subsection (1) (b) , an authorised person may transport the person to— an inpatient unit of the authorised mental health service stated in the order; or for the continuation of the proceeding against the person for the offence—the court in which the proceeding is being heard. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.124-ssec.3) The administrator of the authorised mental health service stated in the order may detain the person in the service under the order.\n(sec.124-ssec.4) Also, subsection (5) applies if— the court has made an order under subsection (1) (b) for the person; and for continuing the proceeding against the person for the offence, the person appears before the court in which the proceeding is being heard by remote conferencing while remaining at the authorised mental health service stated in the order; and the court does not grant the person bail under the Bail Act 1980 .\n(sec.124-ssec.5) The administrator of the authorised mental health service may detain the person in the service until the person is taken into custody.\n- (a) either— (i) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or (ii) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (i) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\n- (ii) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (b) the person be detained in a stated authorised mental health service until the person is— (i) granted bail under the Bail Act 1980 ; or (ii) brought before a court for continuing the proceeding. Note— An order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n- (i) granted bail under the Bail Act 1980 ; or\n- (ii) brought before a court for continuing the proceeding.\n- (i) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\n- (ii) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (i) granted bail under the Bail Act 1980 ; or\n- (ii) brought before a court for continuing the proceeding.\n- (a) an inpatient unit of the authorised mental health service stated in the order; or\n- (b) for the continuation of the proceeding against the person for the offence—the court in which the proceeding is being heard. Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (a) the court has made an order under subsection (1) (b) for the person; and\n- (b) for continuing the proceeding against the person for the offence, the person appears before the court in which the proceeding is being heard by remote conferencing while remaining at the authorised mental health service stated in the order; and\n- (c) the court does not grant the person bail under the Bail Act 1980 .","sortOrder":155},{"sectionNumber":"ch.5-pt.3-div.5","sectionType":"division","heading":"Withdrawal of particular references","content":"## Withdrawal of particular references","sortOrder":156},{"sectionNumber":"sec.125","sectionType":"section","heading":"Application of div 5","content":"### sec.125 Application of div 5\n\nThis division applies to a reference in relation to a person made under section 101 or 110 .","sortOrder":157},{"sectionNumber":"sec.126","sectionType":"section","heading":"Application to withdraw reference","content":"### sec.126 Application to withdraw reference\n\nAt any time before the Mental Health Court decides the reference, the person who made the reference may apply to the court to withdraw the reference.\nThe application must be made by—\nfiling a notice in the approved form with the registrar; or\nmaking an oral submission at the hearing of the proceeding for the reference.\n(sec.126-ssec.1) At any time before the Mental Health Court decides the reference, the person who made the reference may apply to the court to withdraw the reference.\n(sec.126-ssec.2) The application must be made by— filing a notice in the approved form with the registrar; or making an oral submission at the hearing of the proceeding for the reference.\n- (a) filing a notice in the approved form with the registrar; or\n- (b) making an oral submission at the hearing of the proceeding for the reference.","sortOrder":158},{"sectionNumber":"sec.127","sectionType":"section","heading":"Notices if application to withdraw filed","content":"### sec.127 Notices if application to withdraw filed\n\nThe registrar must—\nwithin 7 days after the notice of the application to withdraw the reference is filed, give written notice of the application to the other parties to the proceeding; and\nat least 7 days before the hearing of the application, give the parties written notice of the hearing of the application.\nThe notice of the hearing must state the following—\nthe time and place of the hearing;\nthe nature of the hearing;\nthe parties’ rights to be represented at the hearing.\nSee section 683 in relation to representation at the hearing.\n(sec.127-ssec.1) The registrar must— within 7 days after the notice of the application to withdraw the reference is filed, give written notice of the application to the other parties to the proceeding; and at least 7 days before the hearing of the application, give the parties written notice of the hearing of the application.\n(sec.127-ssec.2) The notice of the hearing must state the following— the time and place of the hearing; the nature of the hearing; the parties’ rights to be represented at the hearing. See section 683 in relation to representation at the hearing.\n- (a) within 7 days after the notice of the application to withdraw the reference is filed, give written notice of the application to the other parties to the proceeding; and\n- (b) at least 7 days before the hearing of the application, give the parties written notice of the hearing of the application.\n- (a) the time and place of the hearing;\n- (b) the nature of the hearing;\n- (c) the parties’ rights to be represented at the hearing. Note— See section 683 in relation to representation at the hearing.","sortOrder":159},{"sectionNumber":"sec.128","sectionType":"section","heading":"Decision on application","content":"### sec.128 Decision on application\n\nThe Mental Health Court must grant the application or refuse to grant it.\nHowever, the court may refuse to grant the application only if it considers the withdrawal of the reference would be contrary to the interests of justice.\n(sec.128-ssec.1) The Mental Health Court must grant the application or refuse to grant it.\n(sec.128-ssec.2) However, the court may refuse to grant the application only if it considers the withdrawal of the reference would be contrary to the interests of justice.","sortOrder":160},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Forensic orders and treatment support orders","content":"# Forensic orders and treatment support orders","sortOrder":161},{"sectionNumber":"ch.5-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":162},{"sectionNumber":"sec.129","sectionType":"section","heading":"Definition for pt 4","content":"### sec.129 Definition for pt 4\n\nIn this part—\nrelevant unlawful act , in relation to a reference, means the unlawful act or omission that constitutes the offence to which the reference relates.","sortOrder":163},{"sectionNumber":"sec.130","sectionType":"section","heading":"Explanation about operation of forensic orders and treatment support orders","content":"### sec.130 Explanation about operation of forensic orders and treatment support orders\n\nUnder this part, the Mental Health Court may, on a reference in relation to a person, make the following types of orders—\na forensic order (mental health) or forensic order (disability)—see division 2 ;\na treatment support order—see division 3 .\nSee section 151 for the matters authorised under a forensic order (mental health) or treatment support order. See section 152 for the matters authorised under a forensic order (disability).\nA forensic order (mental health) operates in a way that is more restrictive of a person’s rights and liberties than a treatment support order.\nThe Mental Health Court may decide the category of a forensic order (mental health) is community only if the court considers there is not an unacceptable risk to the safety of the community.\nThe court may decide the category of a treatment support order is inpatient only if the court considers the person’s treatment and care needs, the safety and welfare of the person, or the safety of others, can not reasonably be met if the category of the order is community.\nAn authorised doctor may authorise treatment in the community for a person subject to a forensic order (mental health) only to the extent approved by the court or the tribunal.\nAn authorised doctor may authorise treatment in the community for a person subject to a treatment support order, subject only to the court or the tribunal deciding whether the authorised doctor may reduce the extent of treatment in the community received by the person.\nRequirements imposed under a policy made by the chief psychiatrist may be more onerous for a person subject to a forensic order (mental health) than a person subject to a treatment support order.\n(sec.130-ssec.1) Under this part, the Mental Health Court may, on a reference in relation to a person, make the following types of orders— a forensic order (mental health) or forensic order (disability)—see division 2 ; a treatment support order—see division 3 . See section 151 for the matters authorised under a forensic order (mental health) or treatment support order. See section 152 for the matters authorised under a forensic order (disability).\n(sec.130-ssec.2) A forensic order (mental health) operates in a way that is more restrictive of a person’s rights and liberties than a treatment support order. The Mental Health Court may decide the category of a forensic order (mental health) is community only if the court considers there is not an unacceptable risk to the safety of the community. The court may decide the category of a treatment support order is inpatient only if the court considers the person’s treatment and care needs, the safety and welfare of the person, or the safety of others, can not reasonably be met if the category of the order is community. An authorised doctor may authorise treatment in the community for a person subject to a forensic order (mental health) only to the extent approved by the court or the tribunal. An authorised doctor may authorise treatment in the community for a person subject to a treatment support order, subject only to the court or the tribunal deciding whether the authorised doctor may reduce the extent of treatment in the community received by the person. Requirements imposed under a policy made by the chief psychiatrist may be more onerous for a person subject to a forensic order (mental health) than a person subject to a treatment support order.\n- (a) a forensic order (mental health) or forensic order (disability)—see division 2 ;\n- (b) a treatment support order—see division 3 .\n- 1 The Mental Health Court may decide the category of a forensic order (mental health) is community only if the court considers there is not an unacceptable risk to the safety of the community.\n- 2 The court may decide the category of a treatment support order is inpatient only if the court considers the person’s treatment and care needs, the safety and welfare of the person, or the safety of others, can not reasonably be met if the category of the order is community.\n- 3 An authorised doctor may authorise treatment in the community for a person subject to a forensic order (mental health) only to the extent approved by the court or the tribunal.\n- 4 An authorised doctor may authorise treatment in the community for a person subject to a treatment support order, subject only to the court or the tribunal deciding whether the authorised doctor may reduce the extent of treatment in the community received by the person.\n- 5 Requirements imposed under a policy made by the chief psychiatrist may be more onerous for a person subject to a forensic order (mental health) than a person subject to a treatment support order.","sortOrder":164},{"sectionNumber":"sec.131","sectionType":"section","heading":"Orders if unsound mind or permanent unfitness for trial","content":"### sec.131 Orders if unsound mind or permanent unfitness for trial\n\nThis section applies if, on a reference in relation to a person, the Mental Health Court decides the person—\nwas of unsound mind when the offence was allegedly committed; or\nis unfit for trial and the unfitness for trial is permanent.\nThe court must make the order required under division 2 or 3 for the person.\nHowever, if the court is not required under division 2 or 3 to make an order for the person, the court may make no order for the person.\n(sec.131-ssec.1) This section applies if, on a reference in relation to a person, the Mental Health Court decides the person— was of unsound mind when the offence was allegedly committed; or is unfit for trial and the unfitness for trial is permanent.\n(sec.131-ssec.2) The court must make the order required under division 2 or 3 for the person.\n(sec.131-ssec.3) However, if the court is not required under division 2 or 3 to make an order for the person, the court may make no order for the person.\n- (a) was of unsound mind when the offence was allegedly committed; or\n- (b) is unfit for trial and the unfitness for trial is permanent.","sortOrder":165},{"sectionNumber":"sec.132","sectionType":"section","heading":"Orders if temporary unfitness for trial","content":"### sec.132 Orders if temporary unfitness for trial\n\nThis section applies if, on a reference in relation to a person, the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent.\nThe court must make an order for the person under division 2 or 3 .\n(sec.132-ssec.1) This section applies if, on a reference in relation to a person, the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent.\n(sec.132-ssec.2) The court must make an order for the person under division 2 or 3 .","sortOrder":166},{"sectionNumber":"sec.133","sectionType":"section","heading":"Matters to which Mental Health Court must have regard","content":"### sec.133 Matters to which Mental Health Court must have regard\n\nIn making a decision under this part in relation to an order for a person, the Mental Health Court must have regard to the following—\nthe relevant circumstances of the person;\nthe nature of the offence to which the reference relates and the period of time that has passed since the offence was allegedly committed;\nany victim impact statement produced by the prosecuting authority for the offence under part 5 , division 3 .\ndeciding whether a forensic order or treatment support order is necessary\ndeciding the category of the order\ndeciding whether the person is to receive any treatment in the community\ndeciding the conditions, if any, to impose on the order\nSubsection (1) does not limit any other provision of this part that requires the court to have regard to a stated matter.\n(sec.133-ssec.1) In making a decision under this part in relation to an order for a person, the Mental Health Court must have regard to the following— the relevant circumstances of the person; the nature of the offence to which the reference relates and the period of time that has passed since the offence was allegedly committed; any victim impact statement produced by the prosecuting authority for the offence under part 5 , division 3 . deciding whether a forensic order or treatment support order is necessary deciding the category of the order deciding whether the person is to receive any treatment in the community deciding the conditions, if any, to impose on the order\n(sec.133-ssec.2) Subsection (1) does not limit any other provision of this part that requires the court to have regard to a stated matter.\n- (a) the relevant circumstances of the person;\n- (b) the nature of the offence to which the reference relates and the period of time that has passed since the offence was allegedly committed;\n- (c) any victim impact statement produced by the prosecuting authority for the offence under part 5 , division 3 .\n- • deciding whether a forensic order or treatment support order is necessary\n- • deciding the category of the order\n- • deciding whether the person is to receive any treatment in the community\n- • deciding the conditions, if any, to impose on the order","sortOrder":167},{"sectionNumber":"ch.5-pt.4-div.2","sectionType":"division","heading":"Forensic orders","content":"## Forensic orders","sortOrder":168},{"sectionNumber":"ch.5-pt.4-div.1-oc.2","sectionType":"division","heading":"Making of forensic orders","content":"## Making of forensic orders","sortOrder":169},{"sectionNumber":"sec.134","sectionType":"section","heading":"Requirements for making forensic order","content":"### sec.134 Requirements for making forensic order\n\nThe Mental Health Court must make an order (a forensic order (mental health) or forensic order (disability) ) for the person if the court considers a forensic order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\nIf the court does not consider a forensic order is necessary, see division 3 in relation to the making of a treatment support order.\nIn deciding whether a forensic order is necessary, the court must have regard to the policies mentioned in section 305 (1) (e) and (f) .\nIf the court makes a forensic order for the person, the order must be—\na forensic order (mental health) if the court considers—\nthe person’s unsoundness of mind was, or unfitness for trial is, because of a mental condition other than an intellectual disability; or\nthe person has a dual disability and needs involuntary treatment and care for the person’s mental illness, as well as care for the person’s intellectual disability; or\na forensic order (disability) if the court considers—\nthe person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and\nthe person needs care for the person’s intellectual disability but does not need treatment and care for any mental illness.\nSubsection (3) (a) (ii) applies regardless of the basis on which the court decides the person was of unsound mind when the offence was allegedly committed, or is unfit for trial.\n(sec.134-ssec.1) The Mental Health Court must make an order (a forensic order (mental health) or forensic order (disability) ) for the person if the court considers a forensic order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property. If the court does not consider a forensic order is necessary, see division 3 in relation to the making of a treatment support order.\n(sec.134-ssec.2) In deciding whether a forensic order is necessary, the court must have regard to the policies mentioned in section 305 (1) (e) and (f) .\n(sec.134-ssec.3) If the court makes a forensic order for the person, the order must be— a forensic order (mental health) if the court considers— the person’s unsoundness of mind was, or unfitness for trial is, because of a mental condition other than an intellectual disability; or the person has a dual disability and needs involuntary treatment and care for the person’s mental illness, as well as care for the person’s intellectual disability; or a forensic order (disability) if the court considers— the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and the person needs care for the person’s intellectual disability but does not need treatment and care for any mental illness.\n(sec.134-ssec.4) Subsection (3) (a) (ii) applies regardless of the basis on which the court decides the person was of unsound mind when the offence was allegedly committed, or is unfit for trial.\n- (a) a forensic order (mental health) if the court considers— (i) the person’s unsoundness of mind was, or unfitness for trial is, because of a mental condition other than an intellectual disability; or (ii) the person has a dual disability and needs involuntary treatment and care for the person’s mental illness, as well as care for the person’s intellectual disability; or\n- (i) the person’s unsoundness of mind was, or unfitness for trial is, because of a mental condition other than an intellectual disability; or\n- (ii) the person has a dual disability and needs involuntary treatment and care for the person’s mental illness, as well as care for the person’s intellectual disability; or\n- (b) a forensic order (disability) if the court considers— (i) the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and (ii) the person needs care for the person’s intellectual disability but does not need treatment and care for any mental illness.\n- (i) the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and\n- (ii) the person needs care for the person’s intellectual disability but does not need treatment and care for any mental illness.\n- (i) the person’s unsoundness of mind was, or unfitness for trial is, because of a mental condition other than an intellectual disability; or\n- (ii) the person has a dual disability and needs involuntary treatment and care for the person’s mental illness, as well as care for the person’s intellectual disability; or\n- (i) the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and\n- (ii) the person needs care for the person’s intellectual disability but does not need treatment and care for any mental illness.","sortOrder":170},{"sectionNumber":"sec.135","sectionType":"section","heading":"Conditions","content":"### sec.135 Conditions\n\nThe Mental Health Court may, in a forensic order for a person, impose the conditions it considers appropriate.\nWithout limiting subsection (1) , the court may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\nHowever, the court may not impose a condition requiring the person to take a particular medication or a particular dosage of a medication.\n(sec.135-ssec.1) The Mental Health Court may, in a forensic order for a person, impose the conditions it considers appropriate.\n(sec.135-ssec.2) Without limiting subsection (1) , the court may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\n(sec.135-ssec.3) However, the court may not impose a condition requiring the person to take a particular medication or a particular dosage of a medication.","sortOrder":171},{"sectionNumber":"sec.136","sectionType":"section","heading":"Recommendations about intervention programs","content":"### sec.136 Recommendations about intervention programs\n\nThe Mental Health Court may, in a forensic order for a person, make the recommendations it considers appropriate about particular intervention programs that a stated authorised mental health service or the forensic disability service should provide for the person.\ndrug and alcohol programs, anger management counselling programs, sexual offender programs","sortOrder":172},{"sectionNumber":"sec.137","sectionType":"section","heading":"Non-revocation period","content":"### sec.137 Non-revocation period\n\nThis section applies if, on a reference in relation to a person charged with a prescribed offence, the Mental Health Court—\ndecides the person—\nwas of unsound mind when the offence was allegedly committed; or\nis unfit for trial and the unfitness for trial is permanent; and\nmakes a forensic order for the person.\nThe court may state in the order a period of not more than 10 years (the non-revocation period ) during which the tribunal may not revoke the order, other than under section 457 .\nIn deciding the non-revocation period, the court must have regard to the object of this Act in relation to protecting the community.\n(sec.137-ssec.1) This section applies if, on a reference in relation to a person charged with a prescribed offence, the Mental Health Court— decides the person— was of unsound mind when the offence was allegedly committed; or is unfit for trial and the unfitness for trial is permanent; and makes a forensic order for the person.\n(sec.137-ssec.2) The court may state in the order a period of not more than 10 years (the non-revocation period ) during which the tribunal may not revoke the order, other than under section 457 .\n(sec.137-ssec.3) In deciding the non-revocation period, the court must have regard to the object of this Act in relation to protecting the community.\n- (a) decides the person— (i) was of unsound mind when the offence was allegedly committed; or (ii) is unfit for trial and the unfitness for trial is permanent; and\n- (i) was of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial and the unfitness for trial is permanent; and\n- (b) makes a forensic order for the person.\n- (i) was of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial and the unfitness for trial is permanent; and","sortOrder":173},{"sectionNumber":"ch.5-pt.4-div.2-oc.2","sectionType":"division","heading":"Treatment in the community","content":"## Treatment in the community","sortOrder":174},{"sectionNumber":"sec.138","sectionType":"section","heading":"Mental Health Court to decide category","content":"### sec.138 Mental Health Court to decide category\n\nIf the Mental Health Court decides to make a forensic order for a person, the court must also decide the category of the order.\nThe court may decide the category of the order is community only if the court considers there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\nThe forensic order must state the category of the order.\n(sec.138-ssec.1) If the Mental Health Court decides to make a forensic order for a person, the court must also decide the category of the order.\n(sec.138-ssec.2) The court may decide the category of the order is community only if the court considers there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\n(sec.138-ssec.3) The forensic order must state the category of the order.","sortOrder":175},{"sectionNumber":"sec.139","sectionType":"section","heading":"Inpatient category","content":"### sec.139 Inpatient category\n\nIf the Mental Health Court decides the category of a forensic order for a person is inpatient, the court must do 1 of the following—\norder that the person have no limited community treatment;\nAn order made under paragraph (a) may be amended by the tribunal, but may not be amended by an authorised doctor. See sections 212 (2) and 445 (2) (b) and (c) .\napprove that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time—\nauthorise limited community treatment for the person, to the extent and subject to the conditions decided by the court; or\nchange the category of the order to community, subject to the conditions decided by the court;\norder that the person have limited community treatment—\nof a stated extent; and\nsubject to the conditions decided by the court, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\nThe court may make an order under subsection (1) (b) or (c) only if the court is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\nIn deciding whether the court is satisfied of the matters mentioned in subsection (2) , the court must have regard to—\nthe purpose of limited community treatment; and\nthe fact that—\nif an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or\nif the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n(sec.139-ssec.1) If the Mental Health Court decides the category of a forensic order for a person is inpatient, the court must do 1 of the following— order that the person have no limited community treatment; An order made under paragraph (a) may be amended by the tribunal, but may not be amended by an authorised doctor. See sections 212 (2) and 445 (2) (b) and (c) . approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time— authorise limited community treatment for the person, to the extent and subject to the conditions decided by the court; or change the category of the order to community, subject to the conditions decided by the court; order that the person have limited community treatment— of a stated extent; and subject to the conditions decided by the court, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n(sec.139-ssec.2) The court may make an order under subsection (1) (b) or (c) only if the court is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\n(sec.139-ssec.3) In deciding whether the court is satisfied of the matters mentioned in subsection (2) , the court must have regard to— the purpose of limited community treatment; and the fact that— if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n- (a) order that the person have no limited community treatment; Note— An order made under paragraph (a) may be amended by the tribunal, but may not be amended by an authorised doctor. See sections 212 (2) and 445 (2) (b) and (c) .\n- (b) approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time— (i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the court; or (ii) change the category of the order to community, subject to the conditions decided by the court;\n- (i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the court; or\n- (ii) change the category of the order to community, subject to the conditions decided by the court;\n- (c) order that the person have limited community treatment— (i) of a stated extent; and (ii) subject to the conditions decided by the court, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n- (i) of a stated extent; and\n- (ii) subject to the conditions decided by the court, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n- (i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the court; or\n- (ii) change the category of the order to community, subject to the conditions decided by the court;\n- (i) of a stated extent; and\n- (ii) subject to the conditions decided by the court, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n- (a) the purpose of limited community treatment; and\n- (b) the fact that— (i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or (ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n- (i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or\n- (ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n- (i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or\n- (ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .","sortOrder":176},{"sectionNumber":"sec.140","sectionType":"section","heading":"Community category","content":"### sec.140 Community category\n\nIf the Mental Health Court decides the category of a forensic order for a person is community, the court must—\norder that an authorised doctor or a senior practitioner under the Forensic Disability Act must not change the category of the order to inpatient; or\nThe category of the order may be changed by the tribunal. See section 444 .\napprove that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time, change the nature or extent of treatment in the community received by the person, to the extent and subject to the conditions decided by the court.\nchanging the category of the forensic order from community to inpatient, with or without limited community treatment\n- (a) order that an authorised doctor or a senior practitioner under the Forensic Disability Act must not change the category of the order to inpatient; or Note— The category of the order may be changed by the tribunal. See section 444 .\n- (b) approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time, change the nature or extent of treatment in the community received by the person, to the extent and subject to the conditions decided by the court. Example of a change of the nature or extent of treatment in the community— changing the category of the forensic order from community to inpatient, with or without limited community treatment","sortOrder":177},{"sectionNumber":"ch.5-pt.4-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":178},{"sectionNumber":"sec.141","sectionType":"section","heading":"When category of forensic order (disability) may be described as residential","content":"### sec.141 When category of forensic order (disability) may be described as residential\n\nThis section applies to a forensic order (disability) for a person if—\nthe category of the order is inpatient; and\nthe forensic disability service is responsible for the person.\nThe category of the order may be described as residential.\n(sec.141-ssec.1) This section applies to a forensic order (disability) for a person if— the category of the order is inpatient; and the forensic disability service is responsible for the person.\n(sec.141-ssec.2) The category of the order may be described as residential.\n- (a) the category of the order is inpatient; and\n- (b) the forensic disability service is responsible for the person.","sortOrder":179},{"sectionNumber":"sec.142","sectionType":"section","heading":"Admission to high security unit—stay of order","content":"### sec.142 Admission to high security unit—stay of order\n\nThis section applies if—\nthe Mental Health Court makes a forensic order for a person; and\nunder the order, the person is to be detained in a high security unit; and\nthe chief psychiatrist asks the court to stay the order for a period of not more than 7 days to enable the high security unit to make a physical place available for the person.\nThe court may stay the order for the period requested by the chief psychiatrist.\nHowever, if the court is satisfied the person needs urgent treatment and care in the high security unit, the court may—\nrefuse to stay the order; or\nstay the order for a shorter period than requested.\nIf the court stays the order and the person is being held in custody, the person must remain in custody until the person is admitted to the high security unit.\n(sec.142-ssec.1) This section applies if— the Mental Health Court makes a forensic order for a person; and under the order, the person is to be detained in a high security unit; and the chief psychiatrist asks the court to stay the order for a period of not more than 7 days to enable the high security unit to make a physical place available for the person.\n(sec.142-ssec.2) The court may stay the order for the period requested by the chief psychiatrist.\n(sec.142-ssec.3) However, if the court is satisfied the person needs urgent treatment and care in the high security unit, the court may— refuse to stay the order; or stay the order for a shorter period than requested.\n(sec.142-ssec.4) If the court stays the order and the person is being held in custody, the person must remain in custody until the person is admitted to the high security unit.\n- (a) the Mental Health Court makes a forensic order for a person; and\n- (b) under the order, the person is to be detained in a high security unit; and\n- (c) the chief psychiatrist asks the court to stay the order for a period of not more than 7 days to enable the high security unit to make a physical place available for the person.\n- (a) refuse to stay the order; or\n- (b) stay the order for a shorter period than requested.","sortOrder":180},{"sectionNumber":"ch.5-pt.4-div.3-oc.2","sectionType":"division","heading":"Treatment support orders","content":"## Treatment support orders","sortOrder":181},{"sectionNumber":"ch.5-pt.4-div.1-oc.3","sectionType":"division","heading":"Making of treatment support orders","content":"## Making of treatment support orders","sortOrder":182},{"sectionNumber":"sec.143","sectionType":"section","heading":"Requirements for making treatment support order","content":"### sec.143 Requirements for making treatment support order\n\nThe Mental Health Court must make an order (a treatment support order ) for the person if the court considers a treatment support order, but not a forensic order, is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\nIn deciding whether a treatment support order, but not a forensic order, is necessary, the court must have regard to the policy that must be made by the chief psychiatrist under section 305 (1) (g) in relation to persons subject to treatment support orders.\nThis section does not apply if the court considers—\nthe person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and\nthe person does not need treatment and care for any mental illness.\n(sec.143-ssec.1) The Mental Health Court must make an order (a treatment support order ) for the person if the court considers a treatment support order, but not a forensic order, is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\n(sec.143-ssec.2) In deciding whether a treatment support order, but not a forensic order, is necessary, the court must have regard to the policy that must be made by the chief psychiatrist under section 305 (1) (g) in relation to persons subject to treatment support orders.\n(sec.143-ssec.3) This section does not apply if the court considers— the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and the person does not need treatment and care for any mental illness.\n- (a) the person’s unsoundness of mind was, or unfitness for trial is, because of an intellectual disability; and\n- (b) the person does not need treatment and care for any mental illness.","sortOrder":183},{"sectionNumber":"sec.144","sectionType":"section","heading":"Conditions","content":"### sec.144 Conditions\n\nThe Mental Health Court may, in a treatment support order for a person, impose the conditions it considers appropriate.\nWithout limiting subsection (1) , the court may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\nHowever, the court may not impose a condition requiring the person to take a particular medication or a particular dosage of a medication.\n(sec.144-ssec.1) The Mental Health Court may, in a treatment support order for a person, impose the conditions it considers appropriate.\n(sec.144-ssec.2) Without limiting subsection (1) , the court may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\n(sec.144-ssec.3) However, the court may not impose a condition requiring the person to take a particular medication or a particular dosage of a medication.","sortOrder":184},{"sectionNumber":"ch.5-pt.4-div.2-oc.3","sectionType":"division","heading":"Treatment in the community","content":"## Treatment in the community","sortOrder":185},{"sectionNumber":"sec.145","sectionType":"section","heading":"Mental Health Court to decide category and community treatment","content":"### sec.145 Mental Health Court to decide category and community treatment\n\nIf the Mental Health Court decides to make a treatment support order for a person, the court must also decide the category of the order.\nHowever, the court may decide the category of the treatment support order is inpatient only if the court considers 1 or more of the following can not reasonably be met if the category of the order is community—\nthe person’s treatment and care needs;\nthe safety and welfare of the person;\nthe safety of others.\nIf the court decides the category of the treatment support order is inpatient, the court may approve limited community treatment for the person, to the extent and subject to the conditions decided by the court.\nIn deciding whether to approve limited community treatment under subsection (3) , the court must have regard to the purpose of limited community treatment.\nIf the court decides the category of the treatment support order is community, or approves limited community treatment for the person under subsection (3) , the court must also decide whether an authorised doctor may, under section 216 (1) , amend the person’s treatment support order to reduce the extent of treatment in the community received by the person.\nOn a review of the order, the tribunal may change the nature or extent of the person’s treatment in the community. See sections 475 and 476 .\nFor the powers of an authorised doctor in relation to a treatment support order, see section 216 .\nThe treatment support order must state the category of the order.\n(sec.145-ssec.1) If the Mental Health Court decides to make a treatment support order for a person, the court must also decide the category of the order.\n(sec.145-ssec.2) However, the court may decide the category of the treatment support order is inpatient only if the court considers 1 or more of the following can not reasonably be met if the category of the order is community— the person’s treatment and care needs; the safety and welfare of the person; the safety of others.\n(sec.145-ssec.3) If the court decides the category of the treatment support order is inpatient, the court may approve limited community treatment for the person, to the extent and subject to the conditions decided by the court.\n(sec.145-ssec.4) In deciding whether to approve limited community treatment under subsection (3) , the court must have regard to the purpose of limited community treatment.\n(sec.145-ssec.5) If the court decides the category of the treatment support order is community, or approves limited community treatment for the person under subsection (3) , the court must also decide whether an authorised doctor may, under section 216 (1) , amend the person’s treatment support order to reduce the extent of treatment in the community received by the person. On a review of the order, the tribunal may change the nature or extent of the person’s treatment in the community. See sections 475 and 476 . For the powers of an authorised doctor in relation to a treatment support order, see section 216 .\n(sec.145-ssec.6) The treatment support order must state the category of the order.\n- (a) the person’s treatment and care needs;\n- (b) the safety and welfare of the person;\n- (c) the safety of others.\n- 1 On a review of the order, the tribunal may change the nature or extent of the person’s treatment in the community. See sections 475 and 476 .\n- 2 For the powers of an authorised doctor in relation to a treatment support order, see section 216 .","sortOrder":186},{"sectionNumber":"ch.5-pt.4-div.4","sectionType":"division","heading":"Responsibility for treatment and care","content":"## Responsibility for treatment and care","sortOrder":187},{"sectionNumber":"sec.146","sectionType":"section","heading":"Responsibility for person subject to forensic order (mental health) or treatment support order","content":"### sec.146 Responsibility for person subject to forensic order (mental health) or treatment support order\n\nIf the Mental Health Court makes a forensic order (mental health) or treatment support order for a person, the order must state the authorised mental health service responsible for the person.\nThe stated authorised mental health service is responsible for the person.\nSubsection (2) does not prevent treatment and care being provided to the person by another authorised mental health service if the person seeks treatment and care by the service.\nThis section is subject to section 356 .\n(sec.146-ssec.1) If the Mental Health Court makes a forensic order (mental health) or treatment support order for a person, the order must state the authorised mental health service responsible for the person.\n(sec.146-ssec.2) The stated authorised mental health service is responsible for the person.\n(sec.146-ssec.3) Subsection (2) does not prevent treatment and care being provided to the person by another authorised mental health service if the person seeks treatment and care by the service.\n(sec.146-ssec.4) This section is subject to section 356 .","sortOrder":188},{"sectionNumber":"sec.147","sectionType":"section","heading":"Responsibility for person subject to forensic order (disability)","content":"### sec.147 Responsibility for person subject to forensic order (disability)\n\nIf the Mental Health Court makes a forensic order (disability) for a person, the order must state—\nthe authorised mental health service responsible for the person; or\nthat the forensic disability service is responsible for the person.\nHowever, the court may decide the forensic disability service is responsible for the person only if the chief executive (forensic disability) certifies, in writing, that the forensic disability service has the required capacity.\nIf the court makes an order under subsection (1) (a) , the stated authorised mental health service is responsible for the person.\nIf the court makes an order under subsection (1) (b) , the forensic disability service is responsible for the person.\nSubsection (3) does not prevent treatment and care being provided to the person by another authorised mental health service if the person seeks treatment and care by the service.\nSubsection (4) does not prevent treatment and care being provided to the person by an authorised mental health service if the person seeks treatment and care by the service.\nThis section is subject to section 356 .\nIn this section—\nrequired capacity means—\nthe physical capacity to accommodate the person; and\nthe capacity to provide care for the person under the order.\n(sec.147-ssec.1) If the Mental Health Court makes a forensic order (disability) for a person, the order must state— the authorised mental health service responsible for the person; or that the forensic disability service is responsible for the person.\n(sec.147-ssec.2) However, the court may decide the forensic disability service is responsible for the person only if the chief executive (forensic disability) certifies, in writing, that the forensic disability service has the required capacity.\n(sec.147-ssec.3) If the court makes an order under subsection (1) (a) , the stated authorised mental health service is responsible for the person.\n(sec.147-ssec.4) If the court makes an order under subsection (1) (b) , the forensic disability service is responsible for the person.\n(sec.147-ssec.5) Subsection (3) does not prevent treatment and care being provided to the person by another authorised mental health service if the person seeks treatment and care by the service.\n(sec.147-ssec.6) Subsection (4) does not prevent treatment and care being provided to the person by an authorised mental health service if the person seeks treatment and care by the service.\n(sec.147-ssec.7) This section is subject to section 356 .\n(sec.147-ssec.8) In this section— required capacity means— the physical capacity to accommodate the person; and the capacity to provide care for the person under the order.\n- (a) the authorised mental health service responsible for the person; or\n- (b) that the forensic disability service is responsible for the person.\n- (a) the physical capacity to accommodate the person; and\n- (b) the capacity to provide care for the person under the order.","sortOrder":189},{"sectionNumber":"sec.148","sectionType":"section","heading":"Certificate of forensic disability service availability","content":"### sec.148 Certificate of forensic disability service availability\n\nThis section applies for the purpose of the Mental Health Court deciding under section 147 whether the forensic disability service will be responsible for the person.\nThe court may ask the director of forensic disability to give the court a certificate prepared by the chief executive (forensic disability) stating whether or not the forensic disability service has the required capacity within the meaning of section 147 .\nIf asked by the director of forensic disability to prepare a certificate mentioned in subsection (2) , the chief executive (forensic disability) must prepare, and give the director, the certificate.\nIf the court makes a request under subsection (2) , the director of forensic disability must give the court the certificate within—\n7 days after receiving the request; or\nany longer period allowed by the court.\n(sec.148-ssec.1) This section applies for the purpose of the Mental Health Court deciding under section 147 whether the forensic disability service will be responsible for the person.\n(sec.148-ssec.2) The court may ask the director of forensic disability to give the court a certificate prepared by the chief executive (forensic disability) stating whether or not the forensic disability service has the required capacity within the meaning of section 147 .\n(sec.148-ssec.3) If asked by the director of forensic disability to prepare a certificate mentioned in subsection (2) , the chief executive (forensic disability) must prepare, and give the director, the certificate.\n(sec.148-ssec.4) If the court makes a request under subsection (2) , the director of forensic disability must give the court the certificate within— 7 days after receiving the request; or any longer period allowed by the court.\n- (a) 7 days after receiving the request; or\n- (b) any longer period allowed by the court.","sortOrder":190},{"sectionNumber":"ch.5-pt.4-div.5","sectionType":"division","heading":"Transport","content":"## Transport","sortOrder":191},{"sectionNumber":"sec.149","sectionType":"section","heading":"Transport to authorised mental health service","content":"### sec.149 Transport to authorised mental health service\n\nThis section applies if—\nthe Mental Health Court makes a forensic order or treatment support order for a person and the category of the order is inpatient; and\nan authorised mental health service is responsible for the person under the order.\nAn authorised person may transport the person to the authorised mental health service.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.149-ssec.1) This section applies if— the Mental Health Court makes a forensic order or treatment support order for a person and the category of the order is inpatient; and an authorised mental health service is responsible for the person under the order.\n(sec.149-ssec.2) An authorised person may transport the person to the authorised mental health service. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (a) the Mental Health Court makes a forensic order or treatment support order for a person and the category of the order is inpatient; and\n- (b) an authorised mental health service is responsible for the person under the order.","sortOrder":192},{"sectionNumber":"sec.150","sectionType":"section","heading":"Transport to forensic disability service","content":"### sec.150 Transport to forensic disability service\n\nThis section applies if—\nthe Mental Health Court makes a forensic order (disability) for a person and the category of the order is inpatient; and\nthe forensic disability service is responsible for the person under the order.\nAn authorised person, or an authorised practitioner under the Forensic Disability Act , may transport the person to the forensic disability service.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.150-ssec.1) This section applies if— the Mental Health Court makes a forensic order (disability) for a person and the category of the order is inpatient; and the forensic disability service is responsible for the person under the order.\n(sec.150-ssec.2) An authorised person, or an authorised practitioner under the Forensic Disability Act , may transport the person to the forensic disability service. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (a) the Mental Health Court makes a forensic order (disability) for a person and the category of the order is inpatient; and\n- (b) the forensic disability service is responsible for the person under the order.","sortOrder":193},{"sectionNumber":"ch.5-pt.4-div.6","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":194},{"sectionNumber":"sec.151","sectionType":"section","heading":"Matters authorised by forensic order (mental health) or treatment support order","content":"### sec.151 Matters authorised by forensic order (mental health) or treatment support order\n\nA forensic order (mental health), or treatment support order, for a person authorises each of the following in accordance with the order—\nif the person has a mental condition other than an intellectual disability—the provision of involuntary treatment and care for the person’s mental illness or other mental condition;\nif the person has a dual disability—\nthe provision of involuntary treatment and care for the person’s mental illness; and\nthe provision of involuntary care for the person’s intellectual disability;\nif the category of the order is inpatient—the detention of the person in the authorised mental health service that is responsible for the person.\nThe person responsible for the treatment and care must ensure the order is given effect.\nSee section 15 for the person responsible for the treatment and care of a person subject to a forensic order (mental health) or treatment support order.\n(sec.151-ssec.1) A forensic order (mental health), or treatment support order, for a person authorises each of the following in accordance with the order— if the person has a mental condition other than an intellectual disability—the provision of involuntary treatment and care for the person’s mental illness or other mental condition; if the person has a dual disability— the provision of involuntary treatment and care for the person’s mental illness; and the provision of involuntary care for the person’s intellectual disability; if the category of the order is inpatient—the detention of the person in the authorised mental health service that is responsible for the person.\n(sec.151-ssec.2) The person responsible for the treatment and care must ensure the order is given effect. See section 15 for the person responsible for the treatment and care of a person subject to a forensic order (mental health) or treatment support order.\n- (a) if the person has a mental condition other than an intellectual disability—the provision of involuntary treatment and care for the person’s mental illness or other mental condition;\n- (b) if the person has a dual disability— (i) the provision of involuntary treatment and care for the person’s mental illness; and (ii) the provision of involuntary care for the person’s intellectual disability;\n- (i) the provision of involuntary treatment and care for the person’s mental illness; and\n- (ii) the provision of involuntary care for the person’s intellectual disability;\n- (c) if the category of the order is inpatient—the detention of the person in the authorised mental health service that is responsible for the person.\n- (i) the provision of involuntary treatment and care for the person’s mental illness; and\n- (ii) the provision of involuntary care for the person’s intellectual disability;","sortOrder":195},{"sectionNumber":"sec.152","sectionType":"section","heading":"Matters authorised by forensic orders (disability)","content":"### sec.152 Matters authorised by forensic orders (disability)\n\nA forensic order (disability) for a person authorises each of the following in accordance with the order—\nthe provision of involuntary care for the person’s intellectual disability;\nif the category of the order is inpatient, the person’s detention in—\nif an authorised mental health service is responsible for the person—the authorised mental health service; or\nif the forensic disability service is responsible for the person—the forensic disability service.\nThe person responsible for the care must ensure the order is given effect.\nSee section 15 for the person responsible for the care of a person subject to a forensic order (disability).\n(sec.152-ssec.1) A forensic order (disability) for a person authorises each of the following in accordance with the order— the provision of involuntary care for the person’s intellectual disability; if the category of the order is inpatient, the person’s detention in— if an authorised mental health service is responsible for the person—the authorised mental health service; or if the forensic disability service is responsible for the person—the forensic disability service.\n(sec.152-ssec.2) The person responsible for the care must ensure the order is given effect. See section 15 for the person responsible for the care of a person subject to a forensic order (disability).\n- (a) the provision of involuntary care for the person’s intellectual disability;\n- (b) if the category of the order is inpatient, the person’s detention in— (i) if an authorised mental health service is responsible for the person—the authorised mental health service; or (ii) if the forensic disability service is responsible for the person—the forensic disability service.\n- (i) if an authorised mental health service is responsible for the person—the authorised mental health service; or\n- (ii) if the forensic disability service is responsible for the person—the forensic disability service.\n- (i) if an authorised mental health service is responsible for the person—the authorised mental health service; or\n- (ii) if the forensic disability service is responsible for the person—the forensic disability service.","sortOrder":196},{"sectionNumber":"sec.153","sectionType":"section","heading":"Status of forensic order or treatment support order if amended","content":"### sec.153 Status of forensic order or treatment support order if amended\n\nA forensic order or treatment support order made under this part has effect subject to any amendment of the order—\nby the tribunal under chapter 12 ; or\nby an authorised doctor under section 212 or 216 .\nThe order, as amended, continues as an order of the Mental Health Court.\n(sec.153-ssec.1) A forensic order or treatment support order made under this part has effect subject to any amendment of the order— by the tribunal under chapter 12 ; or by an authorised doctor under section 212 or 216 .\n(sec.153-ssec.2) The order, as amended, continues as an order of the Mental Health Court.\n- (a) by the tribunal under chapter 12 ; or\n- (b) by an authorised doctor under section 212 or 216 .","sortOrder":197},{"sectionNumber":"sec.154","sectionType":"section","heading":"Ending of order made because of temporary unfitness for trial","content":"### sec.154 Ending of order made because of temporary unfitness for trial\n\nThis section applies to any of the following orders to which a person is subject—\na forensic order (mental health), forensic order (disability) or treatment support order made because the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent;\nif the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a forensic order (disability) for the person under section 457 —the forensic order (disability);\nif the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a treatment support order for the person under section 450 —the treatment support order.\nThe order ends if the proceeding against the person for the offence to which the reference relates is discontinued other than under section 490 or 491 .\nSee section 493 in relation to the discontinuance of the proceeding other than under section 490 or 491 .\nAlso, if the tribunal decides on a review under chapter 12 , part 6 that the person is fit for trial, the order ends under section 497 (2) .\n(sec.154-ssec.1) This section applies to any of the following orders to which a person is subject— a forensic order (mental health), forensic order (disability) or treatment support order made because the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent; if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a forensic order (disability) for the person under section 457 —the forensic order (disability); if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a treatment support order for the person under section 450 —the treatment support order.\n(sec.154-ssec.2) The order ends if the proceeding against the person for the offence to which the reference relates is discontinued other than under section 490 or 491 . See section 493 in relation to the discontinuance of the proceeding other than under section 490 or 491 . Also, if the tribunal decides on a review under chapter 12 , part 6 that the person is fit for trial, the order ends under section 497 (2) .\n- (a) a forensic order (mental health), forensic order (disability) or treatment support order made because the Mental Health Court decides the person is unfit for trial and the unfitness for trial is not permanent;\n- (b) if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a forensic order (disability) for the person under section 457 —the forensic order (disability);\n- (c) if the tribunal revokes a forensic order (mental health) mentioned in paragraph (a) and makes a treatment support order for the person under section 450 —the treatment support order.\n- 1 See section 493 in relation to the discontinuance of the proceeding other than under section 490 or 491 .\n- 2 Also, if the tribunal decides on a review under chapter 12 , part 6 that the person is fit for trial, the order ends under section 497 (2) .","sortOrder":198},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":199},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Notice of decisions and orders","content":"## Notice of decisions and orders","sortOrder":200},{"sectionNumber":"sec.155","sectionType":"section","heading":"Notice of decisions and orders","content":"### sec.155 Notice of decisions and orders\n\nThe registrar must, within 7 days after the Mental Health Court makes its decision on a reference, give the following persons written notice of the court’s decision, and any orders made by the court—\neach person who was entitled to be given notice of the reference under section 113 (1) ;\nthe tribunal.\nAlso, if a victim impact statement was given to the court on the hearing of the reference, the registrar must give the tribunal a copy of the statement.\nThe chief executive (justice) must, as soon as practicable after receiving the notice mentioned in subsection (1) , give each of the following persons written notice of the court’s decision—\nthe registrar of the court in which the proceeding for the offence has been brought;\nif the prosecuting authority for the offence is not the director of public prosecutions—the prosecuting authority for the offence.\n(sec.155-ssec.1) The registrar must, within 7 days after the Mental Health Court makes its decision on a reference, give the following persons written notice of the court’s decision, and any orders made by the court— each person who was entitled to be given notice of the reference under section 113 (1) ; the tribunal.\n(sec.155-ssec.2) Also, if a victim impact statement was given to the court on the hearing of the reference, the registrar must give the tribunal a copy of the statement.\n(sec.155-ssec.3) The chief executive (justice) must, as soon as practicable after receiving the notice mentioned in subsection (1) , give each of the following persons written notice of the court’s decision— the registrar of the court in which the proceeding for the offence has been brought; if the prosecuting authority for the offence is not the director of public prosecutions—the prosecuting authority for the offence.\n- (a) each person who was entitled to be given notice of the reference under section 113 (1) ;\n- (b) the tribunal.\n- (a) the registrar of the court in which the proceeding for the offence has been brought;\n- (b) if the prosecuting authority for the offence is not the director of public prosecutions—the prosecuting authority for the offence.","sortOrder":201},{"sectionNumber":"ch.5-pt.5-div.2","sectionType":"division","heading":"Admissibility and use of evidence and transcript","content":"## Admissibility and use of evidence and transcript","sortOrder":202},{"sectionNumber":"sec.156","sectionType":"section","heading":"Definition for div 2","content":"### sec.156 Definition for div 2\n\nIn this division—\nexpert’s report includes a clinical record relevant to a person’s mental condition.","sortOrder":203},{"sectionNumber":"sec.157","sectionType":"section","heading":"Admissibility of expert’s report and transcript at trial","content":"### sec.157 Admissibility of expert’s report and transcript at trial\n\nThis section applies to—\nan expert’s report received in evidence by the Mental Health Court on a reference; and\na transcript of the proceeding of the Mental Health Court on the reference.\nThe report and transcript are admissible at the trial of the person for the offence in relation to the reference, or any other offence alleged to have been committed by the person, only for the following purposes—\ndeciding whether—\nfor the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or\nfor the application of the Criminal Code , section 645 , the person is not of sound mind; or\nthe person was of unsound mind or diminished responsibility when the offence was allegedly committed; or\nthe person should be admitted to an authorised mental health service under a forensic order (Criminal Code);\nsentencing the person.\ns 157 amd 2024 No. 7 s 15\n(sec.157-ssec.1) This section applies to— an expert’s report received in evidence by the Mental Health Court on a reference; and a transcript of the proceeding of the Mental Health Court on the reference.\n(sec.157-ssec.2) The report and transcript are admissible at the trial of the person for the offence in relation to the reference, or any other offence alleged to have been committed by the person, only for the following purposes— deciding whether— for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or for the application of the Criminal Code , section 645 , the person is not of sound mind; or the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or the person should be admitted to an authorised mental health service under a forensic order (Criminal Code); sentencing the person.\n- (a) an expert’s report received in evidence by the Mental Health Court on a reference; and\n- (b) a transcript of the proceeding of the Mental Health Court on the reference.\n- (a) deciding whether— (i) for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or (ii) for the application of the Criminal Code , section 645 , the person is not of sound mind; or (iii) the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or (iv) the person should be admitted to an authorised mental health service under a forensic order (Criminal Code);\n- (i) for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or\n- (ii) for the application of the Criminal Code , section 645 , the person is not of sound mind; or\n- (iii) the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or\n- (iv) the person should be admitted to an authorised mental health service under a forensic order (Criminal Code);\n- (b) sentencing the person.\n- (i) for the application of the Criminal Code , section 613 , the person is not capable of understanding the proceedings; or\n- (ii) for the application of the Criminal Code , section 645 , the person is not of sound mind; or\n- (iii) the person was of unsound mind or diminished responsibility when the offence was allegedly committed; or\n- (iv) the person should be admitted to an authorised mental health service under a forensic order (Criminal Code);","sortOrder":204},{"sectionNumber":"sec.157A","sectionType":"section","heading":"Admissibility of expert’s report and transcript in proceeding before Magistrates Court","content":"### sec.157A Admissibility of expert’s report and transcript in proceeding before Magistrates Court\n\nThis section applies to—\nan expert’s report received in evidence by the Mental Health Court on a reference; and\na transcript of the proceeding of the Mental Health Court on the reference.\nThe report and transcript are admissible in a proceeding before a Magistrates Court for the offence in relation to the reference, or any other offence alleged to have been committed by the person, for the purpose of deciding whether—\nto dismiss a complaint for the offence under section 172 ; or\nto adjourn the hearing of a complaint for the offence under section 173 .\ns 157A ins 2022 No. 1 s 56\namd 2024 No. 7 s 16\n(sec.157A-ssec.1) This section applies to— an expert’s report received in evidence by the Mental Health Court on a reference; and a transcript of the proceeding of the Mental Health Court on the reference.\n(sec.157A-ssec.2) The report and transcript are admissible in a proceeding before a Magistrates Court for the offence in relation to the reference, or any other offence alleged to have been committed by the person, for the purpose of deciding whether— to dismiss a complaint for the offence under section 172 ; or to adjourn the hearing of a complaint for the offence under section 173 .\n- (a) an expert’s report received in evidence by the Mental Health Court on a reference; and\n- (b) a transcript of the proceeding of the Mental Health Court on the reference.\n- (a) to dismiss a complaint for the offence under section 172 ; or\n- (b) to adjourn the hearing of a complaint for the offence under section 173 .","sortOrder":205},{"sectionNumber":"sec.158","sectionType":"section","heading":"Particular statements not admissible","content":"### sec.158 Particular statements not admissible\n\nA statement made by the person the subject of a reference at the hearing of the reference is not admissible in evidence in any civil or criminal proceeding against the person.\nSubsection (1) applies to statements made orally or in writing and whether on oath or otherwise.\nHowever, subsection (1) does not apply to a proceeding for—\ncontempt of the Mental Health Court; or\nan offence against the Criminal Code , chapter 16 .\n(sec.158-ssec.1) A statement made by the person the subject of a reference at the hearing of the reference is not admissible in evidence in any civil or criminal proceeding against the person.\n(sec.158-ssec.2) Subsection (1) applies to statements made orally or in writing and whether on oath or otherwise.\n(sec.158-ssec.3) However, subsection (1) does not apply to a proceeding for— contempt of the Mental Health Court; or an offence against the Criminal Code , chapter 16 .\n- (a) contempt of the Mental Health Court; or\n- (b) an offence against the Criminal Code , chapter 16 .","sortOrder":206},{"sectionNumber":"sec.159","sectionType":"section","heading":"Issue of mental condition may be raised at trial","content":"### sec.159 Issue of mental condition may be raised at trial\n\nA decision by the Mental Health Court on a reference in relation to a person does not prevent the person raising the issue of the person’s mental condition at the person’s trial for the offence.\nIf the issue of the person’s mental condition is raised at the person’s trial, the Mental Health Court’s decision is admissible for sentencing, but is not otherwise admissible at the trial.\n(sec.159-ssec.1) A decision by the Mental Health Court on a reference in relation to a person does not prevent the person raising the issue of the person’s mental condition at the person’s trial for the offence.\n(sec.159-ssec.2) If the issue of the person’s mental condition is raised at the person’s trial, the Mental Health Court’s decision is admissible for sentencing, but is not otherwise admissible at the trial.","sortOrder":207},{"sectionNumber":"sec.160","sectionType":"section","heading":"Other use of expert’s report","content":"### sec.160 Other use of expert’s report\n\nThis section applies to an expert’s report filed in the Mental Health Court Registry for a proceeding on a reference.\nThe report may be given to, and used by, a person only with the leave of the court.\nThe court may grant the leave subject to the conditions it considers appropriate.\nDespite subsection (2) , if the report has been received in evidence by the court on the reference, the report may be given to—\nif an authorised mental health service is responsible for the person the subject of the reference—the administrator of the service; or\nif the forensic disability service is responsible for the person the subject of the reference—the administrator of the service; or\nthe tribunal for conducting a review.\ns 160 sub 2024 No. 7 s 17\n(sec.160-ssec.1) This section applies to an expert’s report filed in the Mental Health Court Registry for a proceeding on a reference.\n(sec.160-ssec.2) The report may be given to, and used by, a person only with the leave of the court.\n(sec.160-ssec.3) The court may grant the leave subject to the conditions it considers appropriate.\n(sec.160-ssec.4) Despite subsection (2) , if the report has been received in evidence by the court on the reference, the report may be given to— if an authorised mental health service is responsible for the person the subject of the reference—the administrator of the service; or if the forensic disability service is responsible for the person the subject of the reference—the administrator of the service; or the tribunal for conducting a review.\n- (a) if an authorised mental health service is responsible for the person the subject of the reference—the administrator of the service; or\n- (b) if the forensic disability service is responsible for the person the subject of the reference—the administrator of the service; or\n- (c) the tribunal for conducting a review.","sortOrder":208},{"sectionNumber":"ch.5-pt.5-div.3","sectionType":"division","heading":"Victim impact statements","content":"## Victim impact statements","sortOrder":209},{"sectionNumber":"sec.161","sectionType":"section","heading":"Application of div 3","content":"### sec.161 Application of div 3\n\nThis division applies if, on a reference in relation to a person, the Mental Health Court decides the person—\nwas of unsound mind when the offence was allegedly committed; or\nis unfit for trial.\n- (a) was of unsound mind when the offence was allegedly committed; or\n- (b) is unfit for trial.","sortOrder":210},{"sectionNumber":"sec.162","sectionType":"section","heading":"Preparation of victim impact statement","content":"### sec.162 Preparation of victim impact statement\n\nA victim of the relevant unlawful act, or a close relative of the victim, may prepare, and give the prosecuting authority for the relevant unlawful act, a victim impact statement in relation to the relevant unlawful act, for the purpose of the prosecuting authority producing the statement to the Mental Health Court.\nThe victim impact statement may include—\nthe views of the victim or close relative about the risk the person the subject of the reference represents to the victim or close relative or another person; and\na request by the victim or close relative that the Mental Health Court impose, in any forensic order or treatment support order made for the person the subject of the reference, a condition that the person must not contact—\nthe victim or close relative; or\nanother individual, including, for example, another close relative of the victim.\n(sec.162-ssec.1) A victim of the relevant unlawful act, or a close relative of the victim, may prepare, and give the prosecuting authority for the relevant unlawful act, a victim impact statement in relation to the relevant unlawful act, for the purpose of the prosecuting authority producing the statement to the Mental Health Court.\n(sec.162-ssec.2) The victim impact statement may include— the views of the victim or close relative about the risk the person the subject of the reference represents to the victim or close relative or another person; and a request by the victim or close relative that the Mental Health Court impose, in any forensic order or treatment support order made for the person the subject of the reference, a condition that the person must not contact— the victim or close relative; or another individual, including, for example, another close relative of the victim.\n- (a) the views of the victim or close relative about the risk the person the subject of the reference represents to the victim or close relative or another person; and\n- (b) a request by the victim or close relative that the Mental Health Court impose, in any forensic order or treatment support order made for the person the subject of the reference, a condition that the person must not contact— (i) the victim or close relative; or (ii) another individual, including, for example, another close relative of the victim.\n- (i) the victim or close relative; or\n- (ii) another individual, including, for example, another close relative of the victim.\n- (i) the victim or close relative; or\n- (ii) another individual, including, for example, another close relative of the victim.","sortOrder":211},{"sectionNumber":"sec.163","sectionType":"section","heading":"Production of victim impact statement by prosecuting authority","content":"### sec.163 Production of victim impact statement by prosecuting authority\n\nIf a victim of the relevant unlawful act, or a close relative of the victim, gives the prosecuting authority a victim impact statement, the prosecuting authority must give the statement to the Mental Health Court.","sortOrder":212},{"sectionNumber":"sec.164","sectionType":"section","heading":"Restrictions on disclosing victim impact statement","content":"### sec.164 Restrictions on disclosing victim impact statement\n\nThe Mental Health Court must not disclose the victim impact statement to the person the subject of the reference unless the victim or close relative asks that the statement be disclosed to the person.\nDespite a request mentioned in subsection (1) , the court may, by order, prohibit the disclosure of the victim impact statement to the person if satisfied the disclosure may adversely affect the health and wellbeing of the person.\nA person must not contravene an order made under subsection (2) unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nThis section does not prevent the court disclosing the victim impact statement to a lawyer of the person the subject of the reference if satisfied the disclosure is in the best interests of the person.\nSubject to subsection (3) , the person’s lawyer may disclose the victim impact statement to the person only if the victim or close relative asks that the statement be disclosed to the person.\nThe person’s lawyer must not disclose the victim impact statement to the person in contravention of subsection (5) unless the lawyer has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIn this section—\nlawyer , of a person, includes another representative of the person.\n(sec.164-ssec.1) The Mental Health Court must not disclose the victim impact statement to the person the subject of the reference unless the victim or close relative asks that the statement be disclosed to the person.\n(sec.164-ssec.2) Despite a request mentioned in subsection (1) , the court may, by order, prohibit the disclosure of the victim impact statement to the person if satisfied the disclosure may adversely affect the health and wellbeing of the person.\n(sec.164-ssec.3) A person must not contravene an order made under subsection (2) unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.164-ssec.4) This section does not prevent the court disclosing the victim impact statement to a lawyer of the person the subject of the reference if satisfied the disclosure is in the best interests of the person.\n(sec.164-ssec.5) Subject to subsection (3) , the person’s lawyer may disclose the victim impact statement to the person only if the victim or close relative asks that the statement be disclosed to the person.\n(sec.164-ssec.6) The person’s lawyer must not disclose the victim impact statement to the person in contravention of subsection (5) unless the lawyer has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.164-ssec.7) In this section— lawyer , of a person, includes another representative of the person.","sortOrder":213},{"sectionNumber":"sec.165","sectionType":"section","heading":"Use of victim impact statement by Mental Health Court","content":"### sec.165 Use of victim impact statement by Mental Health Court\n\nThis section applies if the Mental Health Court is required to have regard to a victim impact statement in deciding a matter under part 4 .\nThe court may place the weight on the victim impact statement it considers appropriate.\n(sec.165-ssec.1) This section applies if the Mental Health Court is required to have regard to a victim impact statement in deciding a matter under part 4 .\n(sec.165-ssec.2) The court may place the weight on the victim impact statement it considers appropriate.","sortOrder":214},{"sectionNumber":"ch.5-pt.5-div.4","sectionType":"division","heading":"Persons subject to existing orders or authorities","content":"## Persons subject to existing orders or authorities","sortOrder":215},{"sectionNumber":"sec.166","sectionType":"section","heading":"Person subject to existing forensic order","content":"### sec.166 Person subject to existing forensic order\n\nThis section applies if the Mental Health Court is required under this chapter to make a forensic order (a new forensic order ) for a person who is already subject to a forensic order (the existing forensic order ).\nThe court may—\namend the existing forensic order for the person; or\nrevoke the existing forensic order for the person and make a new forensic order for the person.\nIf there is an information notice relating to the person, the revocation of the existing forensic order under this section does not affect the information notice. See section 322 .\n(sec.166-ssec.1) This section applies if the Mental Health Court is required under this chapter to make a forensic order (a new forensic order ) for a person who is already subject to a forensic order (the existing forensic order ).\n(sec.166-ssec.2) The court may— amend the existing forensic order for the person; or revoke the existing forensic order for the person and make a new forensic order for the person. If there is an information notice relating to the person, the revocation of the existing forensic order under this section does not affect the information notice. See section 322 .\n- (a) amend the existing forensic order for the person; or\n- (b) revoke the existing forensic order for the person and make a new forensic order for the person.","sortOrder":216},{"sectionNumber":"sec.166A","sectionType":"section","heading":"Person subject to existing treatment support order","content":"### sec.166A Person subject to existing treatment support order\n\nThis section applies if the Mental Health Court is required under this chapter to make a forensic order for a person who is already subject to a treatment support order.\nThe court may—\nrevoke the treatment support order and make a forensic order for the person; or\namend the treatment support order to—\nconvert the treatment support order into a forensic order for the person; and\nmake other necessary changes to the order.\nIf there is an information notice relating to the person, the revocation or amendment of the treatment support order under subsection (2) does not affect the information notice. See section 322 .\ns 166A ins 2022 No. 1 s 58\n(sec.166A-ssec.1) This section applies if the Mental Health Court is required under this chapter to make a forensic order for a person who is already subject to a treatment support order.\n(sec.166A-ssec.2) The court may— revoke the treatment support order and make a forensic order for the person; or amend the treatment support order to— convert the treatment support order into a forensic order for the person; and make other necessary changes to the order. If there is an information notice relating to the person, the revocation or amendment of the treatment support order under subsection (2) does not affect the information notice. See section 322 .\n- (a) revoke the treatment support order and make a forensic order for the person; or\n- (b) amend the treatment support order to— (i) convert the treatment support order into a forensic order for the person; and (ii) make other necessary changes to the order.\n- (i) convert the treatment support order into a forensic order for the person; and\n- (ii) make other necessary changes to the order.\n- (i) convert the treatment support order into a forensic order for the person; and\n- (ii) make other necessary changes to the order.","sortOrder":217},{"sectionNumber":"sec.167","sectionType":"section","heading":"Person subject to existing treatment authority","content":"### sec.167 Person subject to existing treatment authority\n\nThis section applies if the Mental Health Court makes a forensic order (mental health) for a person who is subject to a treatment authority.\nOn the making of the forensic order (mental health), the treatment authority ends.\nNothing in this section prevents the court making a forensic order (disability) for a person who is subject to a treatment authority.\nIf a treatment authority for a person is inconsistent with a forensic order (disability) for the person, the forensic order (disability) prevails to the extent of the inconsistency.\ns 167 sub 2022 No. 1 s 58\n(sec.167-ssec.1) This section applies if the Mental Health Court makes a forensic order (mental health) for a person who is subject to a treatment authority.\n(sec.167-ssec.2) On the making of the forensic order (mental health), the treatment authority ends.\n(sec.167-ssec.3) Nothing in this section prevents the court making a forensic order (disability) for a person who is subject to a treatment authority.\n(sec.167-ssec.4) If a treatment authority for a person is inconsistent with a forensic order (disability) for the person, the forensic order (disability) prevails to the extent of the inconsistency.","sortOrder":218},{"sectionNumber":"sec.167A","sectionType":"section","heading":"Person subject to existing treatment support order","content":"### sec.167A Person subject to existing treatment support order\n\nThis section applies if the Mental Health Court is required under this chapter to make a treatment support order (a new treatment support order ) for a person who is already subject to a treatment support order (the existing treatment support order ).\nThe court may—\namend the existing treatment support order for the person; or\nrevoke the existing treatment support order for the person and make a new treatment support order for the person.\nIf there is an information notice relating to the person, the revocation of the existing treatment support order under this section does not affect the information notice. See section 322 .\ns 167A ins 2017 No. 3 s 12\n(sec.167A-ssec.1) This section applies if the Mental Health Court is required under this chapter to make a treatment support order (a new treatment support order ) for a person who is already subject to a treatment support order (the existing treatment support order ).\n(sec.167A-ssec.2) The court may— amend the existing treatment support order for the person; or revoke the existing treatment support order for the person and make a new treatment support order for the person. If there is an information notice relating to the person, the revocation of the existing treatment support order under this section does not affect the information notice. See section 322 .\n- (a) amend the existing treatment support order for the person; or\n- (b) revoke the existing treatment support order for the person and make a new treatment support order for the person. Note— If there is an information notice relating to the person, the revocation of the existing treatment support order under this section does not affect the information notice. See section 322 .","sortOrder":219},{"sectionNumber":"sec.167B","sectionType":"section","heading":"Person subject to existing forensic order","content":"### sec.167B Person subject to existing forensic order\n\nThis section applies if the Mental Health Court is required under this chapter to make a treatment support order for a person who is already subject to a forensic order.\nThe court may—\nrevoke the forensic order and make a treatment support order for the person; or\namend the forensic order to—\nconvert the forensic order into a treatment support order for the person; and\nmake other necessary changes to the order.\nIf there is an information notice relating to the person, the revocation or amendment of the forensic order under subsection (2) does not affect the information notice. See section 322 .\ns 167B ins 2022 No. 1 s 59\n(sec.167B-ssec.1) This section applies if the Mental Health Court is required under this chapter to make a treatment support order for a person who is already subject to a forensic order.\n(sec.167B-ssec.2) The court may— revoke the forensic order and make a treatment support order for the person; or amend the forensic order to— convert the forensic order into a treatment support order for the person; and make other necessary changes to the order. If there is an information notice relating to the person, the revocation or amendment of the forensic order under subsection (2) does not affect the information notice. See section 322 .\n- (a) revoke the forensic order and make a treatment support order for the person; or\n- (b) amend the forensic order to— (i) convert the forensic order into a treatment support order for the person; and (ii) make other necessary changes to the order.\n- (i) convert the forensic order into a treatment support order for the person; and\n- (ii) make other necessary changes to the order.\n- (i) convert the forensic order into a treatment support order for the person; and\n- (ii) make other necessary changes to the order.","sortOrder":220},{"sectionNumber":"sec.167C","sectionType":"section","heading":"Person subject to existing treatment authority","content":"### sec.167C Person subject to existing treatment authority\n\nThis section applies if the Mental Health Court makes a treatment support order for a person who is already subject to a treatment authority.\nOn the making of the treatment support order, the treatment authority ends.\ns 167C ins 2022 No. 1 s 59\n(sec.167C-ssec.1) This section applies if the Mental Health Court makes a treatment support order for a person who is already subject to a treatment authority.\n(sec.167C-ssec.2) On the making of the treatment support order, the treatment authority ends.","sortOrder":221},{"sectionNumber":"ch.5-pt.5-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":222},{"sectionNumber":"sec.168","sectionType":"section","heading":"Relationship with ch 16 , pt 1","content":"### sec.168 Relationship with ch 16 , pt 1\n\nTo the extent of any inconsistency with chapter 16 , part 1 , this chapter prevails.","sortOrder":223},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":224},{"sectionNumber":"sec.169","sectionType":"section","heading":"Purpose of ch 6","content":"### sec.169 Purpose of ch 6\n\nThe purpose of this chapter is to provide for appropriate powers and processes for courts hearing criminal proceedings and for related matters, including—\npowers for Magistrates Courts, the District Court and the Supreme Court to deal with cases where there is a concern about the mental state of a person charged with an offence, including by making a reference to the Mental Health Court; and\nthe admission of persons subject to forensic orders (Criminal Code) to authorised mental health services; and\nthe detention of persons in authorised mental health services during trial.\n- (a) powers for Magistrates Courts, the District Court and the Supreme Court to deal with cases where there is a concern about the mental state of a person charged with an offence, including by making a reference to the Mental Health Court; and\n- (b) the admission of persons subject to forensic orders (Criminal Code) to authorised mental health services; and\n- (c) the detention of persons in authorised mental health services during trial.","sortOrder":225},{"sectionNumber":"sec.170","sectionType":"section","heading":"Childrens Court","content":"### sec.170 Childrens Court\n\nIn this chapter, a reference to a Magistrates Court, in relation to a person charged with an offence, is taken to include a reference to the Childrens Court if the person charged with the offence is being dealt with under the Youth Justice Act 1992 .\nSee the Youth Justice Act 1992 , section 63 in relation to the powers and jurisdiction of the District Court in its criminal jurisdiction conferred on a Childrens Court judge.","sortOrder":226},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Magistrates Courts","content":"# Magistrates Courts","sortOrder":227},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":228},{"sectionNumber":"sec.171","sectionType":"section","heading":"Definition for div 1","content":"### sec.171 Definition for div 1\n\nIn this division—\nsimple offence see the Justices Act 1886 , section 4 .","sortOrder":229},{"sectionNumber":"sec.172","sectionType":"section","heading":"Power to dismiss complaint—unsound mind or unfitness for trial","content":"### sec.172 Power to dismiss complaint—unsound mind or unfitness for trial\n\nThis section applies if—\na complaint for a simple offence is to be heard and determined by a Magistrates Court; and\nthe court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence—\nwas, or appears to have been, of unsound mind when the offence was allegedly committed; or\nis unfit for trial.\nThe court may dismiss the complaint.\nSee the Justices Act 1886 , section 222 in relation to appeals to a District Court judge from an order made in a summary way on a complaint for an offence.\n(sec.172-ssec.1) This section applies if— a complaint for a simple offence is to be heard and determined by a Magistrates Court; and the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence— was, or appears to have been, of unsound mind when the offence was allegedly committed; or is unfit for trial.\n(sec.172-ssec.2) The court may dismiss the complaint. See the Justices Act 1886 , section 222 in relation to appeals to a District Court judge from an order made in a summary way on a complaint for an offence.\n- (a) a complaint for a simple offence is to be heard and determined by a Magistrates Court; and\n- (b) the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence— (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or (ii) is unfit for trial.\n- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial.\n- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial.","sortOrder":230},{"sectionNumber":"sec.173","sectionType":"section","heading":"Power to adjourn hearing of complaint—temporary unfitness for trial","content":"### sec.173 Power to adjourn hearing of complaint—temporary unfitness for trial\n\nThis section applies if—\na complaint for a simple offence is to be heard and determined by a Magistrates Court; and\nthe court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence—\nis unfit for trial; but\nis likely to become fit for trial within 6 months.\nThe court may adjourn the hearing of the complaint.\nHowever, if the court is reasonably satisfied, on the balance of probabilities, that the person is still unfit for trial 6 months after the hearing of the complaint was adjourned, the court may dismiss the complaint under section 172 (2) .\nThis section does not limit the court’s power under section 172 .\n(sec.173-ssec.1) This section applies if— a complaint for a simple offence is to be heard and determined by a Magistrates Court; and the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence— is unfit for trial; but is likely to become fit for trial within 6 months.\n(sec.173-ssec.2) The court may adjourn the hearing of the complaint.\n(sec.173-ssec.3) However, if the court is reasonably satisfied, on the balance of probabilities, that the person is still unfit for trial 6 months after the hearing of the complaint was adjourned, the court may dismiss the complaint under section 172 (2) .\n(sec.173-ssec.4) This section does not limit the court’s power under section 172 .\n- (a) a complaint for a simple offence is to be heard and determined by a Magistrates Court; and\n- (b) the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence— (i) is unfit for trial; but (ii) is likely to become fit for trial within 6 months.\n- (i) is unfit for trial; but\n- (ii) is likely to become fit for trial within 6 months.\n- (i) is unfit for trial; but\n- (ii) is likely to become fit for trial within 6 months.","sortOrder":231},{"sectionNumber":"sec.174","sectionType":"section","heading":"Power to refer person to appropriate agency or entity","content":"### sec.174 Power to refer person to appropriate agency or entity\n\nThis section applies if a Magistrates Court—\nhas dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; and\nis reasonably satisfied the person charged with the offence does not appear to have a mental illness.\nThe court may refer the person to—\na relevant agency for appropriate care; or\nthe health department or another entity the court considers appropriate for treatment and care.\nIn this section—\nhealth department means the department in which the Hospital and Health Boards Act 2011 is administered.\nrelevant agency means—\nthe department in which the Disability Services Act 2006 is administered; or\nthe National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n(sec.174-ssec.1) This section applies if a Magistrates Court— has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; and is reasonably satisfied the person charged with the offence does not appear to have a mental illness.\n(sec.174-ssec.2) The court may refer the person to— a relevant agency for appropriate care; or the health department or another entity the court considers appropriate for treatment and care.\n(sec.174-ssec.3) In this section— health department means the department in which the Hospital and Health Boards Act 2011 is administered. relevant agency means— the department in which the Disability Services Act 2006 is administered; or the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth) .\n- (a) has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; and\n- (b) is reasonably satisfied the person charged with the offence does not appear to have a mental illness.\n- (a) a relevant agency for appropriate care; or\n- (b) the health department or another entity the court considers appropriate for treatment and care.\n- (a) the department in which the Disability Services Act 2006 is administered; or\n- (b) the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 (Cwlth) .","sortOrder":232},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"References to Mental Health Court","content":"## References to Mental Health Court","sortOrder":233},{"sectionNumber":"sec.175","sectionType":"section","heading":"When reference may be made","content":"### sec.175 When reference may be made\n\nThis section applies if, in a proceeding before a Magistrates Court against a person charged with an indictable offence other than an offence against a law of the Commonwealth, the court is reasonably satisfied, on the balance of probabilities, that—\nthe person—\nwas, or appears to have been, of unsound mind when the offence was allegedly committed; or\nis unfit for trial; and\nboth of the following apply—\nthe nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community;\nthe making of a forensic order or treatment support order for the person may be justified.\nThe court may, in the way set out in section 176 , refer to the Mental Health Court the matter of the person’s mental state relating to—\nthe indictable offence; and\nan associated offence.\n(sec.175-ssec.1) This section applies if, in a proceeding before a Magistrates Court against a person charged with an indictable offence other than an offence against a law of the Commonwealth, the court is reasonably satisfied, on the balance of probabilities, that— the person— was, or appears to have been, of unsound mind when the offence was allegedly committed; or is unfit for trial; and both of the following apply— the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community; the making of a forensic order or treatment support order for the person may be justified.\n(sec.175-ssec.2) The court may, in the way set out in section 176 , refer to the Mental Health Court the matter of the person’s mental state relating to— the indictable offence; and an associated offence.\n- (a) the person— (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or (ii) is unfit for trial; and\n- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial; and\n- (b) both of the following apply— (i) the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community; (ii) the making of a forensic order or treatment support order for the person may be justified.\n- (i) the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community;\n- (ii) the making of a forensic order or treatment support order for the person may be justified.\n- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or\n- (ii) is unfit for trial; and\n- (i) the nature and circumstances of the offence create an exceptional circumstance in relation to the protection of the community;\n- (ii) the making of a forensic order or treatment support order for the person may be justified.\n- (a) the indictable offence; and\n- (b) an associated offence.","sortOrder":234},{"sectionNumber":"sec.176","sectionType":"section","heading":"How reference is made","content":"### sec.176 How reference is made\n\nThe registrar of a Magistrates Court that makes a reference under section 175 in relation to a person must file a notice of the reference in the approved form in the Mental Health Court Registry.\nThe notice must state each offence in relation to which the person’s mental state is referred.\nThe notice must be accompanied by a copy of any report produced to the court relating to the person’s mental state.\n(sec.176-ssec.1) The registrar of a Magistrates Court that makes a reference under section 175 in relation to a person must file a notice of the reference in the approved form in the Mental Health Court Registry.\n(sec.176-ssec.2) The notice must state each offence in relation to which the person’s mental state is referred.\n(sec.176-ssec.3) The notice must be accompanied by a copy of any report produced to the court relating to the person’s mental state.","sortOrder":235},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Examination orders","content":"## Examination orders","sortOrder":236},{"sectionNumber":"sec.177","sectionType":"section","heading":"Power to make examination order for person charged with simple offence","content":"### sec.177 Power to make examination order for person charged with simple offence\n\nThis section applies if—\na Magistrates Court—\nhas dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; or\nis reasonably satisfied that a person charged with a simple offence would benefit from an examination by an authorised doctor; and\nthe court—\nis reasonably satisfied the person has a mental illness; or\nis unable to decide whether the person has a mental illness or another mental condition.\nThe court may make an order (an examination order ) in relation to the person.\nAn examination order is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\nAlso, if the complaint has not been dismissed under section 172 and the hearing of the complaint has not been adjourned under section 173 , the court may adjourn the hearing of the complaint.\nThe examination order authorises an authorised doctor for the authorised mental health service or public sector health service facility stated in the order to examine the person, without the person’s consent, to decide whether to—\nmake a treatment authority for the person; or\nmake a recommendation for the person’s treatment and care; or\nif the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.\nAlso, the examination order may—\ndirect an authorised person to transport the person immediately to the authorised mental health service; or\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\ndirect the person to attend at the authorised mental health service or public sector health service facility within a stated time, of not more than 28 days, after the order is made.\nSee chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .\nThe registrar of the court must, as soon as practicable after the examination order is made, give written notice of the order to—\nif an authorised mental health service is stated in the order—the administrator of the service; or\nif a public sector health service facility is stated in the order—the person in charge of the facility.\ns 177 amd 2017 No. 3 s 13\n(sec.177-ssec.1) This section applies if— a Magistrates Court— has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; or is reasonably satisfied that a person charged with a simple offence would benefit from an examination by an authorised doctor; and the court— is reasonably satisfied the person has a mental illness; or is unable to decide whether the person has a mental illness or another mental condition.\n(sec.177-ssec.2) The court may make an order (an examination order ) in relation to the person. An examination order is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n(sec.177-ssec.3) Also, if the complaint has not been dismissed under section 172 and the hearing of the complaint has not been adjourned under section 173 , the court may adjourn the hearing of the complaint.\n(sec.177-ssec.4) The examination order authorises an authorised doctor for the authorised mental health service or public sector health service facility stated in the order to examine the person, without the person’s consent, to decide whether to— make a treatment authority for the person; or make a recommendation for the person’s treatment and care; or if the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.\n(sec.177-ssec.5) Also, the examination order may— direct an authorised person to transport the person immediately to the authorised mental health service; or For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . direct the person to attend at the authorised mental health service or public sector health service facility within a stated time, of not more than 28 days, after the order is made. See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .\n(sec.177-ssec.6) The registrar of the court must, as soon as practicable after the examination order is made, give written notice of the order to— if an authorised mental health service is stated in the order—the administrator of the service; or if a public sector health service facility is stated in the order—the person in charge of the facility.\n- (a) a Magistrates Court— (i) has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; or (ii) is reasonably satisfied that a person charged with a simple offence would benefit from an examination by an authorised doctor; and\n- (i) has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; or\n- (ii) is reasonably satisfied that a person charged with a simple offence would benefit from an examination by an authorised doctor; and\n- (b) the court— (i) is reasonably satisfied the person has a mental illness; or (ii) is unable to decide whether the person has a mental illness or another mental condition.\n- (i) is reasonably satisfied the person has a mental illness; or\n- (ii) is unable to decide whether the person has a mental illness or another mental condition.\n- (i) has dismissed a complaint under section 172 or adjourned the hearing of a complaint under section 173 ; or\n- (ii) is reasonably satisfied that a person charged with a simple offence would benefit from an examination by an authorised doctor; and\n- (i) is reasonably satisfied the person has a mental illness; or\n- (ii) is unable to decide whether the person has a mental illness or another mental condition.\n- (a) make a treatment authority for the person; or\n- (b) make a recommendation for the person’s treatment and care; or\n- (c) if the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.\n- (a) direct an authorised person to transport the person immediately to the authorised mental health service; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (b) direct the person to attend at the authorised mental health service or public sector health service facility within a stated time, of not more than 28 days, after the order is made. Note— See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .\n- (a) if an authorised mental health service is stated in the order—the administrator of the service; or\n- (b) if a public sector health service facility is stated in the order—the person in charge of the facility.","sortOrder":237},{"sectionNumber":"sec.178","sectionType":"section","heading":"Examination of person","content":"### sec.178 Examination of person\n\nFor the purpose of examining the person, the person may be detained in the relevant service for a period (the examination period ) of not more than 6 hours starting—\nif the person is at the relevant service when the examination order is made—when the order is made; or\nif the person is transported to the relevant service under the examination order—when the person first arrives at the relevant service for the examination; or\nif the person attends at the relevant service under the order—when the person first attends at the service under the order.\nHowever, an authorised doctor or authorised mental health practitioner may extend, or further extend, the examination period before it ends to not more than 12 hours after it starts if the authorised doctor or authorised mental health practitioner reasonably believes the extension is necessary to carry out or finish the examination of the person.\nThe authorised doctor who examines the person may—\nmake a treatment authority for the person; or\nmake a recommendation for the person’s treatment and care; or\ndecide the person does not require treatment and care; or\nif the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.\nFor subsection (3) (a) , section 48 applies as if a reference in the section to the assessment of a person under chapter 2 , part 3 were a reference to the examination of the person under an examination order.\nIf the authorised doctor makes a recommendation under subsection (3) (b) for the person’s treatment and care, the authorised doctor must explain to the person the benefits of being treated voluntarily in accordance with the recommendation.\nSee section 55 for the matters the authorised doctor must tell, and explain to, the person if the authorised doctor makes a treatment authority for the person as mentioned in subsection (3) (a) .\nIn this section—\nrelevant service means the authorised mental health service or public sector health service facility stated in the examination order.\ns 178 amd 2017 No. 3 s 14\n(sec.178-ssec.1) For the purpose of examining the person, the person may be detained in the relevant service for a period (the examination period ) of not more than 6 hours starting— if the person is at the relevant service when the examination order is made—when the order is made; or if the person is transported to the relevant service under the examination order—when the person first arrives at the relevant service for the examination; or if the person attends at the relevant service under the order—when the person first attends at the service under the order.\n(sec.178-ssec.2) However, an authorised doctor or authorised mental health practitioner may extend, or further extend, the examination period before it ends to not more than 12 hours after it starts if the authorised doctor or authorised mental health practitioner reasonably believes the extension is necessary to carry out or finish the examination of the person.\n(sec.178-ssec.3) The authorised doctor who examines the person may— make a treatment authority for the person; or make a recommendation for the person’s treatment and care; or decide the person does not require treatment and care; or if the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.\n(sec.178-ssec.4) For subsection (3) (a) , section 48 applies as if a reference in the section to the assessment of a person under chapter 2 , part 3 were a reference to the examination of the person under an examination order.\n(sec.178-ssec.5) If the authorised doctor makes a recommendation under subsection (3) (b) for the person’s treatment and care, the authorised doctor must explain to the person the benefits of being treated voluntarily in accordance with the recommendation. See section 55 for the matters the authorised doctor must tell, and explain to, the person if the authorised doctor makes a treatment authority for the person as mentioned in subsection (3) (a) .\n(sec.178-ssec.6) In this section— relevant service means the authorised mental health service or public sector health service facility stated in the examination order. s 178 amd 2017 No. 3 s 14\n- (a) if the person is at the relevant service when the examination order is made—when the order is made; or\n- (b) if the person is transported to the relevant service under the examination order—when the person first arrives at the relevant service for the examination; or\n- (c) if the person attends at the relevant service under the order—when the person first attends at the service under the order.\n- (a) make a treatment authority for the person; or\n- (b) make a recommendation for the person’s treatment and care; or\n- (c) decide the person does not require treatment and care; or\n- (d) if the person is already subject to a treatment authority, forensic order (mental health), forensic order (disability) or treatment support order—change the nature and extent of the treatment and care to be provided to the person under the authority or order.","sortOrder":238},{"sectionNumber":"sec.179","sectionType":"section","heading":"Examination report","content":"### sec.179 Examination report\n\nThe authorised doctor must prepare a report (an examination report ) stating each of the following—\ndetails of the examination carried out under the examination order;\nthe recommendation or decision made under section 178 (3) ;\nif the authorised doctor makes a recommendation under section 178 (3) (b) for the person’s treatment and care—details of the explanation given to the person of the benefits of being treated voluntarily in accordance with the recommendation.\n- (a) details of the examination carried out under the examination order;\n- (b) the recommendation or decision made under section 178 (3) ;\n- (c) if the authorised doctor makes a recommendation under section 178 (3) (b) for the person’s treatment and care—details of the explanation given to the person of the benefits of being treated voluntarily in accordance with the recommendation.","sortOrder":239},{"sectionNumber":"sec.180","sectionType":"section","heading":"Admissibility of examination report at trial","content":"### sec.180 Admissibility of examination report at trial\n\nAn examination report is admissible at the trial of the person for an offence only for the following purposes—\ndeciding under this Act whether to make another examination order for the person;\ndeciding under this Act whether to refer to the Mental Health Court the matter of the person’s mental state relating to the offence.\ns 180 sub 2017 No. 3 s 15\n- (a) deciding under this Act whether to make another examination order for the person;\n- (b) deciding under this Act whether to refer to the Mental Health Court the matter of the person’s mental state relating to the offence.","sortOrder":240},{"sectionNumber":"sec.180A","sectionType":"section","heading":"Particular statements not admissible","content":"### sec.180A Particular statements not admissible\n\nNeither of the following is admissible in evidence against the person in any civil or criminal proceeding—\na statement made by the person during an examination of the person under an examination order;\na statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 .\nSubsection (1) applies to statements made orally or in writing and whether on oath or otherwise.\nHowever, subsection (1) does not apply to a proceeding for—\ncontempt of the court; or\nan offence against the Criminal Code , chapter 16 .\nAlso, subsection (1) (b) does not apply to a proceeding before the Mental Health Court.\ns 180A ins 2017 No. 3 s 15\namd 2022 No. 1 s 60\n(sec.180A-ssec.1) Neither of the following is admissible in evidence against the person in any civil or criminal proceeding— a statement made by the person during an examination of the person under an examination order; a statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 .\n(sec.180A-ssec.2) Subsection (1) applies to statements made orally or in writing and whether on oath or otherwise.\n(sec.180A-ssec.3) However, subsection (1) does not apply to a proceeding for— contempt of the court; or an offence against the Criminal Code , chapter 16 .\n(sec.180A-ssec.4) Also, subsection (1) (b) does not apply to a proceeding before the Mental Health Court.\n- (a) a statement made by the person during an examination of the person under an examination order;\n- (b) a statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 .\n- (a) contempt of the court; or\n- (b) an offence against the Criminal Code , chapter 16 .","sortOrder":241},{"sectionNumber":"sec.180B","sectionType":"section","heading":"Other use of examination report and particular statements","content":"### sec.180B Other use of examination report and particular statements\n\nThis section applies to each of the following relating to a person—\nan examination report made for the person;\na statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 .\nThe report or statement may be given to—\nif an authorised mental health service is responsible for the person—the administrator of the service; or\nif the forensic disability service is responsible for the person—the administrator of the service.\nIf the report or statement is received in evidence by a Magistrates Court, the report or statement may be given to, and used by, another person only with the leave of the court.\nThe court may grant the leave subject to the conditions it considers appropriate.\nAn administrator who receives a report or statement under subsection (2) must include the report or statement in the person’s health records.\ns 180B ins 2017 No. 3 s 15\n(sec.180B-ssec.1) This section applies to each of the following relating to a person— an examination report made for the person; a statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 .\n(sec.180B-ssec.2) The report or statement may be given to— if an authorised mental health service is responsible for the person—the administrator of the service; or if the forensic disability service is responsible for the person—the administrator of the service.\n(sec.180B-ssec.3) If the report or statement is received in evidence by a Magistrates Court, the report or statement may be given to, and used by, another person only with the leave of the court.\n(sec.180B-ssec.4) The court may grant the leave subject to the conditions it considers appropriate.\n(sec.180B-ssec.5) An administrator who receives a report or statement under subsection (2) must include the report or statement in the person’s health records.\n- (a) an examination report made for the person;\n- (b) a statement made by the person to a health practitioner for the purpose of a Magistrates Court making a decision about the person under section 172 or 173 .\n- (a) if an authorised mental health service is responsible for the person—the administrator of the service; or\n- (b) if the forensic disability service is responsible for the person—the administrator of the service.","sortOrder":242},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Supreme Court and District Court","content":"# Supreme Court and District Court","sortOrder":243},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Making reference to Mental Health Court if person pleads guilty to indictable offence","content":"## Making reference to Mental Health Court if person pleads guilty to indictable offence","sortOrder":244},{"sectionNumber":"sec.181","sectionType":"section","heading":"Application of div 1","content":"### sec.181 Application of div 1\n\nThis division applies if—\na person appears before the Supreme Court or District Court in a relevant proceeding for a charge of an indictable offence, other than an offence against a law of the Commonwealth; and\nthe court is reasonably satisfied, on the balance of probabilities, that the person—\nwas, or appears to have been, of unsound mind when the offence was allegedly committed; or\nfor the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or\nis unfit for trial.\nIn this section—\nrelevant proceeding , for a person charged with an indictable offence, means—\nif the person pleads guilty to the charge at the person’s trial—the person’s trial; or\nif the person has pleaded guilty to the charge before a court and has been committed by the court for sentence—the person’s appearance for sentence.\n(sec.181-ssec.1) This division applies if— a person appears before the Supreme Court or District Court in a relevant proceeding for a charge of an indictable offence, other than an offence against a law of the Commonwealth; and the court is reasonably satisfied, on the balance of probabilities, that the person— was, or appears to have been, of unsound mind when the offence was allegedly committed; or for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or is unfit for trial.\n(sec.181-ssec.2) In this section— relevant proceeding , for a person charged with an indictable offence, means— if the person pleads guilty to the charge at the person’s trial—the person’s trial; or if the person has pleaded guilty to the charge before a court and has been committed by the court for sentence—the person’s appearance for sentence.\n- (a) a person appears before the Supreme Court or District Court in a relevant proceeding for a charge of an indictable offence, other than an offence against a law of the Commonwealth; and\n- (b) the court is reasonably satisfied, on the balance of probabilities, that the person— (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or (ii) for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or (iii) is unfit for trial.\n- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or\n- (ii) for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or\n- (iii) is unfit for trial.\n- (i) was, or appears to have been, of unsound mind when the offence was allegedly committed; or\n- (ii) for the offence of murder—was, or appears to have been, of diminished responsibility when the offence was allegedly committed; or\n- (iii) is unfit for trial.\n- (a) if the person pleads guilty to the charge at the person’s trial—the person’s trial; or\n- (b) if the person has pleaded guilty to the charge before a court and has been committed by the court for sentence—the person’s appearance for sentence.","sortOrder":245},{"sectionNumber":"sec.182","sectionType":"section","heading":"Power to order plea of not guilty","content":"### sec.182 Power to order plea of not guilty\n\nThe court may order that a plea of not guilty be entered for the person for—\nthe indictable offence with which the person is charged; and\nif, under the Criminal Code , section 651 , a charge of a summary offence laid against the person is to be heard and decided by the court—the summary offence.\n- (a) the indictable offence with which the person is charged; and\n- (b) if, under the Criminal Code , section 651 , a charge of a summary offence laid against the person is to be heard and decided by the court—the summary offence.","sortOrder":246},{"sectionNumber":"sec.183","sectionType":"section","heading":"Power to make reference to Mental Health Court and related orders","content":"### sec.183 Power to make reference to Mental Health Court and related orders\n\nOn the making of the order under section 182 , the court must—\nadjourn the trial; and\nin the way set out in section 184 , refer to the Mental Health Court the matter of the person’s mental state relating to—\nthe indictable offence with which the person is charged; and\nany summary offence mentioned in section 182 (b) that is an associated offence; and\norder that—\neither—\nthe person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\nbail be granted, enlarged or varied under the Bail Act 1980 for the person; or\nif a written agreement has been given under this division for the person’s detention in an authorised mental health service—the person be detained in an inpatient unit of the service.\nAn order made under subparagraph (ii) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n- (a) adjourn the trial; and\n- (b) in the way set out in section 184 , refer to the Mental Health Court the matter of the person’s mental state relating to— (i) the indictable offence with which the person is charged; and (ii) any summary offence mentioned in section 182 (b) that is an associated offence; and\n- (i) the indictable offence with which the person is charged; and\n- (ii) any summary offence mentioned in section 182 (b) that is an associated offence; and\n- (c) order that— (i) either— (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or (ii) if a written agreement has been given under this division for the person’s detention in an authorised mental health service—the person be detained in an inpatient unit of the service. Note— An order made under subparagraph (ii) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n- (i) either— (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\n- (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (ii) if a written agreement has been given under this division for the person’s detention in an authorised mental health service—the person be detained in an inpatient unit of the service. Note— An order made under subparagraph (ii) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n- (i) the indictable offence with which the person is charged; and\n- (ii) any summary offence mentioned in section 182 (b) that is an associated offence; and\n- (i) either— (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\n- (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (ii) if a written agreement has been given under this division for the person’s detention in an authorised mental health service—the person be detained in an inpatient unit of the service. Note— An order made under subparagraph (ii) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n- (A) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\n- (B) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or","sortOrder":247},{"sectionNumber":"sec.184","sectionType":"section","heading":"How reference to Mental Health Court is made","content":"### sec.184 How reference to Mental Health Court is made\n\nThe registrar of the court that made the reference under section 183 (b) must file a notice of the reference in the approved form in the Mental Health Court Registry.\nThe notice must state each offence in relation to which the person’s mental state is referred.\nThe notice must be accompanied by a copy of any report produced to the court relating to the person’s mental state.\n(sec.184-ssec.1) The registrar of the court that made the reference under section 183 (b) must file a notice of the reference in the approved form in the Mental Health Court Registry.\n(sec.184-ssec.2) The notice must state each offence in relation to which the person’s mental state is referred.\n(sec.184-ssec.3) The notice must be accompanied by a copy of any report produced to the court relating to the person’s mental state.","sortOrder":248},{"sectionNumber":"sec.185","sectionType":"section","heading":"Persons who may give agreement for detention","content":"### sec.185 Persons who may give agreement for detention\n\nAn agreement for the person’s detention in an authorised mental health service may be given by—\nthe administrator of the service; or\nthe chief psychiatrist.\n- (a) the administrator of the service; or\n- (b) the chief psychiatrist.","sortOrder":249},{"sectionNumber":"sec.186","sectionType":"section","heading":"Agreement for detention—administrator","content":"### sec.186 Agreement for detention—administrator\n\nThe administrator of an authorised mental health service may agree to a person’s detention in the service only if the administrator is satisfied the service has the capacity to detain the person for treatment and care.\nWithout limiting subsection (1) , if the authorised mental health service is not a high security unit, the administrator must be satisfied the person’s detention in the service does not present an unreasonable risk to the safety of the person or others having regard to the following—\nthe person’s mental state and psychiatric history;\nthe person’s treatment and care needs;\nthe security requirements for the person.\nIf the person is a minor, the administrator of the service must not agree under this division to the minor’s detention in a high security unit unless the chief psychiatrist has given prior written approval of the giving of the agreement.\nIn deciding whether to give the approval, the chief psychiatrist must have regard to the following—\nthe minor’s mental state and psychiatric history;\nthe minor’s treatment and care needs;\nthe security requirements for the minor.\nAs soon as practicable after deciding to give the approval, the chief psychiatrist must give a copy of the written approval to the administrator.\n(sec.186-ssec.1) The administrator of an authorised mental health service may agree to a person’s detention in the service only if the administrator is satisfied the service has the capacity to detain the person for treatment and care.\n(sec.186-ssec.2) Without limiting subsection (1) , if the authorised mental health service is not a high security unit, the administrator must be satisfied the person’s detention in the service does not present an unreasonable risk to the safety of the person or others having regard to the following— the person’s mental state and psychiatric history; the person’s treatment and care needs; the security requirements for the person.\n(sec.186-ssec.3) If the person is a minor, the administrator of the service must not agree under this division to the minor’s detention in a high security unit unless the chief psychiatrist has given prior written approval of the giving of the agreement.\n(sec.186-ssec.4) In deciding whether to give the approval, the chief psychiatrist must have regard to the following— the minor’s mental state and psychiatric history; the minor’s treatment and care needs; the security requirements for the minor.\n(sec.186-ssec.5) As soon as practicable after deciding to give the approval, the chief psychiatrist must give a copy of the written approval to the administrator.\n- (a) the person’s mental state and psychiatric history;\n- (b) the person’s treatment and care needs;\n- (c) the security requirements for the person.\n- (a) the minor’s mental state and psychiatric history;\n- (b) the minor’s treatment and care needs;\n- (c) the security requirements for the minor.","sortOrder":250},{"sectionNumber":"sec.187","sectionType":"section","heading":"Agreement for detention—chief psychiatrist","content":"### sec.187 Agreement for detention—chief psychiatrist\n\nThe chief psychiatrist may agree to a person’s detention in an authorised mental health service only if the administrator of the service has refused to agree under section 186 to the person’s detention in the service.\nIn deciding whether to agree, the chief psychiatrist must be satisfied of the matters mentioned in section 186 (2) .\n(sec.187-ssec.1) The chief psychiatrist may agree to a person’s detention in an authorised mental health service only if the administrator of the service has refused to agree under section 186 to the person’s detention in the service.\n(sec.187-ssec.2) In deciding whether to agree, the chief psychiatrist must be satisfied of the matters mentioned in section 186 (2) .","sortOrder":251},{"sectionNumber":"sec.188","sectionType":"section","heading":"Effect of order for detention","content":"### sec.188 Effect of order for detention\n\nThis section applies if a court makes an order under section 183 (c) (ii) in relation to a person.\nAn authorised person may—\ntransport the person to an inpatient unit of the authorised mental health service stated in the order; and\nat the end of the adjournment, transport the person from the authorised mental health service to appear before the court.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nThe person may be detained under the court’s order in the authorised mental health service.\n(sec.188-ssec.1) This section applies if a court makes an order under section 183 (c) (ii) in relation to a person.\n(sec.188-ssec.2) An authorised person may— transport the person to an inpatient unit of the authorised mental health service stated in the order; and at the end of the adjournment, transport the person from the authorised mental health service to appear before the court. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.188-ssec.3) The person may be detained under the court’s order in the authorised mental health service.\n- (a) transport the person to an inpatient unit of the authorised mental health service stated in the order; and\n- (b) at the end of the adjournment, transport the person from the authorised mental health service to appear before the court.","sortOrder":252},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Forensic orders (Criminal Code)","content":"## Forensic orders (Criminal Code)","sortOrder":253},{"sectionNumber":"sec.189","sectionType":"section","heading":"Application of div 2","content":"### sec.189 Application of div 2\n\nThis division applies if, on the trial of a person charged with an indictable offence—\nthe jury makes a relevant finding; and\nthe Supreme Court or District Court makes a forensic order (Criminal Code).\nIn this section—\nrelevant finding means—\na finding under the Criminal Code , section 613 (a section 613 finding ) that the person is not capable of understanding the proceedings at the trial for the reason that the person is of unsound mind or for another reason stated by the jury; or\na finding under the Criminal Code , section 645 (a section 645 finding ) that the person is not of sound mind; or\na finding under the Criminal Code , section 647 that the person is not guilty of the offence on account of the person being of unsound mind when the act or omission alleged to constitute the offence occurred.\n(sec.189-ssec.1) This division applies if, on the trial of a person charged with an indictable offence— the jury makes a relevant finding; and the Supreme Court or District Court makes a forensic order (Criminal Code).\n(sec.189-ssec.2) In this section— relevant finding means— a finding under the Criminal Code , section 613 (a section 613 finding ) that the person is not capable of understanding the proceedings at the trial for the reason that the person is of unsound mind or for another reason stated by the jury; or a finding under the Criminal Code , section 645 (a section 645 finding ) that the person is not of sound mind; or a finding under the Criminal Code , section 647 that the person is not guilty of the offence on account of the person being of unsound mind when the act or omission alleged to constitute the offence occurred.\n- (a) the jury makes a relevant finding; and\n- (b) the Supreme Court or District Court makes a forensic order (Criminal Code).\n- (a) a finding under the Criminal Code , section 613 (a section 613 finding ) that the person is not capable of understanding the proceedings at the trial for the reason that the person is of unsound mind or for another reason stated by the jury; or\n- (b) a finding under the Criminal Code , section 645 (a section 645 finding ) that the person is not of sound mind; or\n- (c) a finding under the Criminal Code , section 647 that the person is not guilty of the offence on account of the person being of unsound mind when the act or omission alleged to constitute the offence occurred.","sortOrder":254},{"sectionNumber":"sec.190","sectionType":"section","heading":"Registrar of court to give notice of order","content":"### sec.190 Registrar of court to give notice of order\n\nThe registrar of the court that made the forensic order (Criminal Code) must, within 7 days after the order is made, give notice of the order in the approved form to—\nthe chief psychiatrist; and\nthe tribunal.\nSee chapter 7 , part 2 in relation to the examination of a person subject to a forensic order (Criminal Code).\nSee chapter 12 , part 4 for the review of forensic orders (Criminal Code) by the tribunal.\nIf a jury makes a section 613 finding or section 645 finding in relation to a person, the person’s fitness for trial must be reviewed by the tribunal. See chapter 12 , part 6 .\n- (a) the chief psychiatrist; and\n- (b) the tribunal.\n- 1 See chapter 7 , part 2 in relation to the examination of a person subject to a forensic order (Criminal Code).\n- 2 See chapter 12 , part 4 for the review of forensic orders (Criminal Code) by the tribunal.\n- 3 If a jury makes a section 613 finding or section 645 finding in relation to a person, the person’s fitness for trial must be reviewed by the tribunal. See chapter 12 , part 6 .","sortOrder":255},{"sectionNumber":"sec.191","sectionType":"section","heading":"Power to transport person to authorised mental health service","content":"### sec.191 Power to transport person to authorised mental health service\n\nFor the purpose of giving effect to the forensic order (Criminal Code), an authorised person may transport the person to the authorised mental health service stated in the order.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .","sortOrder":256},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Detention in authorised mental health service during trial","content":"# Detention in authorised mental health service during trial","sortOrder":257},{"sectionNumber":"sec.192","sectionType":"section","heading":"Definition for pt 4","content":"### sec.192 Definition for pt 4\n\nIn this part—\ncourt means—\nthe Supreme Court; or\nthe District Court; or\na Magistrates Court.\n- (a) the Supreme Court; or\n- (b) the District Court; or\n- (c) a Magistrates Court.","sortOrder":258},{"sectionNumber":"sec.193","sectionType":"section","heading":"Power to order person’s detention in authorised mental health service","content":"### sec.193 Power to order person’s detention in authorised mental health service\n\nThis section applies if, after the trial of a person charged with an indictable offence has started, the court hearing the proceeding—\ndecides the person should be remanded in custody during an adjournment; and\nis satisfied that, because of the person’s mental condition, the person should be detained in an authorised mental health service for treatment and care during the adjournment.\nThe court may order that the person be detained, during the adjournment, in an inpatient unit of a stated authorised mental health service if a written agreement has been given under this part for the person’s detention in the service.\nAn order made under subsection (2) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n(sec.193-ssec.1) This section applies if, after the trial of a person charged with an indictable offence has started, the court hearing the proceeding— decides the person should be remanded in custody during an adjournment; and is satisfied that, because of the person’s mental condition, the person should be detained in an authorised mental health service for treatment and care during the adjournment.\n(sec.193-ssec.2) The court may order that the person be detained, during the adjournment, in an inpatient unit of a stated authorised mental health service if a written agreement has been given under this part for the person’s detention in the service. An order made under subsection (2) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n- (a) decides the person should be remanded in custody during an adjournment; and\n- (b) is satisfied that, because of the person’s mental condition, the person should be detained in an authorised mental health service for treatment and care during the adjournment.","sortOrder":259},{"sectionNumber":"sec.194","sectionType":"section","heading":"Persons who may give agreement for detention","content":"### sec.194 Persons who may give agreement for detention\n\nAn agreement for the person’s detention in an authorised mental health service may be given by—\nthe administrator of the service; or\nthe chief psychiatrist.\n- (a) the administrator of the service; or\n- (b) the chief psychiatrist.","sortOrder":260},{"sectionNumber":"sec.195","sectionType":"section","heading":"Agreement for detention—administrator","content":"### sec.195 Agreement for detention—administrator\n\nThe administrator of an authorised mental health service may agree to a person’s detention in the service only if the administrator is satisfied the service has the capacity to detain the person for treatment and care.\nWithout limiting subsection (1) , if the authorised mental health service is not a high security unit, the administrator must be satisfied the person’s detention in the service does not present an unreasonable risk to the safety of the person or others having regard to the following—\nthe person’s mental state and psychiatric history;\nthe person’s treatment and care needs;\nthe security requirements for the person.\nIf the person is a minor, the administrator of the service must not agree under this part to the minor’s detention in a high security unit unless the chief psychiatrist has given prior written approval of the giving of the agreement.\nIn deciding whether to give the approval, the chief psychiatrist must have regard to the following—\nthe minor’s mental state and psychiatric history;\nthe minor’s treatment and care needs;\nthe security requirements for the minor.\nAs soon as practicable after deciding to give the approval, the chief psychiatrist must give a copy of the written approval to the administrator.\n(sec.195-ssec.1) The administrator of an authorised mental health service may agree to a person’s detention in the service only if the administrator is satisfied the service has the capacity to detain the person for treatment and care.\n(sec.195-ssec.2) Without limiting subsection (1) , if the authorised mental health service is not a high security unit, the administrator must be satisfied the person’s detention in the service does not present an unreasonable risk to the safety of the person or others having regard to the following— the person’s mental state and psychiatric history; the person’s treatment and care needs; the security requirements for the person.\n(sec.195-ssec.3) If the person is a minor, the administrator of the service must not agree under this part to the minor’s detention in a high security unit unless the chief psychiatrist has given prior written approval of the giving of the agreement.\n(sec.195-ssec.4) In deciding whether to give the approval, the chief psychiatrist must have regard to the following— the minor’s mental state and psychiatric history; the minor’s treatment and care needs; the security requirements for the minor.\n(sec.195-ssec.5) As soon as practicable after deciding to give the approval, the chief psychiatrist must give a copy of the written approval to the administrator.\n- (a) the person’s mental state and psychiatric history;\n- (b) the person’s treatment and care needs;\n- (c) the security requirements for the person.\n- (a) the minor’s mental state and psychiatric history;\n- (b) the minor’s treatment and care needs;\n- (c) the security requirements for the minor.","sortOrder":261},{"sectionNumber":"sec.196","sectionType":"section","heading":"Agreement for detention—chief psychiatrist","content":"### sec.196 Agreement for detention—chief psychiatrist\n\nThe chief psychiatrist may agree to a person’s detention in an authorised mental health service only if the administrator of the service has refused to agree under section 195 to the person’s detention in the service.\nIn deciding whether to agree, the chief psychiatrist must be satisfied of the matters mentioned in section 195 .\n(sec.196-ssec.1) The chief psychiatrist may agree to a person’s detention in an authorised mental health service only if the administrator of the service has refused to agree under section 195 to the person’s detention in the service.\n(sec.196-ssec.2) In deciding whether to agree, the chief psychiatrist must be satisfied of the matters mentioned in section 195 .","sortOrder":262},{"sectionNumber":"sec.197","sectionType":"section","heading":"Effect of order for detention","content":"### sec.197 Effect of order for detention\n\nThis section applies if a court makes an order under section 193 (2) in relation to a person.\nAn authorised person may—\ntransport the person to an inpatient unit of the authorised mental health service stated in the order; and\nat the end of the adjournment, transport the person from the authorised mental health service to appear before the court.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nThe person may be detained under the court’s order in the authorised mental health service.\n(sec.197-ssec.1) This section applies if a court makes an order under section 193 (2) in relation to a person.\n(sec.197-ssec.2) An authorised person may— transport the person to an inpatient unit of the authorised mental health service stated in the order; and at the end of the adjournment, transport the person from the authorised mental health service to appear before the court. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.197-ssec.3) The person may be detained under the court’s order in the authorised mental health service.\n- (a) transport the person to an inpatient unit of the authorised mental health service stated in the order; and\n- (b) at the end of the adjournment, transport the person from the authorised mental health service to appear before the court.","sortOrder":263},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":264},{"sectionNumber":"sec.198","sectionType":"section","heading":"Purpose of ch 7","content":"### sec.198 Purpose of ch 7\n\nThe purpose of this chapter is to provide for the following—\nthe responsibilities of authorised doctors and administrators of authorised mental health services in providing treatment and care to patients;\nthe assessment of patients subject to a treatment authority to decide whether continuation of the authority is appropriate;\nthe authorisation of treatment in the community for involuntary patients;\nthe approval of temporary absences for particular involuntary patients;\nthe appointment of nominated support persons and the recording of advance health directives, enduring powers of attorney and details relating to nominated support persons;\nthe placing of restrictions on the use of electroconvulsive therapy and non-ablative neurosurgical procedures to treat a mental illness;\nthe prohibition of psychosurgery and other treatments.\n- (a) the responsibilities of authorised doctors and administrators of authorised mental health services in providing treatment and care to patients;\n- (b) the assessment of patients subject to a treatment authority to decide whether continuation of the authority is appropriate;\n- (c) the authorisation of treatment in the community for involuntary patients;\n- (d) the approval of temporary absences for particular involuntary patients;\n- (e) the appointment of nominated support persons and the recording of advance health directives, enduring powers of attorney and details relating to nominated support persons;\n- (f) the placing of restrictions on the use of electroconvulsive therapy and non-ablative neurosurgical procedures to treat a mental illness;\n- (g) the prohibition of psychosurgery and other treatments.","sortOrder":265},{"sectionNumber":"sec.199","sectionType":"section","heading":"Relationship between this Act and custodial status of particular patients","content":"### sec.199 Relationship between this Act and custodial status of particular patients\n\nThis section applies to a patient of an authorised mental health service who is subject to any of the following—\na treatment authority;\na forensic order;\na treatment support order.\nA person making a decision about the patient’s treatment in the community must make the decision without regard to whether the patient is in custody under another Act.\nHowever, a decision made under this Act about the patient’s treatment in the community is subject to any custodial requirement under the other Act.\nSubsection (3) does not apply to a patient who is detained in the authorised mental health service—\nas a classified patient under chapter 3 ; or\nunder an order mentioned in schedule 3 , definition judicial order , paragraph (c) .\ns 199 amd 2017 No. 3 s 16\n(sec.199-ssec.1) This section applies to a patient of an authorised mental health service who is subject to any of the following— a treatment authority; a forensic order; a treatment support order.\n(sec.199-ssec.2) A person making a decision about the patient’s treatment in the community must make the decision without regard to whether the patient is in custody under another Act.\n(sec.199-ssec.3) However, a decision made under this Act about the patient’s treatment in the community is subject to any custodial requirement under the other Act.\n(sec.199-ssec.4) Subsection (3) does not apply to a patient who is detained in the authorised mental health service— as a classified patient under chapter 3 ; or under an order mentioned in schedule 3 , definition judicial order , paragraph (c) .\n- (a) a treatment authority;\n- (b) a forensic order;\n- (c) a treatment support order.\n- (a) as a classified patient under chapter 3 ; or\n- (b) under an order mentioned in schedule 3 , definition judicial order , paragraph (c) .","sortOrder":266},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Responsibility to provide treatment and care","content":"# Responsibility to provide treatment and care","sortOrder":267},{"sectionNumber":"sec.200","sectionType":"section","heading":"Application of pt 2","content":"### sec.200 Application of pt 2\n\nThis part applies to each of the following patients of an authorised mental health service—\nan involuntary patient subject to—\na treatment authority; or\na forensic order; or\na treatment support order;\na person from another State detained in an authorised mental health service under section 368 (3) (b) ;\na classified patient (voluntary);\na patient receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\ns 200 amd 2022 No. 1 s 117 s ch 1 pt 2\n- (a) an involuntary patient subject to— (i) a treatment authority; or (ii) a forensic order; or (iii) a treatment support order;\n- (i) a treatment authority; or\n- (ii) a forensic order; or\n- (iii) a treatment support order;\n- (b) a person from another State detained in an authorised mental health service under section 368 (3) (b) ;\n- (c) a classified patient (voluntary);\n- (d) a patient receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\n- (i) a treatment authority; or\n- (ii) a forensic order; or\n- (iii) a treatment support order;","sortOrder":268},{"sectionNumber":"sec.201","sectionType":"section","heading":"Examination of patient for purpose of providing treatment and care","content":"### sec.201 Examination of patient for purpose of providing treatment and care\n\nThis section does not apply to a patient subject to a treatment authority, other than a patient subject to a treatment authority who becomes a classified patient.\nSee section 53 for deciding the nature and extent of treatment and care under a treatment authority.\nAn authorised doctor must examine the patient and decide the nature and extent of treatment and care to be provided to the patient.\nThe examination must be made—\nas soon as practicable after the person becomes a patient to whom this part applies; or\nif a patient subject to a treatment authority, forensic order or treatment support order becomes a classified patient—as soon as practicable after the patient becomes a classified patient.\nIn deciding the treatment and care to be provided to the patient, the authorised doctor must—\ndiscuss the treatment and care to be provided with the patient; and\nhave regard to the views, wishes and preferences of the patient, to the extent they can be expressed, including, for example, in an advance health directive.\n(sec.201-ssec.1) This section does not apply to a patient subject to a treatment authority, other than a patient subject to a treatment authority who becomes a classified patient. See section 53 for deciding the nature and extent of treatment and care under a treatment authority.\n(sec.201-ssec.2) An authorised doctor must examine the patient and decide the nature and extent of treatment and care to be provided to the patient.\n(sec.201-ssec.3) The examination must be made— as soon as practicable after the person becomes a patient to whom this part applies; or if a patient subject to a treatment authority, forensic order or treatment support order becomes a classified patient—as soon as practicable after the patient becomes a classified patient.\n(sec.201-ssec.4) In deciding the treatment and care to be provided to the patient, the authorised doctor must— discuss the treatment and care to be provided with the patient; and have regard to the views, wishes and preferences of the patient, to the extent they can be expressed, including, for example, in an advance health directive.\n- (a) as soon as practicable after the person becomes a patient to whom this part applies; or\n- (b) if a patient subject to a treatment authority, forensic order or treatment support order becomes a classified patient—as soon as practicable after the patient becomes a classified patient.\n- (a) discuss the treatment and care to be provided with the patient; and\n- (b) have regard to the views, wishes and preferences of the patient, to the extent they can be expressed, including, for example, in an advance health directive.","sortOrder":269},{"sectionNumber":"sec.202","sectionType":"section","heading":"Authorised doctor’s responsibilities for treatment and care","content":"### sec.202 Authorised doctor’s responsibilities for treatment and care\n\nAn authorised doctor must ensure the treatment and care to be provided to the patient is, and continues to be, appropriate for the patient’s treatment and care needs and in compliance with the requirements of this Act.\nThe authorised doctor must record in the patient’s health records the treatment and care planned to be provided, and that is provided, to the patient.\n(sec.202-ssec.1) An authorised doctor must ensure the treatment and care to be provided to the patient is, and continues to be, appropriate for the patient’s treatment and care needs and in compliance with the requirements of this Act.\n(sec.202-ssec.2) The authorised doctor must record in the patient’s health records the treatment and care planned to be provided, and that is provided, to the patient.","sortOrder":270},{"sectionNumber":"sec.203","sectionType":"section","heading":"Administrator’s responsibilities for treatment and care","content":"### sec.203 Administrator’s responsibilities for treatment and care\n\nThe administrator of the authorised mental health service has the following responsibilities for the patient—\nto take reasonable steps to ensure the patient receives—\nthe treatment and care planned to be provided to the patient, as recorded in the patient’s health records under section 202 ; and\nto the extent practicable, the treatment and care appropriate for any other illness or condition affecting the patient;\nto ensure the systems for recording the patient’s treatment and care, both planned and provided, can be audited;\nto ensure regular assessments of the patient under section 205 happen as decided by an authorised doctor for the authorised mental health service.\nThe administrator must also take reasonable steps to ensure the patient’s treatment and care complies with the requirements of this Act.\n(sec.203-ssec.1) The administrator of the authorised mental health service has the following responsibilities for the patient— to take reasonable steps to ensure the patient receives— the treatment and care planned to be provided to the patient, as recorded in the patient’s health records under section 202 ; and to the extent practicable, the treatment and care appropriate for any other illness or condition affecting the patient; to ensure the systems for recording the patient’s treatment and care, both planned and provided, can be audited; to ensure regular assessments of the patient under section 205 happen as decided by an authorised doctor for the authorised mental health service.\n(sec.203-ssec.2) The administrator must also take reasonable steps to ensure the patient’s treatment and care complies with the requirements of this Act.\n- (a) to take reasonable steps to ensure the patient receives— (i) the treatment and care planned to be provided to the patient, as recorded in the patient’s health records under section 202 ; and (ii) to the extent practicable, the treatment and care appropriate for any other illness or condition affecting the patient;\n- (i) the treatment and care planned to be provided to the patient, as recorded in the patient’s health records under section 202 ; and\n- (ii) to the extent practicable, the treatment and care appropriate for any other illness or condition affecting the patient;\n- (b) to ensure the systems for recording the patient’s treatment and care, both planned and provided, can be audited;\n- (c) to ensure regular assessments of the patient under section 205 happen as decided by an authorised doctor for the authorised mental health service.\n- (i) the treatment and care planned to be provided to the patient, as recorded in the patient’s health records under section 202 ; and\n- (ii) to the extent practicable, the treatment and care appropriate for any other illness or condition affecting the patient;","sortOrder":271},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Patients subject to treatment authorities","content":"# Patients subject to treatment authorities","sortOrder":272},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":273},{"sectionNumber":"sec.204","sectionType":"section","heading":"Application of pt 3","content":"### sec.204 Application of pt 3\n\nThis part applies to a patient of an authorised mental health service who is subject to a treatment authority.","sortOrder":274},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Regular assessment","content":"## Regular assessment","sortOrder":275},{"sectionNumber":"sec.205","sectionType":"section","heading":"Authorised doctor must assess patient","content":"### sec.205 Authorised doctor must assess patient\n\nAn authorised doctor must make a first assessment of the patient under this section on or before the date recorded in the patient’s health records under section 59 .\nSubsequent assessments of the patient under this section must be completed within 3 months after the date of the patient’s previous assessment.\nAlso, an authorised doctor must make an assessment of the patient under this section if the authorised doctor considers at any time that—\nthe treatment criteria may no longer apply to the patient; or\nthere may be a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.\nOn an assessment under this section, the authorised doctor must—\nassess the patient; and\ndiscuss the assessment with the patient; and\ndecide and record in the patient’s health records—\nwhether the treatment criteria continue to apply to the patient; and\nwhether there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness; and\nif, because of the decisions required under subparagraphs (i) and (ii) , the patient’s treatment authority continues—\nwhether the category of the patient’s treatment authority continues to be appropriate; and\nif the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and\nthe date of the patient’s next assessment under this section.\n(sec.205-ssec.1) An authorised doctor must make a first assessment of the patient under this section on or before the date recorded in the patient’s health records under section 59 .\n(sec.205-ssec.2) Subsequent assessments of the patient under this section must be completed within 3 months after the date of the patient’s previous assessment.\n(sec.205-ssec.3) Also, an authorised doctor must make an assessment of the patient under this section if the authorised doctor considers at any time that— the treatment criteria may no longer apply to the patient; or there may be a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.\n(sec.205-ssec.4) On an assessment under this section, the authorised doctor must— assess the patient; and discuss the assessment with the patient; and decide and record in the patient’s health records— whether the treatment criteria continue to apply to the patient; and whether there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness; and if, because of the decisions required under subparagraphs (i) and (ii) , the patient’s treatment authority continues— whether the category of the patient’s treatment authority continues to be appropriate; and if the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and the date of the patient’s next assessment under this section.\n- (a) the treatment criteria may no longer apply to the patient; or\n- (b) there may be a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.\n- (a) assess the patient; and\n- (b) discuss the assessment with the patient; and\n- (c) decide and record in the patient’s health records— (i) whether the treatment criteria continue to apply to the patient; and (ii) whether there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness; and (iii) if, because of the decisions required under subparagraphs (i) and (ii) , the patient’s treatment authority continues— (A) whether the category of the patient’s treatment authority continues to be appropriate; and (B) if the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and (iv) the date of the patient’s next assessment under this section.\n- (i) whether the treatment criteria continue to apply to the patient; and\n- (ii) whether there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness; and\n- (iii) if, because of the decisions required under subparagraphs (i) and (ii) , the patient’s treatment authority continues— (A) whether the category of the patient’s treatment authority continues to be appropriate; and (B) if the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and\n- (A) whether the category of the patient’s treatment authority continues to be appropriate; and\n- (B) if the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and\n- (iv) the date of the patient’s next assessment under this section.\n- (i) whether the treatment criteria continue to apply to the patient; and\n- (ii) whether there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness; and\n- (iii) if, because of the decisions required under subparagraphs (i) and (ii) , the patient’s treatment authority continues— (A) whether the category of the patient’s treatment authority continues to be appropriate; and (B) if the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and\n- (A) whether the category of the patient’s treatment authority continues to be appropriate; and\n- (B) if the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and\n- (iv) the date of the patient’s next assessment under this section.\n- (A) whether the category of the patient’s treatment authority continues to be appropriate; and\n- (B) if the category is inpatient—whether the extent of any limited community treatment under the authority continues to be appropriate; and","sortOrder":276},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":"Actions that may be taken after assessment","content":"## Actions that may be taken after assessment","sortOrder":277},{"sectionNumber":"sec.206","sectionType":"section","heading":"Authorised doctor may revoke treatment authority","content":"### sec.206 Authorised doctor may revoke treatment authority\n\nThis section applies if, after making an assessment of the patient, an authorised doctor considers—\nthe treatment criteria no longer apply to the patient; or\nthere is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.\nThe authorised doctor must revoke the patient’s treatment authority.\nHowever, the authorised doctor is not required to revoke the treatment authority if the authorised doctor considers the patient’s capacity to consent to be treated for the patient’s mental illness is not stable.\nthe patient gains and loses capacity to consent to be treated during a short time period\nAlso, if the authorised doctor is not an authorised psychiatrist, the revocation takes effect only if the authorised doctor has consulted with an authorised psychiatrist about the revocation.\nAn authorised doctor must tell a patient of a revocation of the patient’s treatment authority under this section as soon as practicable after the revocation.\nThe administrator of the authorised mental health service must give written notice of the revocation to the patient, and the tribunal, within 7 days after the revocation.\n(sec.206-ssec.1) This section applies if, after making an assessment of the patient, an authorised doctor considers— the treatment criteria no longer apply to the patient; or there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.\n(sec.206-ssec.2) The authorised doctor must revoke the patient’s treatment authority.\n(sec.206-ssec.3) However, the authorised doctor is not required to revoke the treatment authority if the authorised doctor considers the patient’s capacity to consent to be treated for the patient’s mental illness is not stable. the patient gains and loses capacity to consent to be treated during a short time period\n(sec.206-ssec.4) Also, if the authorised doctor is not an authorised psychiatrist, the revocation takes effect only if the authorised doctor has consulted with an authorised psychiatrist about the revocation.\n(sec.206-ssec.5) An authorised doctor must tell a patient of a revocation of the patient’s treatment authority under this section as soon as practicable after the revocation.\n(sec.206-ssec.6) The administrator of the authorised mental health service must give written notice of the revocation to the patient, and the tribunal, within 7 days after the revocation.\n- (a) the treatment criteria no longer apply to the patient; or\n- (b) there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.","sortOrder":278},{"sectionNumber":"sec.207","sectionType":"section","heading":"Authorised psychiatrist may revoke treatment authority if patient missing","content":"### sec.207 Authorised psychiatrist may revoke treatment authority if patient missing\n\nAn authorised psychiatrist for an authorised mental health service may revoke the patient’s treatment authority if the authorised psychiatrist is satisfied the authorised mental health service has not been able to locate the patient for a period of at least 6 months.\nThe administrator of the authorised mental health service must give written notice of the revocation to the tribunal within 7 days after the revocation.\n(sec.207-ssec.1) An authorised psychiatrist for an authorised mental health service may revoke the patient’s treatment authority if the authorised psychiatrist is satisfied the authorised mental health service has not been able to locate the patient for a period of at least 6 months.\n(sec.207-ssec.2) The administrator of the authorised mental health service must give written notice of the revocation to the tribunal within 7 days after the revocation.","sortOrder":279},{"sectionNumber":"sec.208","sectionType":"section","heading":"Chief psychiatrist may revoke treatment authority","content":"### sec.208 Chief psychiatrist may revoke treatment authority\n\nThis section applies if the chief psychiatrist considers—\nthe treatment criteria no longer apply to the patient; or\nthere is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.\nThe chief psychiatrist may revoke the patient’s treatment authority.\nThe chief psychiatrist must give written notice of the revocation to the administrator of the patient’s treating health service as soon as practicable after the revocation.\nAn authorised doctor must tell the patient of the revocation as soon as practicable after the revocation.\nThe administrator of the patient’s treating health service must give written notice of the revocation to the tribunal within 7 days after the revocation.\n(sec.208-ssec.1) This section applies if the chief psychiatrist considers— the treatment criteria no longer apply to the patient; or there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.\n(sec.208-ssec.2) The chief psychiatrist may revoke the patient’s treatment authority.\n(sec.208-ssec.3) The chief psychiatrist must give written notice of the revocation to the administrator of the patient’s treating health service as soon as practicable after the revocation.\n(sec.208-ssec.4) An authorised doctor must tell the patient of the revocation as soon as practicable after the revocation.\n(sec.208-ssec.5) The administrator of the patient’s treating health service must give written notice of the revocation to the tribunal within 7 days after the revocation.\n- (a) the treatment criteria no longer apply to the patient; or\n- (b) there is a less restrictive way for the patient to receive treatment and care for the patient’s mental illness.","sortOrder":280},{"sectionNumber":"sec.209","sectionType":"section","heading":"Amendment of treatment authority to change category, limited community treatment or conditions","content":"### sec.209 Amendment of treatment authority to change category, limited community treatment or conditions\n\nAn authorised doctor may amend the patient’s treatment authority under this section in any of the following ways—\nto change the category of the authority;\nto authorise or revoke, or change the nature or extent of, limited community treatment;\nto impose a condition on, or change a condition of, the authority.\nHowever, the authorised doctor may change the category of the authority to inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the patient, that 1 or more of the following can not reasonably be met if the category of the authority is community—\nthe patient’s treatment and care needs;\nthe safety and welfare of the patient;\nthe safety of others.\nAlso, the authorised doctor may make the amendment only if satisfied the amendment is appropriate having regard to—\nthe relevant circumstances of the patient; and\nfor an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment.\nThe amendment must not change a condition decided by the tribunal, or be contrary to a decision of the tribunal under section 424 or 425 .\nIf limited community treatment is authorised under this section, the patient’s treatment authority must state—\nthe nature and conditions of the limited community treatment; and\nthe period, of not more than 7 consecutive days, for which limited community treatment is authorised; and\nthe duration for which the authorisation is in force.\nlimited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks\nThe authorised doctor must tell the patient of any proposed amendment of the patient’s treatment authority and explain the effect of the amendment to the patient.\nThis section does not apply if the patient is a classified patient.\nSee part 6 in relation to classified patients.\n(sec.209-ssec.1) An authorised doctor may amend the patient’s treatment authority under this section in any of the following ways— to change the category of the authority; to authorise or revoke, or change the nature or extent of, limited community treatment; to impose a condition on, or change a condition of, the authority.\n(sec.209-ssec.2) However, the authorised doctor may change the category of the authority to inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the patient, that 1 or more of the following can not reasonably be met if the category of the authority is community— the patient’s treatment and care needs; the safety and welfare of the patient; the safety of others.\n(sec.209-ssec.3) Also, the authorised doctor may make the amendment only if satisfied the amendment is appropriate having regard to— the relevant circumstances of the patient; and for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment.\n(sec.209-ssec.4) The amendment must not change a condition decided by the tribunal, or be contrary to a decision of the tribunal under section 424 or 425 .\n(sec.209-ssec.5) If limited community treatment is authorised under this section, the patient’s treatment authority must state— the nature and conditions of the limited community treatment; and the period, of not more than 7 consecutive days, for which limited community treatment is authorised; and the duration for which the authorisation is in force. limited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks\n(sec.209-ssec.6) The authorised doctor must tell the patient of any proposed amendment of the patient’s treatment authority and explain the effect of the amendment to the patient.\n(sec.209-ssec.7) This section does not apply if the patient is a classified patient. See part 6 in relation to classified patients.\n- (a) to change the category of the authority;\n- (b) to authorise or revoke, or change the nature or extent of, limited community treatment;\n- (c) to impose a condition on, or change a condition of, the authority.\n- (a) the patient’s treatment and care needs;\n- (b) the safety and welfare of the patient;\n- (c) the safety of others.\n- (a) the relevant circumstances of the patient; and\n- (b) for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment.\n- (a) the nature and conditions of the limited community treatment; and\n- (b) the period, of not more than 7 consecutive days, for which limited community treatment is authorised; and\n- (c) the duration for which the authorisation is in force.","sortOrder":281},{"sectionNumber":"sec.210","sectionType":"section","heading":"Amendment of treatment authority to change category to inpatient","content":"### sec.210 Amendment of treatment authority to change category to inpatient\n\nThis section applies if—\nthe category of the patient’s treatment authority is community; and\nan authorised doctor reasonably believes—\nthere has been a material change in the patient’s mental state; and\nthe patient requires urgent treatment and care as an inpatient in an authorised mental health service.\nDespite section 209 , the authorised doctor may amend the patient’s treatment authority to change the category of the authority to inpatient.\nThe administrator of the patient’s treating health service must, as soon as practicable after the treatment authority is amended under subsection (2) , give the tribunal written notice of the amendment.\nThe tribunal must review the treatment authority within 14 days after receiving written notice of the amendment of the authority. See section 413 (4) .\nAlso, subsection (5) applies if, before the tribunal conducts, or completes the hearing of, the review of the treatment authority mentioned in section 413 (4) , an authorised doctor amends the authority to change the category of the authority to community.\nThe administrator of the patient’s treating health service must, as soon as practicable after the treatment authority is amended, give the tribunal written notice of the amendment.\nUnder section 416 , the tribunal is not required to conduct, or complete the hearing of, the review.\n(sec.210-ssec.1) This section applies if— the category of the patient’s treatment authority is community; and an authorised doctor reasonably believes— there has been a material change in the patient’s mental state; and the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n(sec.210-ssec.2) Despite section 209 , the authorised doctor may amend the patient’s treatment authority to change the category of the authority to inpatient.\n(sec.210-ssec.3) The administrator of the patient’s treating health service must, as soon as practicable after the treatment authority is amended under subsection (2) , give the tribunal written notice of the amendment. The tribunal must review the treatment authority within 14 days after receiving written notice of the amendment of the authority. See section 413 (4) .\n(sec.210-ssec.4) Also, subsection (5) applies if, before the tribunal conducts, or completes the hearing of, the review of the treatment authority mentioned in section 413 (4) , an authorised doctor amends the authority to change the category of the authority to community.\n(sec.210-ssec.5) The administrator of the patient’s treating health service must, as soon as practicable after the treatment authority is amended, give the tribunal written notice of the amendment. Under section 416 , the tribunal is not required to conduct, or complete the hearing of, the review.\n- (a) the category of the patient’s treatment authority is community; and\n- (b) an authorised doctor reasonably believes— (i) there has been a material change in the patient’s mental state; and (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n- (i) there has been a material change in the patient’s mental state; and\n- (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n- (i) there has been a material change in the patient’s mental state; and\n- (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.","sortOrder":282},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Patients subject to forensic orders","content":"# Patients subject to forensic orders","sortOrder":283},{"sectionNumber":"sec.211","sectionType":"section","heading":"Application of pt 4","content":"### sec.211 Application of pt 4\n\nThis part applies to a patient of an authorised mental health service who is subject to a forensic order.\nHowever, this part does not apply if the patient is a classified patient.\nSee part 6 in relation to classified patients.\n(sec.211-ssec.1) This part applies to a patient of an authorised mental health service who is subject to a forensic order.\n(sec.211-ssec.2) However, this part does not apply if the patient is a classified patient. See part 6 in relation to classified patients.","sortOrder":284},{"sectionNumber":"sec.212","sectionType":"section","heading":"Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions","content":"### sec.212 Amendment of forensic order (mental health) or forensic order (disability) to change category, limited community treatment or conditions\n\nIf the patient’s forensic order is a forensic order (mental health) or a forensic order (disability), an authorised doctor may amend the patient’s forensic order under this section in any of the following ways—\nto change the category of the order;\nto authorise or revoke, or change the nature or extent of, limited community treatment;\nto impose a condition on, or change a condition of, the order.\nThe amendment must not be contrary to a decision of the Mental Health Court or the tribunal.\nauthorising limited community treatment for the person to a greater extent than the Mental Health Court or the tribunal has decided under section 139 (1) (c) or 445 (2) (c)\nThe authorised doctor may amend the order to increase the extent of treatment in the community only if satisfied, after having regard to the matters mentioned in subsection (4) , that there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\nThe matters to which the authorised doctor must have regard are—\nthe patient’s relevant circumstances; and\nfor an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment; and\nthe nature of the relevant unlawful act and the period of time that has passed since the act happened.\nThe authorised doctor must tell the patient of any proposed amendment of the patient’s forensic order and explain the effect of the amendment to the patient.\n(sec.212-ssec.1) If the patient’s forensic order is a forensic order (mental health) or a forensic order (disability), an authorised doctor may amend the patient’s forensic order under this section in any of the following ways— to change the category of the order; to authorise or revoke, or change the nature or extent of, limited community treatment; to impose a condition on, or change a condition of, the order.\n(sec.212-ssec.2) The amendment must not be contrary to a decision of the Mental Health Court or the tribunal. authorising limited community treatment for the person to a greater extent than the Mental Health Court or the tribunal has decided under section 139 (1) (c) or 445 (2) (c)\n(sec.212-ssec.3) The authorised doctor may amend the order to increase the extent of treatment in the community only if satisfied, after having regard to the matters mentioned in subsection (4) , that there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\n(sec.212-ssec.4) The matters to which the authorised doctor must have regard are— the patient’s relevant circumstances; and for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment; and the nature of the relevant unlawful act and the period of time that has passed since the act happened.\n(sec.212-ssec.5) The authorised doctor must tell the patient of any proposed amendment of the patient’s forensic order and explain the effect of the amendment to the patient.\n- (a) to change the category of the order;\n- (b) to authorise or revoke, or change the nature or extent of, limited community treatment;\n- (c) to impose a condition on, or change a condition of, the order.\n- (a) the patient’s relevant circumstances; and\n- (b) for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment; and\n- (c) the nature of the relevant unlawful act and the period of time that has passed since the act happened.","sortOrder":285},{"sectionNumber":"sec.213","sectionType":"section","heading":"Amendment of forensic order to change category to inpatient","content":"### sec.213 Amendment of forensic order to change category to inpatient\n\nThis section applies if—\nthe category of the patient’s forensic order is community; and\nan authorised doctor reasonably believes—\nthere has been a material change in the patient’s mental state; and\nthe patient requires urgent treatment and care as an inpatient in an authorised mental health service.\nDespite section 212 (2) , the authorised doctor may amend the patient’s forensic order to change the category of the order to inpatient.\nThe administrator of the patient’s treating health service must, as soon as practicable after the forensic order is amended under subsection (2) , give the tribunal written notice of the amendment.\nThe tribunal must review the forensic order within 21 days after receiving written notice of the amendment of the order. See section 433 (4) .\nAlso, subsection (5) applies if, before the tribunal conducts, or completes the hearing of, the review of the forensic order mentioned in section 433 (4) , an authorised doctor amends the order to change the category of the order to community.\nThe administrator of the patient’s treating health service must, as soon as practicable after the forensic order is amended, give the tribunal written notice of the amendment.\nUnder section 437 , the tribunal is not required to conduct, or complete the hearing of, the review.\n(sec.213-ssec.1) This section applies if— the category of the patient’s forensic order is community; and an authorised doctor reasonably believes— there has been a material change in the patient’s mental state; and the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n(sec.213-ssec.2) Despite section 212 (2) , the authorised doctor may amend the patient’s forensic order to change the category of the order to inpatient.\n(sec.213-ssec.3) The administrator of the patient’s treating health service must, as soon as practicable after the forensic order is amended under subsection (2) , give the tribunal written notice of the amendment. The tribunal must review the forensic order within 21 days after receiving written notice of the amendment of the order. See section 433 (4) .\n(sec.213-ssec.4) Also, subsection (5) applies if, before the tribunal conducts, or completes the hearing of, the review of the forensic order mentioned in section 433 (4) , an authorised doctor amends the order to change the category of the order to community.\n(sec.213-ssec.5) The administrator of the patient’s treating health service must, as soon as practicable after the forensic order is amended, give the tribunal written notice of the amendment. Under section 437 , the tribunal is not required to conduct, or complete the hearing of, the review.\n- (a) the category of the patient’s forensic order is community; and\n- (b) an authorised doctor reasonably believes— (i) there has been a material change in the patient’s mental state; and (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n- (i) there has been a material change in the patient’s mental state; and\n- (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n- (i) there has been a material change in the patient’s mental state; and\n- (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.","sortOrder":286},{"sectionNumber":"sec.214","sectionType":"section","heading":"Limited community treatment for patient subject to forensic order (Criminal Code)","content":"### sec.214 Limited community treatment for patient subject to forensic order (Criminal Code)\n\nAn authorised doctor may authorise or revoke, or change the nature or extent of, limited community treatment for the patient if—\nthe patient’s forensic order is a forensic order (Criminal Code); and\nthe chief psychiatrist has given written approval for the limited community treatment.\nThe authorised doctor may authorise or revoke, or change the nature or extent of, limited community treatment only if satisfied, after having regard to the matters mentioned in subsection (4) , that there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\nThe chief psychiatrist may give written approval for the limited community treatment only if satisfied, after having regard to the matters mentioned in subsection (4) , that there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\nThe matters to which the authorised doctor or chief psychiatrist must have regard are—\nthe patient’s relevant circumstances; and\nthe purpose of limited community treatment; and\nthe nature of the relevant unlawful act and the period of time that has passed since the act happened.\nThe limited community treatment ends on the day the tribunal makes a decision under section 461 in relation to the patient’s forensic order (Criminal Code).\n(sec.214-ssec.1) An authorised doctor may authorise or revoke, or change the nature or extent of, limited community treatment for the patient if— the patient’s forensic order is a forensic order (Criminal Code); and the chief psychiatrist has given written approval for the limited community treatment.\n(sec.214-ssec.2) The authorised doctor may authorise or revoke, or change the nature or extent of, limited community treatment only if satisfied, after having regard to the matters mentioned in subsection (4) , that there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\n(sec.214-ssec.3) The chief psychiatrist may give written approval for the limited community treatment only if satisfied, after having regard to the matters mentioned in subsection (4) , that there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\n(sec.214-ssec.4) The matters to which the authorised doctor or chief psychiatrist must have regard are— the patient’s relevant circumstances; and the purpose of limited community treatment; and the nature of the relevant unlawful act and the period of time that has passed since the act happened.\n(sec.214-ssec.5) The limited community treatment ends on the day the tribunal makes a decision under section 461 in relation to the patient’s forensic order (Criminal Code).\n- (a) the patient’s forensic order is a forensic order (Criminal Code); and\n- (b) the chief psychiatrist has given written approval for the limited community treatment.\n- (a) the patient’s relevant circumstances; and\n- (b) the purpose of limited community treatment; and\n- (c) the nature of the relevant unlawful act and the period of time that has passed since the act happened.","sortOrder":287},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Patients subject to treatment support orders","content":"# Patients subject to treatment support orders","sortOrder":288},{"sectionNumber":"sec.215","sectionType":"section","heading":"Application of pt 5","content":"### sec.215 Application of pt 5\n\nThis part applies to a patient of an authorised mental health service who is subject to a treatment support order.\nHowever, this part does not apply if the patient is a classified patient.\nSee part 6 for provisions applying to classified patients.\n(sec.215-ssec.1) This part applies to a patient of an authorised mental health service who is subject to a treatment support order.\n(sec.215-ssec.2) However, this part does not apply if the patient is a classified patient. See part 6 for provisions applying to classified patients.","sortOrder":289},{"sectionNumber":"sec.216","sectionType":"section","heading":"Amendment of treatment support order to change category, limited community treatment or conditions","content":"### sec.216 Amendment of treatment support order to change category, limited community treatment or conditions\n\nAn authorised doctor may amend the patient’s treatment support order under this section in any of the following ways—\nto change the category of the order;\nto authorise or revoke, or change the nature or extent of, limited community treatment;\nto impose a condition on, or change a condition of, the order.\nHowever, the authorised doctor may change the category of the order to inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the patient, that 1 or more of the following can not reasonably be met if the category of the order is community—\nthe patient’s treatment and care needs;\nthe safety and welfare of the patient;\nthe safety of others.\nAlso, the authorised doctor may make the amendment only if satisfied the amendment is appropriate having regard to—\nthe patient’s relevant circumstances; and\nfor an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment; and\nthe nature of the relevant unlawful act and the amount of time that has passed since the act happened.\nThe amendment must not—\nchange a condition decided by the Mental Health Court or tribunal; or\nreduce the extent of treatment in the community received by the patient contrary to a decision of the Mental Health Court under section 145 (5) or the tribunal under section 476 or 477 (4) .\nSubject to subsection (4) , the power of an authorised doctor under subsection (1) is not limited by a decision of the Mental Health Court or tribunal.\nIf limited community treatment is authorised under this section, the patient’s treatment support order must state—\nthe nature and conditions of the limited community treatment; and\nthe period, of not more than 7 consecutive days, for which limited community treatment is authorised; and\nthe duration for which the order is in force.\nlimited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks\nThe authorised doctor must tell the patient of any proposed amendment of the patient’s treatment support order and explain the effect of the amendment to the patient.\n(sec.216-ssec.1) An authorised doctor may amend the patient’s treatment support order under this section in any of the following ways— to change the category of the order; to authorise or revoke, or change the nature or extent of, limited community treatment; to impose a condition on, or change a condition of, the order.\n(sec.216-ssec.2) However, the authorised doctor may change the category of the order to inpatient only if the authorised doctor considers, after having regard to the relevant circumstances of the patient, that 1 or more of the following can not reasonably be met if the category of the order is community— the patient’s treatment and care needs; the safety and welfare of the patient; the safety of others.\n(sec.216-ssec.3) Also, the authorised doctor may make the amendment only if satisfied the amendment is appropriate having regard to— the patient’s relevant circumstances; and for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment; and the nature of the relevant unlawful act and the amount of time that has passed since the act happened.\n(sec.216-ssec.4) The amendment must not— change a condition decided by the Mental Health Court or tribunal; or reduce the extent of treatment in the community received by the patient contrary to a decision of the Mental Health Court under section 145 (5) or the tribunal under section 476 or 477 (4) .\n(sec.216-ssec.5) Subject to subsection (4) , the power of an authorised doctor under subsection (1) is not limited by a decision of the Mental Health Court or tribunal.\n(sec.216-ssec.6) If limited community treatment is authorised under this section, the patient’s treatment support order must state— the nature and conditions of the limited community treatment; and the period, of not more than 7 consecutive days, for which limited community treatment is authorised; and the duration for which the order is in force. limited community treatment may be authorised for a period of 1 day per week for a duration of 8 weeks\n(sec.216-ssec.7) The authorised doctor must tell the patient of any proposed amendment of the patient’s treatment support order and explain the effect of the amendment to the patient.\n- (a) to change the category of the order;\n- (b) to authorise or revoke, or change the nature or extent of, limited community treatment;\n- (c) to impose a condition on, or change a condition of, the order.\n- (a) the patient’s treatment and care needs;\n- (b) the safety and welfare of the patient;\n- (c) the safety of others.\n- (a) the patient’s relevant circumstances; and\n- (b) for an amendment mentioned in subsection (1) (b) —the purpose of limited community treatment; and\n- (c) the nature of the relevant unlawful act and the amount of time that has passed since the act happened.\n- (a) change a condition decided by the Mental Health Court or tribunal; or\n- (b) reduce the extent of treatment in the community received by the patient contrary to a decision of the Mental Health Court under section 145 (5) or the tribunal under section 476 or 477 (4) .\n- (a) the nature and conditions of the limited community treatment; and\n- (b) the period, of not more than 7 consecutive days, for which limited community treatment is authorised; and\n- (c) the duration for which the order is in force.","sortOrder":290},{"sectionNumber":"sec.217","sectionType":"section","heading":"Amendment of treatment support order to change category to inpatient","content":"### sec.217 Amendment of treatment support order to change category to inpatient\n\nThis section applies if—\nthe category of the patient’s treatment support order is community; and\nan authorised doctor reasonably believes—\nthere has been a material change in the patient’s mental state; and\nthe patient requires urgent treatment and care as an inpatient in an authorised mental health service.\nDespite section 216 , the authorised doctor may amend the patient’s treatment support order to change the category of the order to inpatient.\nThe administrator of the patient’s treating health service must, as soon as practicable after the treatment support order is amended under subsection (2) , give the tribunal written notice of the amendment.\nThe tribunal must review the treatment support order within 14 days after receiving written notice of the amendment of the order. See section 465 (4) .\nAlso, subsection (5) applies if, before the tribunal conducts, or completes the hearing of, the review of the treatment support order mentioned in section 465 (4) , an authorised doctor amends the order to change the category of the order to community.\nThe administrator of the patient’s treating health service must, as soon as practicable after the treatment support order is amended, give the tribunal written notice of the amendment.\nUnder section 469 , the tribunal is not required to conduct, or complete the hearing of, the review.\n(sec.217-ssec.1) This section applies if— the category of the patient’s treatment support order is community; and an authorised doctor reasonably believes— there has been a material change in the patient’s mental state; and the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n(sec.217-ssec.2) Despite section 216 , the authorised doctor may amend the patient’s treatment support order to change the category of the order to inpatient.\n(sec.217-ssec.3) The administrator of the patient’s treating health service must, as soon as practicable after the treatment support order is amended under subsection (2) , give the tribunal written notice of the amendment. The tribunal must review the treatment support order within 14 days after receiving written notice of the amendment of the order. See section 465 (4) .\n(sec.217-ssec.4) Also, subsection (5) applies if, before the tribunal conducts, or completes the hearing of, the review of the treatment support order mentioned in section 465 (4) , an authorised doctor amends the order to change the category of the order to community.\n(sec.217-ssec.5) The administrator of the patient’s treating health service must, as soon as practicable after the treatment support order is amended, give the tribunal written notice of the amendment. Under section 469 , the tribunal is not required to conduct, or complete the hearing of, the review.\n- (a) the category of the patient’s treatment support order is community; and\n- (b) an authorised doctor reasonably believes— (i) there has been a material change in the patient’s mental state; and (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n- (i) there has been a material change in the patient’s mental state; and\n- (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.\n- (i) there has been a material change in the patient’s mental state; and\n- (ii) the patient requires urgent treatment and care as an inpatient in an authorised mental health service.","sortOrder":291},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Classified patients and patients subject to judicial orders","content":"# Classified patients and patients subject to judicial orders","sortOrder":292},{"sectionNumber":"sec.218","sectionType":"section","heading":"Application of pt 6","content":"### sec.218 Application of pt 6\n\nThis part applies to each of the following patients of an authorised mental health service if the patient is detained at the service—\na classified patient;\na patient subject to a judicial order.\n- (a) a classified patient;\n- (b) a patient subject to a judicial order.","sortOrder":293},{"sectionNumber":"sec.219","sectionType":"section","heading":"Authorisation of limited community treatment","content":"### sec.219 Authorisation of limited community treatment\n\nAn authorised doctor may authorise limited community treatment for the patient if—\nthe chief psychiatrist has given written approval for the limited community treatment; and\nthe authorised doctor is satisfied the patient is unlikely to abscond from the authorised mental health service while receiving the limited community treatment.\nThe chief psychiatrist may give written approval under subsection (1) (a) if the chief psychiatrist is satisfied the patient is unlikely to abscond from the authorised mental health service while receiving the limited community treatment.\nFor this section, the patient’s limited community treatment must be confined to the grounds and buildings of the authorised mental health service in which the patient is detained.\nThe patient must remain in the physical presence of an employee of the authorised mental health service while the patient is receiving the limited community treatment.\ns 219 amd 2017 No. 3 s 17\n(sec.219-ssec.1) An authorised doctor may authorise limited community treatment for the patient if— the chief psychiatrist has given written approval for the limited community treatment; and the authorised doctor is satisfied the patient is unlikely to abscond from the authorised mental health service while receiving the limited community treatment.\n(sec.219-ssec.2) The chief psychiatrist may give written approval under subsection (1) (a) if the chief psychiatrist is satisfied the patient is unlikely to abscond from the authorised mental health service while receiving the limited community treatment.\n(sec.219-ssec.3) For this section, the patient’s limited community treatment must be confined to the grounds and buildings of the authorised mental health service in which the patient is detained.\n(sec.219-ssec.4) The patient must remain in the physical presence of an employee of the authorised mental health service while the patient is receiving the limited community treatment.\n- (a) the chief psychiatrist has given written approval for the limited community treatment; and\n- (b) the authorised doctor is satisfied the patient is unlikely to abscond from the authorised mental health service while receiving the limited community treatment.","sortOrder":294},{"sectionNumber":"ch.7-pt.7","sectionType":"part","heading":"Obligations in relation to treatment in the community","content":"# Obligations in relation to treatment in the community","sortOrder":295},{"sectionNumber":"sec.220","sectionType":"section","heading":"Patient’s obligations to be recorded and explained","content":"### sec.220 Patient’s obligations to be recorded and explained\n\nThis section applies if a patient who is subject to a treatment authority, forensic order or treatment support order is authorised under this Act to receive treatment in the community outside an authorised mental health service.\nAn authorised doctor must decide—\nthe treatment and care to be provided to the patient while receiving the treatment in the community; and\nthe patient’s obligations while receiving the treatment in the community, including, for example, obligations to attend scheduled appointments with the patient’s treating health service.\nIn deciding the matters mentioned in subsection (2) , the authorised doctor must discuss the matters with the person.\nBefore the patient physically leaves the authorised mental health service to receive the treatment in the community, the authorised doctor must—\nexplain to the patient the matters mentioned in subsection (2) ; and\nrecord in the patient’s health records the matters mentioned in subsection (2) ; and\ngive the patient a written notice summarising the matters mentioned in subsection (2) .\nAn authorised doctor is required to comply with subsection (4) only once for each type of treatment in the community authorised for the patient under this Act.\nIf a patient is authorised to receive treatment in the community in the form of day leave on each day of 1 week, an authorised doctor for the authorised mental health service is required to comply with subsection (4) only once, and not on each day of the week.\nThis section does not apply if the treatment in the community authorised for the patient under this Act is escorted day leave.\nIn this section—\nescorted day leave , for a patient in an authorised mental health service, means the patient, for a period of not more than 1 day and not overnight—\nis authorised to be physically away from the service; and\nis required to remain in the physical presence of an employee of the service while physically away from the service.\ns 220 amd 2017 No. 3 s 18\n(sec.220-ssec.1) This section applies if a patient who is subject to a treatment authority, forensic order or treatment support order is authorised under this Act to receive treatment in the community outside an authorised mental health service.\n(sec.220-ssec.2) An authorised doctor must decide— the treatment and care to be provided to the patient while receiving the treatment in the community; and the patient’s obligations while receiving the treatment in the community, including, for example, obligations to attend scheduled appointments with the patient’s treating health service.\n(sec.220-ssec.3) In deciding the matters mentioned in subsection (2) , the authorised doctor must discuss the matters with the person.\n(sec.220-ssec.4) Before the patient physically leaves the authorised mental health service to receive the treatment in the community, the authorised doctor must— explain to the patient the matters mentioned in subsection (2) ; and record in the patient’s health records the matters mentioned in subsection (2) ; and give the patient a written notice summarising the matters mentioned in subsection (2) .\n(sec.220-ssec.5) An authorised doctor is required to comply with subsection (4) only once for each type of treatment in the community authorised for the patient under this Act. If a patient is authorised to receive treatment in the community in the form of day leave on each day of 1 week, an authorised doctor for the authorised mental health service is required to comply with subsection (4) only once, and not on each day of the week.\n(sec.220-ssec.6) This section does not apply if the treatment in the community authorised for the patient under this Act is escorted day leave.\n(sec.220-ssec.7) In this section— escorted day leave , for a patient in an authorised mental health service, means the patient, for a period of not more than 1 day and not overnight— is authorised to be physically away from the service; and is required to remain in the physical presence of an employee of the service while physically away from the service. s 220 amd 2017 No. 3 s 18\n- (a) the treatment and care to be provided to the patient while receiving the treatment in the community; and\n- (b) the patient’s obligations while receiving the treatment in the community, including, for example, obligations to attend scheduled appointments with the patient’s treating health service.\n- (a) explain to the patient the matters mentioned in subsection (2) ; and\n- (b) record in the patient’s health records the matters mentioned in subsection (2) ; and\n- (c) give the patient a written notice summarising the matters mentioned in subsection (2) .\n- (a) is authorised to be physically away from the service; and\n- (b) is required to remain in the physical presence of an employee of the service while physically away from the service.","sortOrder":296},{"sectionNumber":"sec.221","sectionType":"section","heading":"Chief psychiatrist may approve temporary absence","content":"### sec.221 Chief psychiatrist may approve temporary absence\n\nThis section applies to each of the following patients—\na patient subject to a forensic order if the category is inpatient;\na classified patient;\na patient subject to a judicial order.\nThe chief psychiatrist may approve the patient’s temporary absence from an authorised mental health service—\nto receive medical, dental or other health treatment; or\nto appear before a court, tribunal or other body; or\nto look for accommodation for the patient for when the patient is discharged from the service; or\nfor a purpose based on compassionate grounds; or\nfor another purpose the chief psychiatrist is satisfied justifies approving the absence.\nAs soon as practicable after approving the temporary absence, the chief psychiatrist must give written notice of the approval to the administrator of the authorised mental health service.\nThe written notice must state—\nthe approved period of temporary absence; and\nany conditions to which the approval is subject, including, for example, that the patient remain in the physical presence of a stated person for the period of the temporary absence.\nIf the patient does not return to the authorised mental health service after the approved period of temporary absence, an authorised person may transport the patient to the authorised mental health service.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.221-ssec.1) This section applies to each of the following patients— a patient subject to a forensic order if the category is inpatient; a classified patient; a patient subject to a judicial order.\n(sec.221-ssec.2) The chief psychiatrist may approve the patient’s temporary absence from an authorised mental health service— to receive medical, dental or other health treatment; or to appear before a court, tribunal or other body; or to look for accommodation for the patient for when the patient is discharged from the service; or for a purpose based on compassionate grounds; or for another purpose the chief psychiatrist is satisfied justifies approving the absence.\n(sec.221-ssec.3) As soon as practicable after approving the temporary absence, the chief psychiatrist must give written notice of the approval to the administrator of the authorised mental health service.\n(sec.221-ssec.4) The written notice must state— the approved period of temporary absence; and any conditions to which the approval is subject, including, for example, that the patient remain in the physical presence of a stated person for the period of the temporary absence.\n(sec.221-ssec.5) If the patient does not return to the authorised mental health service after the approved period of temporary absence, an authorised person may transport the patient to the authorised mental health service. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (a) a patient subject to a forensic order if the category is inpatient;\n- (b) a classified patient;\n- (c) a patient subject to a judicial order.\n- (a) to receive medical, dental or other health treatment; or\n- (b) to appear before a court, tribunal or other body; or\n- (c) to look for accommodation for the patient for when the patient is discharged from the service; or\n- (d) for a purpose based on compassionate grounds; or\n- (e) for another purpose the chief psychiatrist is satisfied justifies approving the absence.\n- (a) the approved period of temporary absence; and\n- (b) any conditions to which the approval is subject, including, for example, that the patient remain in the physical presence of a stated person for the period of the temporary absence.","sortOrder":297},{"sectionNumber":"ch.7-pt.8","sectionType":"part","heading":"Advance health directives, nominated support persons and records system","content":"# Advance health directives, nominated support persons and records system","sortOrder":298},{"sectionNumber":"ch.7-pt.8-div.1","sectionType":"division","heading":"Advance health directives","content":"## Advance health directives","sortOrder":299},{"sectionNumber":"sec.222","sectionType":"section","heading":"Advance health directive may include views about treatment and care","content":"### sec.222 Advance health directive may include views about treatment and care\n\nThis section applies if, by an advance health directive, a principal gives a direction about health matters or special health matters, or appoints an attorney to exercise power for health matters, relating to the principal’s future treatment and care for a mental illness.\nAn advance health directive may be made under the Powers of Attorney Act 1998 only by an adult.\nWithout limiting the Powers of Attorney Act 1998 , section 35 (1) (b) , the advance health directive may include the principal’s views, wishes and preferences about the principal’s future treatment and care for a mental illness.\nViews, wishes and preferences about treatment and care expressed in an advance health directive must be taken into account under section 53 in deciding the nature and extent of treatment and care to be provided under a treatment authority.\nIn this section—\nhealth matter see the Powers of Attorney Act 1998 , schedule 2 , section 4 .\nprincipal see the Powers of Attorney Act 1998 , section 5 .\nspecial health matter see the Powers of Attorney Act 1998 , schedule 2 , section 6 .\n(sec.222-ssec.1) This section applies if, by an advance health directive, a principal gives a direction about health matters or special health matters, or appoints an attorney to exercise power for health matters, relating to the principal’s future treatment and care for a mental illness. An advance health directive may be made under the Powers of Attorney Act 1998 only by an adult.\n(sec.222-ssec.2) Without limiting the Powers of Attorney Act 1998 , section 35 (1) (b) , the advance health directive may include the principal’s views, wishes and preferences about the principal’s future treatment and care for a mental illness. Views, wishes and preferences about treatment and care expressed in an advance health directive must be taken into account under section 53 in deciding the nature and extent of treatment and care to be provided under a treatment authority.\n(sec.222-ssec.3) In this section— health matter see the Powers of Attorney Act 1998 , schedule 2 , section 4 . principal see the Powers of Attorney Act 1998 , section 5 . special health matter see the Powers of Attorney Act 1998 , schedule 2 , section 6 .","sortOrder":300},{"sectionNumber":"ch.7-pt.8-div.2","sectionType":"division","heading":"Nominated support persons","content":"## Nominated support persons","sortOrder":301},{"sectionNumber":"sec.223","sectionType":"section","heading":"Who is a nominated support person","content":"### sec.223 Who is a nominated support person\n\nA person is a nominated support person of another person (the appointing person ) if—\nthe person has been appointed, by written notice, as a nominated support person by the appointing person; and\nthe appointing person had capacity to make the appointment at the time of the appointment; and\na record for the appointment is kept in the records system.\nThe appointing person may appoint no more than 2 nominated support persons.\nThe appointing person may revoke the appointment of a nominated support person by written notice given to the nominated support person.\nA revocation takes effect only if the appointing person has capacity to revoke the appointment at the time of the revocation.\nA nominated support person may resign by written notice given to the appointing person.\nFor this section, a person has capacity to make or revoke an appointment of a nominated support person if the person has the ability to—\nunderstand the nature and effect of the appointment or revocation; and\nfreely and voluntarily make the appointment or revocation; and\ncommunicate the appointment or revocation.\ns 223 amd 2022 No. 1 s 61\n(sec.223-ssec.1) A person is a nominated support person of another person (the appointing person ) if— the person has been appointed, by written notice, as a nominated support person by the appointing person; and the appointing person had capacity to make the appointment at the time of the appointment; and a record for the appointment is kept in the records system.\n(sec.223-ssec.2) The appointing person may appoint no more than 2 nominated support persons.\n(sec.223-ssec.3) The appointing person may revoke the appointment of a nominated support person by written notice given to the nominated support person.\n(sec.223-ssec.4) A revocation takes effect only if the appointing person has capacity to revoke the appointment at the time of the revocation.\n(sec.223-ssec.5) A nominated support person may resign by written notice given to the appointing person.\n(sec.223-ssec.6) For this section, a person has capacity to make or revoke an appointment of a nominated support person if the person has the ability to— understand the nature and effect of the appointment or revocation; and freely and voluntarily make the appointment or revocation; and communicate the appointment or revocation.\n- (a) the person has been appointed, by written notice, as a nominated support person by the appointing person; and\n- (b) the appointing person had capacity to make the appointment at the time of the appointment; and\n- (c) a record for the appointment is kept in the records system.\n- (a) understand the nature and effect of the appointment or revocation; and\n- (b) freely and voluntarily make the appointment or revocation; and\n- (c) communicate the appointment or revocation.","sortOrder":302},{"sectionNumber":"sec.224","sectionType":"section","heading":"Functions of nominated support person","content":"### sec.224 Functions of nominated support person\n\nA nominated support person may, if the appointing person is or becomes an involuntary patient, do any of the following—\nreceive notices for the appointing person under this Act;\nreceive confidential information, under the Hospital and Health Boards Act 2011 , relating to the appointing person;\nrequest a psychiatrist report under section 90 ;\nto the extent permitted under chapter 12 or 16 —\nact as the appointing person’s support person in the tribunal; or\nrepresent the appointing person in the tribunal.\n- (a) receive notices for the appointing person under this Act;\n- (b) receive confidential information, under the Hospital and Health Boards Act 2011 , relating to the appointing person;\n- (c) request a psychiatrist report under section 90 ;\n- (d) to the extent permitted under chapter 12 or 16 — (i) act as the appointing person’s support person in the tribunal; or (ii) represent the appointing person in the tribunal.\n- (i) act as the appointing person’s support person in the tribunal; or\n- (ii) represent the appointing person in the tribunal.\n- (i) act as the appointing person’s support person in the tribunal; or\n- (ii) represent the appointing person in the tribunal.","sortOrder":303},{"sectionNumber":"ch.7-pt.8-div.3","sectionType":"division","heading":"Records system","content":"## Records system","sortOrder":304},{"sectionNumber":"sec.225","sectionType":"section","heading":"Chief psychiatrist to maintain records system","content":"### sec.225 Chief psychiatrist to maintain records system\n\nThe chief psychiatrist must establish and maintain a system (the records system ) for keeping electronic records of—\nadvance health directives; and\nenduring powers of attorney for a personal matter; and\nappointments of nominated support persons.\nThe records system must be capable of keeping an electronic record for a matter mentioned in subsection (1) consisting of—\na record stating the directive, power of attorney or appointment has been made by a stated person on a stated date; and\nan electronic copy of the directive, power of attorney or notice of appointment.\n(sec.225-ssec.1) The chief psychiatrist must establish and maintain a system (the records system ) for keeping electronic records of— advance health directives; and enduring powers of attorney for a personal matter; and appointments of nominated support persons.\n(sec.225-ssec.2) The records system must be capable of keeping an electronic record for a matter mentioned in subsection (1) consisting of— a record stating the directive, power of attorney or appointment has been made by a stated person on a stated date; and an electronic copy of the directive, power of attorney or notice of appointment.\n- (a) advance health directives; and\n- (b) enduring powers of attorney for a personal matter; and\n- (c) appointments of nominated support persons.\n- (a) a record stating the directive, power of attorney or appointment has been made by a stated person on a stated date; and\n- (b) an electronic copy of the directive, power of attorney or notice of appointment.","sortOrder":305},{"sectionNumber":"sec.226","sectionType":"section","heading":"Request to keep record","content":"### sec.226 Request to keep record\n\nThis section applies if a person—\nmakes an advance health directive, or enduring power of attorney for a personal matter, relating to the person’s future treatment and care for a mental illness; or\nappoints a nominated support person.\nThe person may—\ngive the administrator of an authorised mental health service a copy of the directive, power of attorney or notice of appointment; and\nask the administrator to keep a record for the matter in the records system.\nThe administrator must—\ncomply with the request; and\non complying with the request, give the person written notice confirming compliance with the request.\n(sec.226-ssec.1) This section applies if a person— makes an advance health directive, or enduring power of attorney for a personal matter, relating to the person’s future treatment and care for a mental illness; or appoints a nominated support person.\n(sec.226-ssec.2) The person may— give the administrator of an authorised mental health service a copy of the directive, power of attorney or notice of appointment; and ask the administrator to keep a record for the matter in the records system.\n(sec.226-ssec.3) The administrator must— comply with the request; and on complying with the request, give the person written notice confirming compliance with the request.\n- (a) makes an advance health directive, or enduring power of attorney for a personal matter, relating to the person’s future treatment and care for a mental illness; or\n- (b) appoints a nominated support person.\n- (a) give the administrator of an authorised mental health service a copy of the directive, power of attorney or notice of appointment; and\n- (b) ask the administrator to keep a record for the matter in the records system.\n- (a) comply with the request; and\n- (b) on complying with the request, give the person written notice confirming compliance with the request.","sortOrder":306},{"sectionNumber":"sec.227","sectionType":"section","heading":"Requirement to give notice—matters relating to advance health directive or enduring power of attorney","content":"### sec.227 Requirement to give notice—matters relating to advance health directive or enduring power of attorney\n\nThis section applies if—\na record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system; and\nunder the Powers of Attorney Act 1998 —\nthe directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or\nto the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns.\nThe person who made the directive or power of attorney must give the administrator of an authorised mental health service written notice of the revocation or resignation.\nIf subsection (1) (b) (ii) applies, the person is taken to have complied with subsection (2) if the attorney gives the administrator of an authorised mental health service written notice of the resignation.\nOn receiving a notice under subsection (2) or (3) , the administrator must remove or, for an inconsistency mentioned in subsection (1) (b) (i) , update the record for the advance health directive or power of attorney in the records system.\ns 227 amd 2017 No. 3 s 19\n(sec.227-ssec.1) This section applies if— a record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system; and under the Powers of Attorney Act 1998 — the directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or to the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns.\n(sec.227-ssec.2) The person who made the directive or power of attorney must give the administrator of an authorised mental health service written notice of the revocation or resignation.\n(sec.227-ssec.3) If subsection (1) (b) (ii) applies, the person is taken to have complied with subsection (2) if the attorney gives the administrator of an authorised mental health service written notice of the resignation.\n(sec.227-ssec.4) On receiving a notice under subsection (2) or (3) , the administrator must remove or, for an inconsistency mentioned in subsection (1) (b) (i) , update the record for the advance health directive or power of attorney in the records system.\n- (a) a record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system; and\n- (b) under the Powers of Attorney Act 1998 — (i) the directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or (ii) to the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns.\n- (i) the directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or\n- (ii) to the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns.\n- (i) the directive or power of attorney is revoked by the person who made it, including, to the extent of an inconsistency, by the making of a later advance health directive or power of attorney; or\n- (ii) to the extent the directive or power of attorney appoints an attorney to exercise power for a personal matter—the attorney resigns.","sortOrder":307},{"sectionNumber":"sec.228","sectionType":"section","heading":"Requirement to give notice—revocation of appointment of nominated support person","content":"### sec.228 Requirement to give notice—revocation of appointment of nominated support person\n\nThis section applies if—\na record for an appointment of a nominated support person is kept in the records system; and\nthe appointment is revoked by the person who made it.\nThe person must give the administrator of an authorised mental health service written notice of the revocation.\nOn receiving the notice, the administrator must remove the record for the appointment from the records system.\n(sec.228-ssec.1) This section applies if— a record for an appointment of a nominated support person is kept in the records system; and the appointment is revoked by the person who made it.\n(sec.228-ssec.2) The person must give the administrator of an authorised mental health service written notice of the revocation.\n(sec.228-ssec.3) On receiving the notice, the administrator must remove the record for the appointment from the records system.\n- (a) a record for an appointment of a nominated support person is kept in the records system; and\n- (b) the appointment is revoked by the person who made it.","sortOrder":308},{"sectionNumber":"sec.229","sectionType":"section","heading":"Requirement to give notice—resignation of nominated support person","content":"### sec.229 Requirement to give notice—resignation of nominated support person\n\nThis section applies if—\na record for an appointment of a nominated support person is kept in the records system; and\nthe person resigns as nominated support person.\nThe person must give the administrator of an authorised mental health service written notice of the resignation.\nOn receiving the notice, the administrator must remove the record for the appointment from the records system.\n(sec.229-ssec.1) This section applies if— a record for an appointment of a nominated support person is kept in the records system; and the person resigns as nominated support person.\n(sec.229-ssec.2) The person must give the administrator of an authorised mental health service written notice of the resignation.\n(sec.229-ssec.3) On receiving the notice, the administrator must remove the record for the appointment from the records system.\n- (a) a record for an appointment of a nominated support person is kept in the records system; and\n- (b) the person resigns as nominated support person.","sortOrder":309},{"sectionNumber":"sec.230","sectionType":"section","heading":"Copy in records system is proof","content":"### sec.230 Copy in records system is proof\n\nThis section applies if a record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system.\nThe directive or power of attorney may be proved by a copy produced from the records system.\nSee also the Powers of Attorney Act 1998 , section 45 for other ways in which the directive or power of attorney may be proved.\n(sec.230-ssec.1) This section applies if a record for an advance health directive or enduring power of attorney for a personal matter is kept in the records system.\n(sec.230-ssec.2) The directive or power of attorney may be proved by a copy produced from the records system. See also the Powers of Attorney Act 1998 , section 45 for other ways in which the directive or power of attorney may be proved.","sortOrder":310},{"sectionNumber":"ch.7-pt.9","sectionType":"part","heading":"Reporting on minors admitted to particular authorised mental health services","content":"# Reporting on minors admitted to particular authorised mental health services","sortOrder":311},{"sectionNumber":"sec.231","sectionType":"section","heading":"Obligation to notify public guardian","content":"### sec.231 Obligation to notify public guardian\n\nThis section applies if a minor is admitted to—\na high security unit; or\nan inpatient mental health unit of an authorised mental health service, other than a child and adolescent unit.\nThe administrator of the authorised mental health service must, within 72 hours after the minor is admitted, give the public guardian written notice of the admission.\nThe administrator of an authorised mental health service may enter into arrangements with the chief psychiatrist for the giving of notices under subsection (2) , on behalf of the administrator, to the public guardian.\nIn this section—\nchild and adolescent unit means an inpatient mental health unit of an authorised mental health service that provides treatment and care only to minors or young adults.\nan inpatient mental health unit of an authorised mental health service that admits only minors, or patients between 16 and 21 years\ninpatient mental health unit , of an authorised mental health service, means a part of the service to which patients are admitted for treatment and care and discharged on a day other than the day of admission.\ns 231 amd 2017 No. 3 s 20\n(sec.231-ssec.1) This section applies if a minor is admitted to— a high security unit; or an inpatient mental health unit of an authorised mental health service, other than a child and adolescent unit.\n(sec.231-ssec.2) The administrator of the authorised mental health service must, within 72 hours after the minor is admitted, give the public guardian written notice of the admission.\n(sec.231-ssec.3) The administrator of an authorised mental health service may enter into arrangements with the chief psychiatrist for the giving of notices under subsection (2) , on behalf of the administrator, to the public guardian.\n(sec.231-ssec.4) In this section— child and adolescent unit means an inpatient mental health unit of an authorised mental health service that provides treatment and care only to minors or young adults. an inpatient mental health unit of an authorised mental health service that admits only minors, or patients between 16 and 21 years inpatient mental health unit , of an authorised mental health service, means a part of the service to which patients are admitted for treatment and care and discharged on a day other than the day of admission. s 231 amd 2017 No. 3 s 20\n- (a) a high security unit; or\n- (b) an inpatient mental health unit of an authorised mental health service, other than a child and adolescent unit.","sortOrder":312},{"sectionNumber":"ch.7-pt.10","sectionType":"part","heading":"Regulated treatment","content":"# Regulated treatment","sortOrder":313},{"sectionNumber":"ch.7-pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":314},{"sectionNumber":"sec.232","sectionType":"section","heading":"Meaning of regulated treatment","content":"### sec.232 Meaning of regulated treatment\n\nIn this part—\nregulated treatment means—\nelectroconvulsive therapy; or\na non-ablative neurosurgical procedure.\n(sec.232-ssec) In this part— regulated treatment means— electroconvulsive therapy; or a non-ablative neurosurgical procedure.\n- (a) electroconvulsive therapy; or\n- (b) a non-ablative neurosurgical procedure.","sortOrder":315},{"sectionNumber":"ch.7-pt.10-div.2","sectionType":"division","heading":"Informed consent","content":"## Informed consent","sortOrder":316},{"sectionNumber":"sec.233","sectionType":"section","heading":"Requirements for informed consent","content":"### sec.233 Requirements for informed consent\n\nA person gives informed consent to the person’s treatment by regulated treatment only if—\nthe person has capacity to give consent to the treatment; and\nthe consent is in writing signed by the person.\nFor subsection (1) (a) , the person has capacity to give consent to the treatment if the person has the ability to—\nunderstand the nature and effect of a decision relating to the treatment; and\nfreely and voluntarily make the decision; and\ncommunicate the decision.\nA person can give informed consent in an advance health directive.\ns 233 amd 2022 No. 1 s 62\n(sec.233-ssec.1) A person gives informed consent to the person’s treatment by regulated treatment only if— the person has capacity to give consent to the treatment; and the consent is in writing signed by the person.\n(sec.233-ssec.2) For subsection (1) (a) , the person has capacity to give consent to the treatment if the person has the ability to— understand the nature and effect of a decision relating to the treatment; and freely and voluntarily make the decision; and communicate the decision.\n(sec.233-ssec.3) A person can give informed consent in an advance health directive.\n- (a) the person has capacity to give consent to the treatment; and\n- (b) the consent is in writing signed by the person.\n- (a) understand the nature and effect of a decision relating to the treatment; and\n- (b) freely and voluntarily make the decision; and\n- (c) communicate the decision.","sortOrder":317},{"sectionNumber":"sec.234","sectionType":"section","heading":"Explanation to be given","content":"### sec.234 Explanation to be given\n\nBefore a person gives informed consent to the person’s treatment by regulated treatment, the doctor proposing to provide the treatment must give the person a full explanation, in a form and language able to be understood by the person, about—\nthe purpose, method, likely duration and expected benefit of the treatment; and\npossible pain, discomfort, risks and side effects associated with the treatment; and\nalternative methods of treatment available to the person; and\nthe consequences of not receiving treatment.\n(sec.234-ssec) Before a person gives informed consent to the person’s treatment by regulated treatment, the doctor proposing to provide the treatment must give the person a full explanation, in a form and language able to be understood by the person, about— the purpose, method, likely duration and expected benefit of the treatment; and possible pain, discomfort, risks and side effects associated with the treatment; and alternative methods of treatment available to the person; and the consequences of not receiving treatment.\n- (a) the purpose, method, likely duration and expected benefit of the treatment; and\n- (b) possible pain, discomfort, risks and side effects associated with the treatment; and\n- (c) alternative methods of treatment available to the person; and\n- (d) the consequences of not receiving treatment.","sortOrder":318},{"sectionNumber":"ch.7-pt.10-div.3","sectionType":"division","heading":"Electroconvulsive therapy","content":"## Electroconvulsive therapy","sortOrder":319},{"sectionNumber":"sec.235","sectionType":"section","heading":"Offence to perform electroconvulsive therapy","content":"### sec.235 Offence to perform electroconvulsive therapy\n\nA person must not perform electroconvulsive therapy on another person other than under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.235-ssec) A person must not perform electroconvulsive therapy on another person other than under this Act. Maximum penalty—200 penalty units or 2 years imprisonment.","sortOrder":320},{"sectionNumber":"sec.236","sectionType":"section","heading":"Performance of electroconvulsive therapy with consent or tribunal approval","content":"### sec.236 Performance of electroconvulsive therapy with consent or tribunal approval\n\nA doctor for an authorised mental health service may perform electroconvulsive therapy on a patient in the authorised mental health service if—\nfor a patient who is an adult—\nif the adult is unable to give informed consent to the treatment or is subject to a treatment authority, forensic order or treatment support order—the tribunal has approved under section 509 the performance of the therapy on the adult; or\notherwise—the adult has given informed consent to the treatment; or\nfor a patient who is a minor—the tribunal has approved under section 509 the performance of the therapy on the minor.\nIf a doctor makes an application under section 507 to the tribunal for approval to perform the therapy on the patient, the doctor must, as soon as practicable after the application is made and to the extent practicable—\ntell the patient the application has been made; and\nexplain the application to the patient.\ns 236 amd 2022 No. 1 s 63\n(sec.236-ssec.1) A doctor for an authorised mental health service may perform electroconvulsive therapy on a patient in the authorised mental health service if— for a patient who is an adult— if the adult is unable to give informed consent to the treatment or is subject to a treatment authority, forensic order or treatment support order—the tribunal has approved under section 509 the performance of the therapy on the adult; or otherwise—the adult has given informed consent to the treatment; or for a patient who is a minor—the tribunal has approved under section 509 the performance of the therapy on the minor.\n(sec.236-ssec.2) If a doctor makes an application under section 507 to the tribunal for approval to perform the therapy on the patient, the doctor must, as soon as practicable after the application is made and to the extent practicable— tell the patient the application has been made; and explain the application to the patient.\n- (a) for a patient who is an adult— (i) if the adult is unable to give informed consent to the treatment or is subject to a treatment authority, forensic order or treatment support order—the tribunal has approved under section 509 the performance of the therapy on the adult; or (ii) otherwise—the adult has given informed consent to the treatment; or\n- (i) if the adult is unable to give informed consent to the treatment or is subject to a treatment authority, forensic order or treatment support order—the tribunal has approved under section 509 the performance of the therapy on the adult; or\n- (ii) otherwise—the adult has given informed consent to the treatment; or\n- (b) for a patient who is a minor—the tribunal has approved under section 509 the performance of the therapy on the minor.\n- (i) if the adult is unable to give informed consent to the treatment or is subject to a treatment authority, forensic order or treatment support order—the tribunal has approved under section 509 the performance of the therapy on the adult; or\n- (ii) otherwise—the adult has given informed consent to the treatment; or\n- (a) tell the patient the application has been made; and\n- (b) explain the application to the patient.","sortOrder":321},{"sectionNumber":"sec.237","sectionType":"section","heading":"Performance of electroconvulsive therapy in emergency","content":"### sec.237 Performance of electroconvulsive therapy in emergency\n\nThis section applies to the following (each a relevant patient )—\nan involuntary patient subject to a treatment authority, forensic order or treatment support order;\na person from another State detained in an authorised mental health service under section 368 (3) (b) .\nA doctor for an authorised mental health service may perform electroconvulsive therapy on the relevant patient in the authorised mental health service if—\na certificate under subsection (3) is in force for the relevant patient; and\nan application under section 507 has been made to the tribunal to perform electroconvulsive therapy on the relevant patient and is not decided.\nThe doctor and the senior medical administrator of the relevant patient’s treating health service may certify in writing that performing electroconvulsive therapy on the relevant patient is necessary—\nto save the relevant patient’s life; or\nto prevent the relevant patient from suffering irreparable harm.\nA certificate given under subsection (3) is in force for the period that—\nstarts on the day the application under section 507 is made; and\nends on the day the application under section 507 is decided.\nSection 727 (a) provides that an application under section 507 must be heard as soon as practicable after the application is made.\ns 237 amd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.237-ssec.1) This section applies to the following (each a relevant patient )— an involuntary patient subject to a treatment authority, forensic order or treatment support order; a person from another State detained in an authorised mental health service under section 368 (3) (b) .\n(sec.237-ssec.2) A doctor for an authorised mental health service may perform electroconvulsive therapy on the relevant patient in the authorised mental health service if— a certificate under subsection (3) is in force for the relevant patient; and an application under section 507 has been made to the tribunal to perform electroconvulsive therapy on the relevant patient and is not decided.\n(sec.237-ssec.3) The doctor and the senior medical administrator of the relevant patient’s treating health service may certify in writing that performing electroconvulsive therapy on the relevant patient is necessary— to save the relevant patient’s life; or to prevent the relevant patient from suffering irreparable harm.\n(sec.237-ssec.4) A certificate given under subsection (3) is in force for the period that— starts on the day the application under section 507 is made; and ends on the day the application under section 507 is decided. Section 727 (a) provides that an application under section 507 must be heard as soon as practicable after the application is made.\n- (a) an involuntary patient subject to a treatment authority, forensic order or treatment support order;\n- (b) a person from another State detained in an authorised mental health service under section 368 (3) (b) .\n- (a) a certificate under subsection (3) is in force for the relevant patient; and\n- (b) an application under section 507 has been made to the tribunal to perform electroconvulsive therapy on the relevant patient and is not decided.\n- (a) to save the relevant patient’s life; or\n- (b) to prevent the relevant patient from suffering irreparable harm.\n- (a) starts on the day the application under section 507 is made; and\n- (b) ends on the day the application under section 507 is decided.","sortOrder":322},{"sectionNumber":"ch.7-pt.10-div.4","sectionType":"division","heading":"Non-ablative neurosurgical procedures","content":"## Non-ablative neurosurgical procedures","sortOrder":323},{"sectionNumber":"sec.238","sectionType":"section","heading":"Offence to perform non-ablative neurosurgical procedure","content":"### sec.238 Offence to perform non-ablative neurosurgical procedure\n\nA person must not perform a non-ablative neurosurgical procedure on another person for the purpose of treating the other person’s mental illness other than under this Act.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nTo remove any doubt, it is declared that, for subsection (1) , none of the following is a mental illness—\nchronic tic disorder, dystonia, epilepsy, Gilles de la Tourette syndrome, Parkinson’s disease or tremor;\nanother neurological disorder prescribed by regulation.\n(sec.238-ssec.1) A person must not perform a non-ablative neurosurgical procedure on another person for the purpose of treating the other person’s mental illness other than under this Act. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.238-ssec.2) To remove any doubt, it is declared that, for subsection (1) , none of the following is a mental illness— chronic tic disorder, dystonia, epilepsy, Gilles de la Tourette syndrome, Parkinson’s disease or tremor; another neurological disorder prescribed by regulation.\n- (a) chronic tic disorder, dystonia, epilepsy, Gilles de la Tourette syndrome, Parkinson’s disease or tremor;\n- (b) another neurological disorder prescribed by regulation.","sortOrder":324},{"sectionNumber":"sec.239","sectionType":"section","heading":"Performance of non-ablative neurosurgical procedure with consent and tribunal approval","content":"### sec.239 Performance of non-ablative neurosurgical procedure with consent and tribunal approval\n\nA doctor for an authorised mental health service may perform a non-ablative neurosurgical procedure on a person in the authorised mental health service if—\nthe person has given informed consent to the treatment; and\nthe tribunal has approved under section 512 the performance of the procedure on the person.\ndeep brain stimulation\n(sec.239-ssec) A doctor for an authorised mental health service may perform a non-ablative neurosurgical procedure on a person in the authorised mental health service if— the person has given informed consent to the treatment; and the tribunal has approved under section 512 the performance of the procedure on the person. deep brain stimulation\n- (a) the person has given informed consent to the treatment; and\n- (b) the tribunal has approved under section 512 the performance of the procedure on the person.","sortOrder":325},{"sectionNumber":"ch.7-pt.11","sectionType":"part","heading":"Prohibited treatment","content":"# Prohibited treatment","sortOrder":326},{"sectionNumber":"sec.240","sectionType":"section","heading":"Particular therapies prohibited","content":"### sec.240 Particular therapies prohibited\n\nA person must not administer to another person—\ninsulin induced coma therapy; or\ndeep sleep therapy.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.240-ssec) A person must not administer to another person— insulin induced coma therapy; or deep sleep therapy. Maximum penalty—200 penalty units or 2 years imprisonment.\n- (a) insulin induced coma therapy; or\n- (b) deep sleep therapy.","sortOrder":327},{"sectionNumber":"sec.241","sectionType":"section","heading":"Psychosurgery prohibited","content":"### sec.241 Psychosurgery prohibited\n\nA person must not perform psychosurgery on another person.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.241-ssec) A person must not perform psychosurgery on another person. Maximum penalty—200 penalty units or 2 years imprisonment.","sortOrder":328},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":329},{"sectionNumber":"sec.242","sectionType":"section","heading":"Purpose of ch 8","content":"### sec.242 Purpose of ch 8\n\nThe purpose of this chapter is to provide for restrictions on the use of mechanical restraint, seclusion and physical restraint, and the appropriate use of medication, on patients in authorised mental health services.\nSee section 374 for the power to administer medication to a person for the purpose of transporting the person.\nSee section 375 for the power to use mechanical restraint on an involuntary patient for the purpose of transporting the patient.\n- 1 See section 374 for the power to administer medication to a person for the purpose of transporting the person.\n- 2 See section 375 for the power to use mechanical restraint on an involuntary patient for the purpose of transporting the patient.","sortOrder":330},{"sectionNumber":"sec.243","sectionType":"section","heading":"Definitions for ch 8","content":"### sec.243 Definitions for ch 8\n\nIn this chapter—\napproved device means a device approved by the chief psychiatrist, including, for example, in the restraint, seclusion and other practices policy.\nmechanical restraint see section 244 .\nmedication , for part 5 , division 2 , see section 271 .\npatient means—\nan involuntary patient; or\na person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\nphysical restraint see section 268 .\nreduction and elimination plan see section 264 .\nrelevant patient means—\nan involuntary patient in an authorised mental health service who is subject to a treatment authority, forensic order or treatment support order; or\na person from another State detained in an authorised mental health service under section 368 (3) (b) .\ns 243 def relevant patient amd 2022 No. 1 s 117 s ch 1 pt 2\nrequired information means information required by the chief psychiatrist in the restraint, seclusion and other practices policy.\nrequired time and way means the time and way required by the chief psychiatrist in the restraint, seclusion and other practices policy.\nseclusion see section 254 .\nunit , within an authorised mental health service, includes an emergency department or other assessment or treatment unit within the service.\n- (a) an involuntary patient; or\n- (b) a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\n- (a) an involuntary patient in an authorised mental health service who is subject to a treatment authority, forensic order or treatment support order; or\n- (b) a person from another State detained in an authorised mental health service under section 368 (3) (b) .","sortOrder":331},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Mechanical restraint","content":"# Mechanical restraint","sortOrder":332},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":333},{"sectionNumber":"sec.244","sectionType":"section","heading":"Meaning of mechanical restraint","content":"### sec.244 Meaning of mechanical restraint\n\nMechanical restraint is the restraint of a person by the application of a device to the person’s body, or a limb of the person, to restrict the person’s movement.\nHowever, mechanical restraint does not include—\nthe appropriate use of a medical or surgical appliance in the treatment of physical illness or injury; or\nrestraint of a person that is authorised or permitted under a law other than this part.\nThe restraint of a person by a police officer may be authorised under the Police Powers and Responsibilities Act 2000 , section 615 .\n(sec.244-ssec.1) Mechanical restraint is the restraint of a person by the application of a device to the person’s body, or a limb of the person, to restrict the person’s movement.\n(sec.244-ssec.2) However, mechanical restraint does not include— the appropriate use of a medical or surgical appliance in the treatment of physical illness or injury; or restraint of a person that is authorised or permitted under a law other than this part. The restraint of a person by a police officer may be authorised under the Police Powers and Responsibilities Act 2000 , section 615 .\n- (a) the appropriate use of a medical or surgical appliance in the treatment of physical illness or injury; or\n- (b) restraint of a person that is authorised or permitted under a law other than this part. Example for paragraph (b) — The restraint of a person by a police officer may be authorised under the Police Powers and Responsibilities Act 2000 , section 615 .","sortOrder":334},{"sectionNumber":"sec.245","sectionType":"section","heading":"Offence","content":"### sec.245 Offence\n\nA person must not use mechanical restraint on a patient in an authorised mental health service other than under this Act.\nMaximum penalty—200 penalty units.","sortOrder":335},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Authorised mechanical restraint","content":"## Authorised mechanical restraint","sortOrder":336},{"sectionNumber":"sec.246","sectionType":"section","heading":"Requirements for use of mechanical restraint on relevant patients","content":"### sec.246 Requirements for use of mechanical restraint on relevant patients\n\nThis section applies to a relevant patient.\nAn authorised doctor, or a health practitioner authorised by an authorised doctor, may use mechanical restraint on the relevant patient in the authorised mental health service if—\nthe authorised mental health service is—\na high security unit; or\nanother authorised mental health service approved by the chief psychiatrist for the purposes of this part; and\nthe device used is an approved device; and\nthe chief psychiatrist has given approval under section 249 for an authorised doctor to authorise the use of mechanical restraint on the relevant patient; and\nthe use of mechanical restraint on the relevant patient is authorised by an authorised doctor under section 250 ; and\nthe use of mechanical restraint on the relevant patient complies with the restraint, seclusion and other practices policy; and\nif a reduction and elimination plan for the relevant patient has been approved under section 267 —the use of mechanical restraint on the relevant patient complies with the plan; and\nthe use of mechanical restraint on the relevant patient, including applying the device to the relevant patient, is with no more force than is necessary and reasonable in the circumstances; and\nthe relevant patient is observed continuously while restrained.\n(sec.246-ssec.1) This section applies to a relevant patient.\n(sec.246-ssec.2) An authorised doctor, or a health practitioner authorised by an authorised doctor, may use mechanical restraint on the relevant patient in the authorised mental health service if— the authorised mental health service is— a high security unit; or another authorised mental health service approved by the chief psychiatrist for the purposes of this part; and the device used is an approved device; and the chief psychiatrist has given approval under section 249 for an authorised doctor to authorise the use of mechanical restraint on the relevant patient; and the use of mechanical restraint on the relevant patient is authorised by an authorised doctor under section 250 ; and the use of mechanical restraint on the relevant patient complies with the restraint, seclusion and other practices policy; and if a reduction and elimination plan for the relevant patient has been approved under section 267 —the use of mechanical restraint on the relevant patient complies with the plan; and the use of mechanical restraint on the relevant patient, including applying the device to the relevant patient, is with no more force than is necessary and reasonable in the circumstances; and the relevant patient is observed continuously while restrained.\n- (a) the authorised mental health service is— (i) a high security unit; or (ii) another authorised mental health service approved by the chief psychiatrist for the purposes of this part; and\n- (i) a high security unit; or\n- (ii) another authorised mental health service approved by the chief psychiatrist for the purposes of this part; and\n- (b) the device used is an approved device; and\n- (c) the chief psychiatrist has given approval under section 249 for an authorised doctor to authorise the use of mechanical restraint on the relevant patient; and\n- (d) the use of mechanical restraint on the relevant patient is authorised by an authorised doctor under section 250 ; and\n- (e) the use of mechanical restraint on the relevant patient complies with the restraint, seclusion and other practices policy; and\n- (f) if a reduction and elimination plan for the relevant patient has been approved under section 267 —the use of mechanical restraint on the relevant patient complies with the plan; and\n- (g) the use of mechanical restraint on the relevant patient, including applying the device to the relevant patient, is with no more force than is necessary and reasonable in the circumstances; and\n- (h) the relevant patient is observed continuously while restrained.\n- (i) a high security unit; or\n- (ii) another authorised mental health service approved by the chief psychiatrist for the purposes of this part; and","sortOrder":337},{"sectionNumber":"sec.247","sectionType":"section","heading":"Application for chief psychiatrist’s approval","content":"### sec.247 Application for chief psychiatrist’s approval\n\nAn authorised doctor may apply to the chief psychiatrist for an approval enabling the authorised doctor to authorise, under section 250 , the use of mechanical restraint on a relevant patient in an authorised mental health service.\nThe application must be in the approved form and state the following—\nthe name of the relevant patient and the relevant patient’s treating health service;\ninformation about the relevant patient’s mental condition;\nthe reasons why the authorised doctor considers there is no other reasonably practicable way to protect the relevant patient or others from physical harm;\nthe period, of not more than 7 days, for which the approval is sought;\nthe approved device for which the approval is sought;\nany proposed limitations on the use of mechanical restraint on the relevant patient;\nthe way in which the relevant patient is to be observed continuously while restrained.\nThe application may include an application under section 266 for approval of a reduction and elimination plan for the relevant patient.\n(sec.247-ssec.1) An authorised doctor may apply to the chief psychiatrist for an approval enabling the authorised doctor to authorise, under section 250 , the use of mechanical restraint on a relevant patient in an authorised mental health service.\n(sec.247-ssec.2) The application must be in the approved form and state the following— the name of the relevant patient and the relevant patient’s treating health service; information about the relevant patient’s mental condition; the reasons why the authorised doctor considers there is no other reasonably practicable way to protect the relevant patient or others from physical harm; the period, of not more than 7 days, for which the approval is sought; the approved device for which the approval is sought; any proposed limitations on the use of mechanical restraint on the relevant patient; the way in which the relevant patient is to be observed continuously while restrained.\n(sec.247-ssec.3) The application may include an application under section 266 for approval of a reduction and elimination plan for the relevant patient.\n- (a) the name of the relevant patient and the relevant patient’s treating health service;\n- (b) information about the relevant patient’s mental condition;\n- (c) the reasons why the authorised doctor considers there is no other reasonably practicable way to protect the relevant patient or others from physical harm;\n- (d) the period, of not more than 7 days, for which the approval is sought;\n- (e) the approved device for which the approval is sought;\n- (f) any proposed limitations on the use of mechanical restraint on the relevant patient;\n- (g) the way in which the relevant patient is to be observed continuously while restrained.","sortOrder":338},{"sectionNumber":"sec.248","sectionType":"section","heading":"Chief psychiatrist may require amendment of application to include reduction and elimination plan","content":"### sec.248 Chief psychiatrist may require amendment of application to include reduction and elimination plan\n\nThis section applies if an application made by an authorised doctor under section 247 does not include an application under section 266 for approval of a reduction and elimination plan for the relevant patient.\nThe chief psychiatrist may, by written notice given to the authorised doctor, require the authorised doctor to amend the application to include an application under section 266 for approval of a reduction and elimination plan for the relevant patient.\n(sec.248-ssec.1) This section applies if an application made by an authorised doctor under section 247 does not include an application under section 266 for approval of a reduction and elimination plan for the relevant patient.\n(sec.248-ssec.2) The chief psychiatrist may, by written notice given to the authorised doctor, require the authorised doctor to amend the application to include an application under section 266 for approval of a reduction and elimination plan for the relevant patient.","sortOrder":339},{"sectionNumber":"sec.249","sectionType":"section","heading":"Chief psychiatrist may approve authorisation of use of mechanical restraint","content":"### sec.249 Chief psychiatrist may approve authorisation of use of mechanical restraint\n\nThe chief psychiatrist may give approval enabling an authorised doctor to authorise, under section 250 , the use of mechanical restraint on a relevant patient if the chief psychiatrist is satisfied there is no other reasonably practicable way to protect the relevant patient or others from physical harm.\nThe approval must state—\nthe period, of not more than 7 days, during which an authorised doctor may authorise the use of mechanical restraint on the relevant patient; and\nthe approved device that must be used; and\nany limitations to be included in the authorisation relating to the use of mechanical restraint on the relevant patient; and\nthe way in which the relevant patient must be observed continuously while restrained; and\nany other conditions the chief psychiatrist considers appropriate.\nThe approval may include approval under section 267 of a reduction and elimination plan for the relevant patient.\n(sec.249-ssec.1) The chief psychiatrist may give approval enabling an authorised doctor to authorise, under section 250 , the use of mechanical restraint on a relevant patient if the chief psychiatrist is satisfied there is no other reasonably practicable way to protect the relevant patient or others from physical harm.\n(sec.249-ssec.2) The approval must state— the period, of not more than 7 days, during which an authorised doctor may authorise the use of mechanical restraint on the relevant patient; and the approved device that must be used; and any limitations to be included in the authorisation relating to the use of mechanical restraint on the relevant patient; and the way in which the relevant patient must be observed continuously while restrained; and any other conditions the chief psychiatrist considers appropriate.\n(sec.249-ssec.3) The approval may include approval under section 267 of a reduction and elimination plan for the relevant patient.\n- (a) the period, of not more than 7 days, during which an authorised doctor may authorise the use of mechanical restraint on the relevant patient; and\n- (b) the approved device that must be used; and\n- (c) any limitations to be included in the authorisation relating to the use of mechanical restraint on the relevant patient; and\n- (d) the way in which the relevant patient must be observed continuously while restrained; and\n- (e) any other conditions the chief psychiatrist considers appropriate.","sortOrder":340},{"sectionNumber":"sec.250","sectionType":"section","heading":"Authorisation of use of mechanical restraint by authorised doctor","content":"### sec.250 Authorisation of use of mechanical restraint by authorised doctor\n\nAn authorised doctor may authorise the use of mechanical restraint on a relevant patient in an authorised mental health service if the authorised doctor is satisfied—\nthere is no other reasonably practicable way to protect the relevant patient or others from physical harm; and\nthe authorisation complies with the approval given by the chief psychiatrist under section 249 ; and\nthe authorisation complies with the restraint, seclusion and other practices policy; and\nif a reduction and elimination plan for the relevant patient has been approved under section 267 —the authorisation complies with the plan.\nThe authorisation must be in writing and state the following—\nthe period, of not more than 3 hours, during which mechanical restraint may be used on the relevant patient;\nthe approved device that must be used;\nthe time at which the use of mechanical restraint on the relevant patient is to start (the start time );\nthe time at which the use of mechanical restraint on the relevant patient is to end (the end time );\nthe measures that must be taken to ensure the health, safety and comfort of the relevant patient;\nthe way in which the relevant patient must be observed continuously while restrained;\nwhether a health practitioner may end the use of mechanical restraint before the end time.\nThe authorisation may state a start time that is immediately after the end time of a previous authorisation.\nHowever, an authorisation (the proposed authorisation ) may not be given if the total period for which mechanical restraint has been used on the relevant patient under any previous authorisation, and may be used on the relevant patient under the proposed authorisation, is more than 9 hours in a 24-hour period.\nSubsection (4) does not apply if a reduction and elimination plan approved under section 267 provides for the use of mechanical restraint on the relevant patient for more than 9 hours in a 24-hour period.\ns 250 amd 2017 No. 3 s 21\n(sec.250-ssec.1) An authorised doctor may authorise the use of mechanical restraint on a relevant patient in an authorised mental health service if the authorised doctor is satisfied— there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and the authorisation complies with the approval given by the chief psychiatrist under section 249 ; and the authorisation complies with the restraint, seclusion and other practices policy; and if a reduction and elimination plan for the relevant patient has been approved under section 267 —the authorisation complies with the plan.\n(sec.250-ssec.2) The authorisation must be in writing and state the following— the period, of not more than 3 hours, during which mechanical restraint may be used on the relevant patient; the approved device that must be used; the time at which the use of mechanical restraint on the relevant patient is to start (the start time ); the time at which the use of mechanical restraint on the relevant patient is to end (the end time ); the measures that must be taken to ensure the health, safety and comfort of the relevant patient; the way in which the relevant patient must be observed continuously while restrained; whether a health practitioner may end the use of mechanical restraint before the end time.\n(sec.250-ssec.3) The authorisation may state a start time that is immediately after the end time of a previous authorisation.\n(sec.250-ssec.4) However, an authorisation (the proposed authorisation ) may not be given if the total period for which mechanical restraint has been used on the relevant patient under any previous authorisation, and may be used on the relevant patient under the proposed authorisation, is more than 9 hours in a 24-hour period.\n(sec.250-ssec.5) Subsection (4) does not apply if a reduction and elimination plan approved under section 267 provides for the use of mechanical restraint on the relevant patient for more than 9 hours in a 24-hour period.\n- (a) there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and\n- (b) the authorisation complies with the approval given by the chief psychiatrist under section 249 ; and\n- (c) the authorisation complies with the restraint, seclusion and other practices policy; and\n- (d) if a reduction and elimination plan for the relevant patient has been approved under section 267 —the authorisation complies with the plan.\n- (a) the period, of not more than 3 hours, during which mechanical restraint may be used on the relevant patient;\n- (b) the approved device that must be used;\n- (c) the time at which the use of mechanical restraint on the relevant patient is to start (the start time );\n- (d) the time at which the use of mechanical restraint on the relevant patient is to end (the end time );\n- (e) the measures that must be taken to ensure the health, safety and comfort of the relevant patient;\n- (f) the way in which the relevant patient must be observed continuously while restrained;\n- (g) whether a health practitioner may end the use of mechanical restraint before the end time.","sortOrder":341},{"sectionNumber":"sec.251","sectionType":"section","heading":"Duties of health practitioner in charge of unit","content":"### sec.251 Duties of health practitioner in charge of unit\n\nThe health practitioner in charge of an inpatient unit or other unit within an authorised mental health service must, if mechanical restraint is used on a relevant patient while the health practitioner is in charge of the unit—\nensure the use complies with the authorisation under section 250 ; and\nensure the relevant patient’s reasonable needs are met, including, for example, being given—\nsufficient bedding and clothing; and\nsufficient food and drink; and\naccess to toilet facilities; and\nrecord the required information about the use of mechanical restraint on the relevant patient in the required time and way.\n- (a) ensure the use complies with the authorisation under section 250 ; and\n- (b) ensure the relevant patient’s reasonable needs are met, including, for example, being given— (i) sufficient bedding and clothing; and (ii) sufficient food and drink; and (iii) access to toilet facilities; and\n- (i) sufficient bedding and clothing; and\n- (ii) sufficient food and drink; and\n- (iii) access to toilet facilities; and\n- (c) record the required information about the use of mechanical restraint on the relevant patient in the required time and way.\n- (i) sufficient bedding and clothing; and\n- (ii) sufficient food and drink; and\n- (iii) access to toilet facilities; and","sortOrder":342},{"sectionNumber":"sec.252","sectionType":"section","heading":"Removal of mechanical restraint before authorisation ends","content":"### sec.252 Removal of mechanical restraint before authorisation ends\n\nThe chief psychiatrist must direct an authorised doctor, or the health practitioner in charge of the unit, to end the use of mechanical restraint on a relevant patient, before the end time stated in the authorisation under section 250 , if the chief psychiatrist is satisfied the use of mechanical restraint on the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\nAn authorised doctor must end the use of mechanical restraint on a relevant patient, before the end time stated in the authorisation under section 250 , if the authorised doctor is satisfied the use of mechanical restraint on the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\nThe health practitioner in charge of the unit must end the use of mechanical restraint on a relevant patient, before the end time stated in the authorisation under section 250 , if—\nthe authorisation states a health practitioner may end the use of mechanical restraint before the end time; and\nthe health practitioner is satisfied the use of mechanical restraint on the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\nIf the health practitioner in charge of the unit ends the use of mechanical restraint under subsection (3) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the use is ended.\n(sec.252-ssec.1) The chief psychiatrist must direct an authorised doctor, or the health practitioner in charge of the unit, to end the use of mechanical restraint on a relevant patient, before the end time stated in the authorisation under section 250 , if the chief psychiatrist is satisfied the use of mechanical restraint on the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\n(sec.252-ssec.2) An authorised doctor must end the use of mechanical restraint on a relevant patient, before the end time stated in the authorisation under section 250 , if the authorised doctor is satisfied the use of mechanical restraint on the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\n(sec.252-ssec.3) The health practitioner in charge of the unit must end the use of mechanical restraint on a relevant patient, before the end time stated in the authorisation under section 250 , if— the authorisation states a health practitioner may end the use of mechanical restraint before the end time; and the health practitioner is satisfied the use of mechanical restraint on the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\n(sec.252-ssec.4) If the health practitioner in charge of the unit ends the use of mechanical restraint under subsection (3) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the use is ended.\n- (a) the authorisation states a health practitioner may end the use of mechanical restraint before the end time; and\n- (b) the health practitioner is satisfied the use of mechanical restraint on the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.","sortOrder":343},{"sectionNumber":"sec.253","sectionType":"section","heading":"Reuse of mechanical restraint","content":"### sec.253 Reuse of mechanical restraint\n\nThis section applies if an authorised doctor or the health practitioner in charge of the unit ends the use of mechanical restraint under section 252 .\nThe authorised doctor or health practitioner may, at any time before the end time stated in the authorisation under section 250 , reuse mechanical restraint on the relevant patient if satisfied there is no other reasonably practicable way to protect the relevant patient or others from physical harm.\nThe reuse must comply with the authorisation under section 250 including the end time stated in the authorisation.\nIf the health practitioner in charge of the unit reuses mechanical restraint under subsection (2) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the reuse.\n(sec.253-ssec.1) This section applies if an authorised doctor or the health practitioner in charge of the unit ends the use of mechanical restraint under section 252 .\n(sec.253-ssec.2) The authorised doctor or health practitioner may, at any time before the end time stated in the authorisation under section 250 , reuse mechanical restraint on the relevant patient if satisfied there is no other reasonably practicable way to protect the relevant patient or others from physical harm.\n(sec.253-ssec.3) The reuse must comply with the authorisation under section 250 including the end time stated in the authorisation.\n(sec.253-ssec.4) If the health practitioner in charge of the unit reuses mechanical restraint under subsection (2) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the reuse.","sortOrder":344},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Seclusion","content":"# Seclusion","sortOrder":345},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":346},{"sectionNumber":"sec.254","sectionType":"section","heading":"Meaning of seclusion","content":"### sec.254 Meaning of seclusion\n\nSeclusion is the confinement of a person, at any time of the day or night, alone in a room or area from which free exit is prevented.\nHowever, seclusion does not include—\nconfinement of a person in a high security unit, or in another authorised mental health service approved by the chief psychiatrist for the purposes of this part, if the confinement is—\nfor a period, approved by the administrator of the service, of not more than 10 hours between 8p.m. and 8a.m.; and\nfor security purposes; or\nconfinement that is authorised under a law other than this part.\n(sec.254-ssec.1) Seclusion is the confinement of a person, at any time of the day or night, alone in a room or area from which free exit is prevented.\n(sec.254-ssec.2) However, seclusion does not include— confinement of a person in a high security unit, or in another authorised mental health service approved by the chief psychiatrist for the purposes of this part, if the confinement is— for a period, approved by the administrator of the service, of not more than 10 hours between 8p.m. and 8a.m.; and for security purposes; or confinement that is authorised under a law other than this part.\n- (a) confinement of a person in a high security unit, or in another authorised mental health service approved by the chief psychiatrist for the purposes of this part, if the confinement is— (i) for a period, approved by the administrator of the service, of not more than 10 hours between 8p.m. and 8a.m.; and (ii) for security purposes; or\n- (i) for a period, approved by the administrator of the service, of not more than 10 hours between 8p.m. and 8a.m.; and\n- (ii) for security purposes; or\n- (b) confinement that is authorised under a law other than this part.\n- (i) for a period, approved by the administrator of the service, of not more than 10 hours between 8p.m. and 8a.m.; and\n- (ii) for security purposes; or","sortOrder":347},{"sectionNumber":"sec.255","sectionType":"section","heading":"Offence","content":"### sec.255 Offence\n\nA person must not keep a patient in seclusion in an authorised mental health service other than under this Act.\nMaximum penalty—200 penalty units.","sortOrder":348},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Authorised seclusion","content":"## Authorised seclusion","sortOrder":349},{"sectionNumber":"sec.256","sectionType":"section","heading":"Requirements for seclusion of relevant patients","content":"### sec.256 Requirements for seclusion of relevant patients\n\nThis section applies to a relevant patient.\nAn authorised doctor, or a health practitioner authorised by an authorised doctor, may keep the relevant patient in seclusion in the authorised mental health service if—\nthe seclusion of the relevant patient is authorised by an authorised doctor under section 258 or 259 ; and\nif a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and\nthe seclusion of the relevant patient complies with the restraint, seclusion and other practices policy; and\nif a reduction and elimination plan for the relevant patient has been approved under section 267 —the seclusion of the relevant patient complies with the plan; and\nthe seclusion of the relevant patient is done with no more force than is necessary and reasonable in the circumstances; and\nthe relevant patient is observed, while kept in seclusion, either—\ncontinuously; or\nat intervals of not more than 15 minutes.\n(sec.256-ssec.1) This section applies to a relevant patient.\n(sec.256-ssec.2) An authorised doctor, or a health practitioner authorised by an authorised doctor, may keep the relevant patient in seclusion in the authorised mental health service if— the seclusion of the relevant patient is authorised by an authorised doctor under section 258 or 259 ; and if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and the seclusion of the relevant patient complies with the restraint, seclusion and other practices policy; and if a reduction and elimination plan for the relevant patient has been approved under section 267 —the seclusion of the relevant patient complies with the plan; and the seclusion of the relevant patient is done with no more force than is necessary and reasonable in the circumstances; and the relevant patient is observed, while kept in seclusion, either— continuously; or at intervals of not more than 15 minutes.\n- (a) the seclusion of the relevant patient is authorised by an authorised doctor under section 258 or 259 ; and\n- (b) if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and\n- (c) the seclusion of the relevant patient complies with the restraint, seclusion and other practices policy; and\n- (d) if a reduction and elimination plan for the relevant patient has been approved under section 267 —the seclusion of the relevant patient complies with the plan; and\n- (e) the seclusion of the relevant patient is done with no more force than is necessary and reasonable in the circumstances; and\n- (f) the relevant patient is observed, while kept in seclusion, either— (i) continuously; or (ii) at intervals of not more than 15 minutes.\n- (i) continuously; or\n- (ii) at intervals of not more than 15 minutes.\n- (i) continuously; or\n- (ii) at intervals of not more than 15 minutes.","sortOrder":350},{"sectionNumber":"sec.257","sectionType":"section","heading":"Chief psychiatrist may give written direction about seclusion","content":"### sec.257 Chief psychiatrist may give written direction about seclusion\n\nThe chief psychiatrist may give an authorised mental health service a written direction stating any of the following—\nthat no relevant patients may be kept in seclusion;\nthat a class of relevant patients may not be kept in seclusion;\nthat a particular relevant patient may not be kept in seclusion;\nrequirements about the way in which all relevant patients, a class of relevant patients, or a particular relevant patient are to be kept in seclusion;\nthat all relevant patients, a class of relevant patients, or a particular relevant patient may be kept in seclusion only if the seclusion is provided for under a reduction and elimination plan for the relevant patient approved under section 267 .\n- (a) that no relevant patients may be kept in seclusion;\n- (b) that a class of relevant patients may not be kept in seclusion;\n- (c) that a particular relevant patient may not be kept in seclusion;\n- (d) requirements about the way in which all relevant patients, a class of relevant patients, or a particular relevant patient are to be kept in seclusion;\n- (e) that all relevant patients, a class of relevant patients, or a particular relevant patient may be kept in seclusion only if the seclusion is provided for under a reduction and elimination plan for the relevant patient approved under section 267 .","sortOrder":351},{"sectionNumber":"sec.258","sectionType":"section","heading":"Authorisation of seclusion by authorised doctor","content":"### sec.258 Authorisation of seclusion by authorised doctor\n\nAn authorised doctor may authorise the seclusion of a relevant patient in an authorised mental health service if the authorised doctor is satisfied—\nthere is no other reasonably practicable way to protect the relevant patient or others from physical harm; and\nif a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion complies with the direction; and\nthe seclusion of the relevant patient complies with the restraint, seclusion and other practices policy; and\nif a reduction and elimination plan for the relevant patient has been approved under section 267 —the seclusion of the relevant patient complies with the plan.\nThe authorisation must be in writing and state the following—\nthe period, of not more than 3 hours, during which the relevant patient may be kept in seclusion;\nthe time at which the seclusion of the relevant patient is to start (the start time );\nthe time at which the seclusion of the relevant patient is to end (the end time );\nthe measures that must be taken to ensure the health, safety and comfort of the relevant patient;\nthe way in which the relevant patient must be observed while kept in seclusion including whether the relevant patient must be observed continuously or at stated intervals of not more than 15 minutes;\nwhether a health practitioner may remove the relevant patient from seclusion before the end time.\nThe authorisation may state a start time that is immediately after the end time of a previous authorisation.\nHowever, an authorisation (the proposed authorisation ) may not be given if the total period for which the relevant patient has been kept in seclusion under any previous authorisation or under section 263 , and may be kept in seclusion under the proposed authorisation, is more than 9 hours in a 24-hour period.\nSubsection (4) does not apply if a reduction and elimination plan approved under section 267 provides for the seclusion of the relevant patient, including under section 263 , for more than 9 hours in a 24-hour period.\ns 258 amd 2017 No. 3 s 22\n(sec.258-ssec.1) An authorised doctor may authorise the seclusion of a relevant patient in an authorised mental health service if the authorised doctor is satisfied— there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion complies with the direction; and the seclusion of the relevant patient complies with the restraint, seclusion and other practices policy; and if a reduction and elimination plan for the relevant patient has been approved under section 267 —the seclusion of the relevant patient complies with the plan.\n(sec.258-ssec.2) The authorisation must be in writing and state the following— the period, of not more than 3 hours, during which the relevant patient may be kept in seclusion; the time at which the seclusion of the relevant patient is to start (the start time ); the time at which the seclusion of the relevant patient is to end (the end time ); the measures that must be taken to ensure the health, safety and comfort of the relevant patient; the way in which the relevant patient must be observed while kept in seclusion including whether the relevant patient must be observed continuously or at stated intervals of not more than 15 minutes; whether a health practitioner may remove the relevant patient from seclusion before the end time.\n(sec.258-ssec.3) The authorisation may state a start time that is immediately after the end time of a previous authorisation.\n(sec.258-ssec.4) However, an authorisation (the proposed authorisation ) may not be given if the total period for which the relevant patient has been kept in seclusion under any previous authorisation or under section 263 , and may be kept in seclusion under the proposed authorisation, is more than 9 hours in a 24-hour period.\n(sec.258-ssec.5) Subsection (4) does not apply if a reduction and elimination plan approved under section 267 provides for the seclusion of the relevant patient, including under section 263 , for more than 9 hours in a 24-hour period.\n- (a) there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and\n- (b) if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion complies with the direction; and\n- (c) the seclusion of the relevant patient complies with the restraint, seclusion and other practices policy; and\n- (d) if a reduction and elimination plan for the relevant patient has been approved under section 267 —the seclusion of the relevant patient complies with the plan.\n- (a) the period, of not more than 3 hours, during which the relevant patient may be kept in seclusion;\n- (b) the time at which the seclusion of the relevant patient is to start (the start time );\n- (c) the time at which the seclusion of the relevant patient is to end (the end time );\n- (d) the measures that must be taken to ensure the health, safety and comfort of the relevant patient;\n- (e) the way in which the relevant patient must be observed while kept in seclusion including whether the relevant patient must be observed continuously or at stated intervals of not more than 15 minutes;\n- (f) whether a health practitioner may remove the relevant patient from seclusion before the end time.","sortOrder":352},{"sectionNumber":"sec.259","sectionType":"section","heading":"Extension of period of seclusion","content":"### sec.259 Extension of period of seclusion\n\nThis section applies if the total period for which a relevant patient has been or may be kept in seclusion in an authorised mental health service under an authorisation made under section 258 is more than 9 hours in a 24-hour period.\nAn authorised doctor for the authorised mental health service may extend the period during which the relevant patient may be kept in seclusion, for a further period of not more than 12 hours, if—\nthe authorised doctor is satisfied—\nof the matters mentioned in section 258 (1) (a) to (c) ; and\nit has not been reasonably practicable for a reduction and elimination plan for the relevant patient to be approved during the 9 hours; and\nthe clinical director of the authorised mental health service, upon being satisfied of the matters mentioned in paragraph (a) , has given written approval for the extension.\nThe extension must be in writing and state the following—\nthe further period, of not more than 12 hours, during which the relevant patient may be kept in seclusion;\nthe time at which the further period of seclusion of the relevant patient is to start (the start time );\nthe time at which the further period of seclusion of the relevant patient is to end (the end time );\nthe measures that must be taken to ensure the health, safety and comfort of the relevant patient;\nthe way in which the relevant patient must be observed while kept in the further period of seclusion, including whether the relevant patient must be observed continuously or at stated intervals of not more than 15 minutes;\nwhether a health practitioner may remove the relevant patient from seclusion before the end time.\nAs soon as practicable after giving the extension, the authorised doctor must—\nnotify the chief psychiatrist of the extension; and\nmake an application under section 266 for a reduction and elimination plan for the relevant patient.\ns 259 amd 2017 No. 3 s 23\n(sec.259-ssec.1) This section applies if the total period for which a relevant patient has been or may be kept in seclusion in an authorised mental health service under an authorisation made under section 258 is more than 9 hours in a 24-hour period.\n(sec.259-ssec.2) An authorised doctor for the authorised mental health service may extend the period during which the relevant patient may be kept in seclusion, for a further period of not more than 12 hours, if— the authorised doctor is satisfied— of the matters mentioned in section 258 (1) (a) to (c) ; and it has not been reasonably practicable for a reduction and elimination plan for the relevant patient to be approved during the 9 hours; and the clinical director of the authorised mental health service, upon being satisfied of the matters mentioned in paragraph (a) , has given written approval for the extension.\n(sec.259-ssec.3) The extension must be in writing and state the following— the further period, of not more than 12 hours, during which the relevant patient may be kept in seclusion; the time at which the further period of seclusion of the relevant patient is to start (the start time ); the time at which the further period of seclusion of the relevant patient is to end (the end time ); the measures that must be taken to ensure the health, safety and comfort of the relevant patient; the way in which the relevant patient must be observed while kept in the further period of seclusion, including whether the relevant patient must be observed continuously or at stated intervals of not more than 15 minutes; whether a health practitioner may remove the relevant patient from seclusion before the end time.\n(sec.259-ssec.4) As soon as practicable after giving the extension, the authorised doctor must— notify the chief psychiatrist of the extension; and make an application under section 266 for a reduction and elimination plan for the relevant patient. s 259 amd 2017 No. 3 s 23\n- (a) the authorised doctor is satisfied— (i) of the matters mentioned in section 258 (1) (a) to (c) ; and (ii) it has not been reasonably practicable for a reduction and elimination plan for the relevant patient to be approved during the 9 hours; and\n- (i) of the matters mentioned in section 258 (1) (a) to (c) ; and\n- (ii) it has not been reasonably practicable for a reduction and elimination plan for the relevant patient to be approved during the 9 hours; and\n- (b) the clinical director of the authorised mental health service, upon being satisfied of the matters mentioned in paragraph (a) , has given written approval for the extension.\n- (i) of the matters mentioned in section 258 (1) (a) to (c) ; and\n- (ii) it has not been reasonably practicable for a reduction and elimination plan for the relevant patient to be approved during the 9 hours; and\n- (a) the further period, of not more than 12 hours, during which the relevant patient may be kept in seclusion;\n- (b) the time at which the further period of seclusion of the relevant patient is to start (the start time );\n- (c) the time at which the further period of seclusion of the relevant patient is to end (the end time );\n- (d) the measures that must be taken to ensure the health, safety and comfort of the relevant patient;\n- (e) the way in which the relevant patient must be observed while kept in the further period of seclusion, including whether the relevant patient must be observed continuously or at stated intervals of not more than 15 minutes;\n- (f) whether a health practitioner may remove the relevant patient from seclusion before the end time.\n- (a) notify the chief psychiatrist of the extension; and\n- (b) make an application under section 266 for a reduction and elimination plan for the relevant patient.","sortOrder":353},{"sectionNumber":"sec.260","sectionType":"section","heading":"Duties of health practitioner in charge of unit","content":"### sec.260 Duties of health practitioner in charge of unit\n\nThe health practitioner in charge of an inpatient unit or other unit within an authorised mental health service must, if the relevant patient is kept in seclusion while the health practitioner is in charge of the unit—\nensure the seclusion complies with the authorisation under section 258 or 259 ; and\nensure the relevant patient’s reasonable needs are met, including, for example, being given—\nsufficient bedding and clothing; and\nsufficient food and drink; and\naccess to toilet facilities; and\nrecord the required information about the seclusion of the relevant patient in the required time and way.\n- (a) ensure the seclusion complies with the authorisation under section 258 or 259 ; and\n- (b) ensure the relevant patient’s reasonable needs are met, including, for example, being given— (i) sufficient bedding and clothing; and (ii) sufficient food and drink; and (iii) access to toilet facilities; and\n- (i) sufficient bedding and clothing; and\n- (ii) sufficient food and drink; and\n- (iii) access to toilet facilities; and\n- (c) record the required information about the seclusion of the relevant patient in the required time and way.\n- (i) sufficient bedding and clothing; and\n- (ii) sufficient food and drink; and\n- (iii) access to toilet facilities; and","sortOrder":354},{"sectionNumber":"sec.261","sectionType":"section","heading":"Removal from seclusion before authorisation ends","content":"### sec.261 Removal from seclusion before authorisation ends\n\nThe chief psychiatrist must direct an authorised doctor, or the health practitioner in charge of the unit, to remove a relevant patient from seclusion, before the end time stated in the authorisation under section 258 or 259 , if the chief psychiatrist is satisfied that seclusion of the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\nAn authorised doctor must remove a relevant patient from seclusion, before the end time stated in the authorisation under section 258 or 259 , if the authorised doctor is satisfied that seclusion of the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\nThe health practitioner in charge of the unit must remove a relevant patient from seclusion, before the end time stated in the authorisation under section 258 or 259 , if—\nthe authorisation states a health practitioner may remove the relevant patient from seclusion before the end time; and\nthe health practitioner is satisfied that seclusion of the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\nIf the health practitioner in charge of the unit removes a relevant patient from seclusion under subsection (3) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the removal.\n(sec.261-ssec.1) The chief psychiatrist must direct an authorised doctor, or the health practitioner in charge of the unit, to remove a relevant patient from seclusion, before the end time stated in the authorisation under section 258 or 259 , if the chief psychiatrist is satisfied that seclusion of the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\n(sec.261-ssec.2) An authorised doctor must remove a relevant patient from seclusion, before the end time stated in the authorisation under section 258 or 259 , if the authorised doctor is satisfied that seclusion of the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\n(sec.261-ssec.3) The health practitioner in charge of the unit must remove a relevant patient from seclusion, before the end time stated in the authorisation under section 258 or 259 , if— the authorisation states a health practitioner may remove the relevant patient from seclusion before the end time; and the health practitioner is satisfied that seclusion of the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.\n(sec.261-ssec.4) If the health practitioner in charge of the unit removes a relevant patient from seclusion under subsection (3) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the removal.\n- (a) the authorisation states a health practitioner may remove the relevant patient from seclusion before the end time; and\n- (b) the health practitioner is satisfied that seclusion of the relevant patient is no longer necessary to protect the relevant patient or others from physical harm.","sortOrder":355},{"sectionNumber":"sec.262","sectionType":"section","heading":"Return to seclusion after removal","content":"### sec.262 Return to seclusion after removal\n\nThis section applies if an authorised doctor or the health practitioner in charge of the unit removes a relevant patient from seclusion under section 261 .\nThe authorised doctor or health practitioner may, at any time before the end time stated in the authorisation under section 258 or 259 , return the relevant patient to seclusion if satisfied there is no other reasonably practicable way to protect the relevant patient or others from physical harm.\nThe return to seclusion must comply with the authorisation under section 258 or 259 including the end time stated in the authorisation.\nIf the health practitioner in charge of the unit returns the relevant patient to seclusion under subsection (2) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the return.\n(sec.262-ssec.1) This section applies if an authorised doctor or the health practitioner in charge of the unit removes a relevant patient from seclusion under section 261 .\n(sec.262-ssec.2) The authorised doctor or health practitioner may, at any time before the end time stated in the authorisation under section 258 or 259 , return the relevant patient to seclusion if satisfied there is no other reasonably practicable way to protect the relevant patient or others from physical harm.\n(sec.262-ssec.3) The return to seclusion must comply with the authorisation under section 258 or 259 including the end time stated in the authorisation.\n(sec.262-ssec.4) If the health practitioner in charge of the unit returns the relevant patient to seclusion under subsection (2) , the health practitioner must tell the authorised doctor who gave the authorisation as soon as practicable after the return.","sortOrder":356},{"sectionNumber":"ch.8-pt.3-div.3","sectionType":"division","heading":"Emergency seclusion","content":"## Emergency seclusion","sortOrder":357},{"sectionNumber":"sec.263","sectionType":"section","heading":"Requirements for emergency seclusion by health practitioner in charge of unit","content":"### sec.263 Requirements for emergency seclusion by health practitioner in charge of unit\n\nThe health practitioner in charge of an inpatient unit or other unit within an authorised mental health service, or an appropriately qualified person authorised by the health practitioner, may keep a relevant patient in seclusion in the unit if—\nthe health practitioner is satisfied—\nthere is no other reasonably practicable way to protect the relevant patient or others from physical harm; and\nif a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and\nit is not practicable in the circumstances for an authorised doctor to authorise the seclusion of the relevant patient under section 258 ; and\nthe relevant patient is observed continuously during the seclusion; and\nthe seclusion is for a period of not more than 1 hour; and\nas soon as practicable after the start of the seclusion, the health practitioner tells an authorised doctor of the seclusion.\nThe authorised doctor notified under subsection (1) (d) must—\nexamine the relevant patient; or\nensure the relevant patient is examined by another authorised doctor.\nThe authorised doctor who examines the relevant patient must decide whether to authorise the seclusion of the relevant patient under section 258 .\nSubject to subsection (1) (c) , seclusion of the relevant patient under this section ends when the authorised doctor makes the decision mentioned in subsection (3) .\nThis section does not prevent the health practitioner in charge of the unit removing the relevant patient from seclusion before the end of the period mentioned in subsection (1) (c) , if satisfied seclusion is no longer necessary to protect the relevant patient or others from physical harm.\nRemoval of the relevant patient from seclusion under subsection (5) does not affect the authorised doctor’s obligation under subsection (2) .\nThe relevant patient may be kept in seclusion under this section for not more than 3 hours in a 24-hour period.\n(sec.263-ssec.1) The health practitioner in charge of an inpatient unit or other unit within an authorised mental health service, or an appropriately qualified person authorised by the health practitioner, may keep a relevant patient in seclusion in the unit if— the health practitioner is satisfied— there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and it is not practicable in the circumstances for an authorised doctor to authorise the seclusion of the relevant patient under section 258 ; and the relevant patient is observed continuously during the seclusion; and the seclusion is for a period of not more than 1 hour; and as soon as practicable after the start of the seclusion, the health practitioner tells an authorised doctor of the seclusion.\n(sec.263-ssec.2) The authorised doctor notified under subsection (1) (d) must— examine the relevant patient; or ensure the relevant patient is examined by another authorised doctor.\n(sec.263-ssec.3) The authorised doctor who examines the relevant patient must decide whether to authorise the seclusion of the relevant patient under section 258 .\n(sec.263-ssec.4) Subject to subsection (1) (c) , seclusion of the relevant patient under this section ends when the authorised doctor makes the decision mentioned in subsection (3) .\n(sec.263-ssec.5) This section does not prevent the health practitioner in charge of the unit removing the relevant patient from seclusion before the end of the period mentioned in subsection (1) (c) , if satisfied seclusion is no longer necessary to protect the relevant patient or others from physical harm.\n(sec.263-ssec.6) Removal of the relevant patient from seclusion under subsection (5) does not affect the authorised doctor’s obligation under subsection (2) .\n(sec.263-ssec.7) The relevant patient may be kept in seclusion under this section for not more than 3 hours in a 24-hour period.\n- (a) the health practitioner is satisfied— (i) there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and (ii) if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and (iii) it is not practicable in the circumstances for an authorised doctor to authorise the seclusion of the relevant patient under section 258 ; and\n- (i) there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and\n- (ii) if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and\n- (iii) it is not practicable in the circumstances for an authorised doctor to authorise the seclusion of the relevant patient under section 258 ; and\n- (b) the relevant patient is observed continuously during the seclusion; and\n- (c) the seclusion is for a period of not more than 1 hour; and\n- (d) as soon as practicable after the start of the seclusion, the health practitioner tells an authorised doctor of the seclusion.\n- (i) there is no other reasonably practicable way to protect the relevant patient or others from physical harm; and\n- (ii) if a written direction about seclusion has been given under section 257 to the authorised mental health service—the seclusion of the relevant patient complies with the direction; and\n- (iii) it is not practicable in the circumstances for an authorised doctor to authorise the seclusion of the relevant patient under section 258 ; and\n- (a) examine the relevant patient; or\n- (b) ensure the relevant patient is examined by another authorised doctor.","sortOrder":358},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Reduction and elimination plans","content":"# Reduction and elimination plans","sortOrder":359},{"sectionNumber":"sec.264","sectionType":"section","heading":"What is a reduction and elimination plan","content":"### sec.264 What is a reduction and elimination plan\n\nA reduction and elimination plan is a written plan, for a relevant patient, developed by an authorised doctor that provides for the reduction and elimination of either or both of the following—\nthe use of mechanical restraint on the relevant patient;\nthe seclusion of the relevant patient.\n- (a) the use of mechanical restraint on the relevant patient;\n- (b) the seclusion of the relevant patient.","sortOrder":360},{"sectionNumber":"sec.265","sectionType":"section","heading":"Content of plan","content":"### sec.265 Content of plan\n\nA reduction and elimination plan must include—\nthe name of the relevant patient; and\ninformation, if any, about—\nthe previous use of mechanical restraint on, or seclusion of, the relevant patient; and\nstrategies previously used to reduce the use of mechanical restraint on, or seclusion of, the relevant patient; and\nthe effectiveness of the strategies mentioned in subparagraph (ii) ; and\ninformation about the strategies proposed to reduce, and eliminate, the use of mechanical restraint on, or seclusion of, the relevant patient in the future.\n- (a) the name of the relevant patient; and\n- (b) information, if any, about— (i) the previous use of mechanical restraint on, or seclusion of, the relevant patient; and (ii) strategies previously used to reduce the use of mechanical restraint on, or seclusion of, the relevant patient; and (iii) the effectiveness of the strategies mentioned in subparagraph (ii) ; and\n- (i) the previous use of mechanical restraint on, or seclusion of, the relevant patient; and\n- (ii) strategies previously used to reduce the use of mechanical restraint on, or seclusion of, the relevant patient; and\n- (iii) the effectiveness of the strategies mentioned in subparagraph (ii) ; and\n- (c) information about the strategies proposed to reduce, and eliminate, the use of mechanical restraint on, or seclusion of, the relevant patient in the future.\n- (i) the previous use of mechanical restraint on, or seclusion of, the relevant patient; and\n- (ii) strategies previously used to reduce the use of mechanical restraint on, or seclusion of, the relevant patient; and\n- (iii) the effectiveness of the strategies mentioned in subparagraph (ii) ; and","sortOrder":361},{"sectionNumber":"sec.266","sectionType":"section","heading":"Application for chief psychiatrist’s approval of plan","content":"### sec.266 Application for chief psychiatrist’s approval of plan\n\nAn authorised doctor may apply to the chief psychiatrist for approval of a reduction and elimination plan for a relevant patient.","sortOrder":362},{"sectionNumber":"sec.267","sectionType":"section","heading":"Chief psychiatrist may approve plan","content":"### sec.267 Chief psychiatrist may approve plan\n\nThe chief psychiatrist may approve the reduction and elimination plan for the relevant patient if the chief psychiatrist is satisfied the strategies mentioned in section 265 (c) are appropriate for the relevant patient.\nThe approval must be in writing and may include any conditions the chief psychiatrist considers appropriate.\n(sec.267-ssec.1) The chief psychiatrist may approve the reduction and elimination plan for the relevant patient if the chief psychiatrist is satisfied the strategies mentioned in section 265 (c) are appropriate for the relevant patient.\n(sec.267-ssec.2) The approval must be in writing and may include any conditions the chief psychiatrist considers appropriate.","sortOrder":363},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Physical restraint and clinical need for medication","content":"# Physical restraint and clinical need for medication","sortOrder":364},{"sectionNumber":"ch.8-pt.5-div.1","sectionType":"division","heading":"Physical restraint","content":"## Physical restraint","sortOrder":365},{"sectionNumber":"sec.268","sectionType":"section","heading":"Meaning of physical restraint","content":"### sec.268 Meaning of physical restraint\n\nPhysical restraint , of a patient, is the use by a person of his or her body to restrict the patient’s movement.\nHowever, physical restraint of a patient does not include—\nthe giving of physical support or assistance reasonably necessary—\nto enable the patient to carry out daily living activities; or\nto redirect the patient because the patient is disoriented; or\nphysical restraint of the patient that is authorised under a law other than this part; or\nphysical restraint of the patient that is required in urgent circumstances.\n(sec.268-ssec.1) Physical restraint , of a patient, is the use by a person of his or her body to restrict the patient’s movement.\n(sec.268-ssec.2) However, physical restraint of a patient does not include— the giving of physical support or assistance reasonably necessary— to enable the patient to carry out daily living activities; or to redirect the patient because the patient is disoriented; or physical restraint of the patient that is authorised under a law other than this part; or physical restraint of the patient that is required in urgent circumstances.\n- (a) the giving of physical support or assistance reasonably necessary— (i) to enable the patient to carry out daily living activities; or (ii) to redirect the patient because the patient is disoriented; or\n- (i) to enable the patient to carry out daily living activities; or\n- (ii) to redirect the patient because the patient is disoriented; or\n- (b) physical restraint of the patient that is authorised under a law other than this part; or\n- (c) physical restraint of the patient that is required in urgent circumstances.\n- (i) to enable the patient to carry out daily living activities; or\n- (ii) to redirect the patient because the patient is disoriented; or","sortOrder":366},{"sectionNumber":"sec.269","sectionType":"section","heading":"Offence","content":"### sec.269 Offence\n\nA person must not use physical restraint on a patient other than under this Act.\nMaximum penalty—200 penalty units.","sortOrder":367},{"sectionNumber":"sec.270","sectionType":"section","heading":"Requirements for use of physical restraint","content":"### sec.270 Requirements for use of physical restraint\n\nAn authorised doctor, or a health practitioner in charge of an inpatient unit or other unit within an authorised mental health service, may authorise the use of physical restraint on a patient for 1 or more of the following purposes if there is no other reasonably practicable way to achieve the purpose—\nto protect the patient or others from physical harm;\nto provide treatment and care to the patient;\nto prevent the patient from causing serious damage to property;\nfor a patient detained in an authorised mental health service—to prevent the patient from leaving the service.\n- (a) to protect the patient or others from physical harm;\n- (b) to provide treatment and care to the patient;\n- (c) to prevent the patient from causing serious damage to property;\n- (d) for a patient detained in an authorised mental health service—to prevent the patient from leaving the service.","sortOrder":368},{"sectionNumber":"ch.8-pt.5-div.2","sectionType":"division","heading":"Clinical need for medication","content":"## Clinical need for medication","sortOrder":369},{"sectionNumber":"sec.271","sectionType":"section","heading":"Meaning of medication","content":"### sec.271 Meaning of medication\n\nMedication , of a patient, includes sedation of the patient.","sortOrder":370},{"sectionNumber":"sec.272","sectionType":"section","heading":"Offence","content":"### sec.272 Offence\n\nA person must not administer medication to a patient unless the medication is clinically necessary for the patient’s treatment and care for a medical condition.\nMaximum penalty—200 penalty units.\nSubsection (1) does not limit section 374 .\nTo remove any doubt, it is declared that, for subsection (1) , a patient’s treatment and care for a medical condition includes preventing imminent serious harm to the patient or others.\n(sec.272-ssec.1) A person must not administer medication to a patient unless the medication is clinically necessary for the patient’s treatment and care for a medical condition. Maximum penalty—200 penalty units.\n(sec.272-ssec.2) Subsection (1) does not limit section 374 .\n(sec.272-ssec.3) To remove any doubt, it is declared that, for subsection (1) , a patient’s treatment and care for a medical condition includes preventing imminent serious harm to the patient or others.","sortOrder":371},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":372},{"sectionNumber":"sec.273","sectionType":"section","heading":"Chief psychiatrist must make policy","content":"### sec.273 Chief psychiatrist must make policy\n\nThe chief psychiatrist must make a policy (the restraint, seclusion and other practices policy ) about—\nthe use of mechanical restraint, seclusion and physical restraint under section 268 (1) , and the appropriate use of medication, including ways of minimising any adverse impacts on patients; and\nthe information to be recorded relating to the use on patients of mechanical restraint, seclusion, physical restraint under section 268 (1) and medication; and\nthe information to be given to the chief psychiatrist relating to the use on patients of mechanical restraint, seclusion, physical restraint under section 268 (1) and medication; and\nthe information to be given to the public guardian relating to the use on patients, who are minors, of mechanical restraint, seclusion and physical restraint; and\nthe time and way in which the information mentioned in paragraph (c) is to be given to the chief psychiatrist; and\nthe time and way in which the information mentioned in paragraph (d) is to be given to the public guardian.\nAn authorised doctor, authorised mental health practitioner, administrator of an authorised mental health service or other person performing a function or exercising a power under this Act must comply with the restraint, seclusion and other practices policy.\n(sec.273-ssec.1) The chief psychiatrist must make a policy (the restraint, seclusion and other practices policy ) about— the use of mechanical restraint, seclusion and physical restraint under section 268 (1) , and the appropriate use of medication, including ways of minimising any adverse impacts on patients; and the information to be recorded relating to the use on patients of mechanical restraint, seclusion, physical restraint under section 268 (1) and medication; and the information to be given to the chief psychiatrist relating to the use on patients of mechanical restraint, seclusion, physical restraint under section 268 (1) and medication; and the information to be given to the public guardian relating to the use on patients, who are minors, of mechanical restraint, seclusion and physical restraint; and the time and way in which the information mentioned in paragraph (c) is to be given to the chief psychiatrist; and the time and way in which the information mentioned in paragraph (d) is to be given to the public guardian.\n(sec.273-ssec.2) An authorised doctor, authorised mental health practitioner, administrator of an authorised mental health service or other person performing a function or exercising a power under this Act must comply with the restraint, seclusion and other practices policy.\n- (a) the use of mechanical restraint, seclusion and physical restraint under section 268 (1) , and the appropriate use of medication, including ways of minimising any adverse impacts on patients; and\n- (b) the information to be recorded relating to the use on patients of mechanical restraint, seclusion, physical restraint under section 268 (1) and medication; and\n- (c) the information to be given to the chief psychiatrist relating to the use on patients of mechanical restraint, seclusion, physical restraint under section 268 (1) and medication; and\n- (d) the information to be given to the public guardian relating to the use on patients, who are minors, of mechanical restraint, seclusion and physical restraint; and\n- (e) the time and way in which the information mentioned in paragraph (c) is to be given to the chief psychiatrist; and\n- (f) the time and way in which the information mentioned in paragraph (d) is to be given to the public guardian.","sortOrder":373},{"sectionNumber":"sec.274","sectionType":"section","heading":"Obligation to notify public guardian of treatment of minors","content":"### sec.274 Obligation to notify public guardian of treatment of minors\n\nThis section applies if mechanical restraint, seclusion or physical restraint is used in an authorised mental health service on a patient who is a minor.\nThe administrator of the authorised mental health service must give to the public guardian, in the required time and way, the required information about the use of the mechanical restraint, seclusion or physical restraint on the minor.\nThe administrator of an authorised mental health service may enter into arrangements with the chief psychiatrist for the giving of the required information, on behalf of the administrator, to the public guardian.\nThis section does not limit an obligation of the administrator, under the restraint, seclusion and other practices policy, to give information to the chief psychiatrist.\n(sec.274-ssec.1) This section applies if mechanical restraint, seclusion or physical restraint is used in an authorised mental health service on a patient who is a minor.\n(sec.274-ssec.2) The administrator of the authorised mental health service must give to the public guardian, in the required time and way, the required information about the use of the mechanical restraint, seclusion or physical restraint on the minor.\n(sec.274-ssec.3) The administrator of an authorised mental health service may enter into arrangements with the chief psychiatrist for the giving of the required information, on behalf of the administrator, to the public guardian.\n(sec.274-ssec.4) This section does not limit an obligation of the administrator, under the restraint, seclusion and other practices policy, to give information to the chief psychiatrist.","sortOrder":374},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":375},{"sectionNumber":"sec.275","sectionType":"section","heading":"Purpose of ch 9","content":"### sec.275 Purpose of ch 9\n\nThe purpose of this chapter is to provide for—\na statement of rights; and\nthe right of a patient to be visited by the patient’s nominated support persons, family, carers and other support persons; and\nthe right of a patient to be visited by a health practitioner, and legal or other advisers, and to communicate with other persons; and\nthe right of a patient to be given oral explanations of the patient’s treatment and care; and\nthe giving of written notices to a patient’s nominated support persons, family, carers and other support persons; and\nthe right for a second opinion to be obtained about a patient’s treatment and care; and\nthe roles and responsibilities of a patient’s nominated support persons, family, carers and other support persons when supporting the patient’s treatment and care; and\nthe appointment and functions of independent patient rights advisers.\n- (a) a statement of rights; and\n- (b) the right of a patient to be visited by the patient’s nominated support persons, family, carers and other support persons; and\n- (c) the right of a patient to be visited by a health practitioner, and legal or other advisers, and to communicate with other persons; and\n- (d) the right of a patient to be given oral explanations of the patient’s treatment and care; and\n- (e) the giving of written notices to a patient’s nominated support persons, family, carers and other support persons; and\n- (f) the right for a second opinion to be obtained about a patient’s treatment and care; and\n- (g) the roles and responsibilities of a patient’s nominated support persons, family, carers and other support persons when supporting the patient’s treatment and care; and\n- (h) the appointment and functions of independent patient rights advisers.","sortOrder":376},{"sectionNumber":"sec.276","sectionType":"section","heading":"Definition for ch 9","content":"### sec.276 Definition for ch 9\n\nIn this chapter—\npatient means—\nan involuntary patient; or\na person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\n- (a) an involuntary patient; or\n- (b) a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.","sortOrder":377},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Statement of rights","content":"# Statement of rights","sortOrder":378},{"sectionNumber":"sec.277","sectionType":"section","heading":"Preparing statement of rights","content":"### sec.277 Preparing statement of rights\n\nThe chief psychiatrist must prepare a written statement (the statement of rights ) containing information about—\nthe rights of patients, and of nominated support persons, family, carers and other support persons, under this Act; and\nthe rights of patients to make complaints about the treatment and care provided at an authorised mental health service and how complaints are made.\nThe statement of rights may also contain anything else the chief psychiatrist considers appropriate.\n(sec.277-ssec.1) The chief psychiatrist must prepare a written statement (the statement of rights ) containing information about— the rights of patients, and of nominated support persons, family, carers and other support persons, under this Act; and the rights of patients to make complaints about the treatment and care provided at an authorised mental health service and how complaints are made.\n(sec.277-ssec.2) The statement of rights may also contain anything else the chief psychiatrist considers appropriate.\n- (a) the rights of patients, and of nominated support persons, family, carers and other support persons, under this Act; and\n- (b) the rights of patients to make complaints about the treatment and care provided at an authorised mental health service and how complaints are made.","sortOrder":379},{"sectionNumber":"sec.278","sectionType":"section","heading":"Giving statement of rights to patients and others","content":"### sec.278 Giving statement of rights to patients and others\n\nAfter admission of a patient to an authorised mental health service, the administrator of the authorised mental health service must ensure—\nthe statement of rights is explained to the patient; and\na copy of the statement of rights is given to the patient, if requested; and\na copy of the statement of rights is given to the patient’s nominated support person, family, carers and other support persons, if requested.\ns 278 amd 2017 No. 3 s 24\n- (a) the statement of rights is explained to the patient; and\n- (b) a copy of the statement of rights is given to the patient, if requested; and\n- (c) a copy of the statement of rights is given to the patient’s nominated support person, family, carers and other support persons, if requested.","sortOrder":380},{"sectionNumber":"sec.279","sectionType":"section","heading":"Display of signs","content":"### sec.279 Display of signs\n\nThe administrator of an authorised mental health service must display signs in prominent positions in the service stating that a copy of the statement of rights is available on request.\nThe signs must be easily visible to patients and nominated support persons, family, carers and other support persons.\n(sec.279-ssec.1) The administrator of an authorised mental health service must display signs in prominent positions in the service stating that a copy of the statement of rights is available on request.\n(sec.279-ssec.2) The signs must be easily visible to patients and nominated support persons, family, carers and other support persons.","sortOrder":381},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Rights of patients","content":"# Rights of patients","sortOrder":382},{"sectionNumber":"sec.280","sectionType":"section","heading":"Definition for pt 3","content":"### sec.280 Definition for pt 3\n\nIn this part—\nreasonable time of the day or night , in relation to an authorised mental health service, means a time decided by the administrator of the service having regard to the practices of the service and the comfort of patients.","sortOrder":383},{"sectionNumber":"sec.281","sectionType":"section","heading":"Visits by nominated support persons, family, carers and other support persons","content":"### sec.281 Visits by nominated support persons, family, carers and other support persons\n\nA patient in an authorised mental health service may be visited by the patient’s nominated support persons, family, carers and other support persons at any reasonable time of the day or night.\nSubsection (1) does not apply if—\nthe person is excluded from visiting the patient under another provision of this Act; or\nthe patient does not wish to be visited by the person.\n(sec.281-ssec.1) A patient in an authorised mental health service may be visited by the patient’s nominated support persons, family, carers and other support persons at any reasonable time of the day or night.\n(sec.281-ssec.2) Subsection (1) does not apply if— the person is excluded from visiting the patient under another provision of this Act; or the patient does not wish to be visited by the person.\n- (a) the person is excluded from visiting the patient under another provision of this Act; or\n- (b) the patient does not wish to be visited by the person.","sortOrder":384},{"sectionNumber":"sec.282","sectionType":"section","heading":"Visits by health practitioners","content":"### sec.282 Visits by health practitioners\n\nA patient in an authorised mental health service may be visited and examined by a health practitioner at any reasonable time of the day or night.\nThe health practitioner may also consult with an authorised doctor for the authorised mental health service about the patient’s treatment and care.\nThe health practitioner may exercise a power under subsection (1) or (2) only—\nif asked by the patient or 1 or more of the patient’s nominated support persons, family, carers or other support persons; and\nunder arrangements made with the administrator of the authorised mental health service.\n(sec.282-ssec.1) A patient in an authorised mental health service may be visited and examined by a health practitioner at any reasonable time of the day or night.\n(sec.282-ssec.2) The health practitioner may also consult with an authorised doctor for the authorised mental health service about the patient’s treatment and care.\n(sec.282-ssec.3) The health practitioner may exercise a power under subsection (1) or (2) only— if asked by the patient or 1 or more of the patient’s nominated support persons, family, carers or other support persons; and under arrangements made with the administrator of the authorised mental health service.\n- (a) if asked by the patient or 1 or more of the patient’s nominated support persons, family, carers or other support persons; and\n- (b) under arrangements made with the administrator of the authorised mental health service.","sortOrder":385},{"sectionNumber":"sec.283","sectionType":"section","heading":"Visits by legal or other advisers","content":"### sec.283 Visits by legal or other advisers\n\nA patient in an authorised mental health service may be visited by a legal or other adviser at any reasonable time of the day or night.\nThe adviser may exercise a power under subsection (1) only—\nif asked by the patient or 1 or more of the patient’s nominated support persons, family, carers or other support persons; and\nunder arrangements made with the administrator of the authorised mental health service.\n(sec.283-ssec.1) A patient in an authorised mental health service may be visited by a legal or other adviser at any reasonable time of the day or night.\n(sec.283-ssec.2) The adviser may exercise a power under subsection (1) only— if asked by the patient or 1 or more of the patient’s nominated support persons, family, carers or other support persons; and under arrangements made with the administrator of the authorised mental health service.\n- (a) if asked by the patient or 1 or more of the patient’s nominated support persons, family, carers or other support persons; and\n- (b) under arrangements made with the administrator of the authorised mental health service.","sortOrder":386},{"sectionNumber":"sec.284","sectionType":"section","heading":"Communication with others","content":"### sec.284 Communication with others\n\nA patient of an authorised mental health service may communicate, in a reasonable way, with another person by—\npost; or\nSee sections 385 and 386 for provisions relating to postal articles.\na fixed line telephone in the authorised mental health service; or\na mobile telephone or other electronic communication device.\nSubsection (1) does not apply if—\nthe other person has asked the administrator of the authorised mental health service to ensure the patient does not communicate with the person; or\nthe communication is prohibited under another provision of this Act.\nThe administrator of an authorised mental health service may prohibit or restrict a patient from communicating in the way mentioned in subsection (1) (b) or (c) if communicating in the way is likely to be detrimental to the health or wellbeing of the person or others.\nIn exercising a power under subsection (3) , the administrator must have regard to the privacy of the patient and others in the service.\n(sec.284-ssec.1) A patient of an authorised mental health service may communicate, in a reasonable way, with another person by— post; or See sections 385 and 386 for provisions relating to postal articles. a fixed line telephone in the authorised mental health service; or a mobile telephone or other electronic communication device.\n(sec.284-ssec.2) Subsection (1) does not apply if— the other person has asked the administrator of the authorised mental health service to ensure the patient does not communicate with the person; or the communication is prohibited under another provision of this Act.\n(sec.284-ssec.3) The administrator of an authorised mental health service may prohibit or restrict a patient from communicating in the way mentioned in subsection (1) (b) or (c) if communicating in the way is likely to be detrimental to the health or wellbeing of the person or others.\n(sec.284-ssec.4) In exercising a power under subsection (3) , the administrator must have regard to the privacy of the patient and others in the service.\n- (a) post; or Note— See sections 385 and 386 for provisions relating to postal articles.\n- (b) a fixed line telephone in the authorised mental health service; or\n- (c) a mobile telephone or other electronic communication device.\n- (a) the other person has asked the administrator of the authorised mental health service to ensure the patient does not communicate with the person; or\n- (b) the communication is prohibited under another provision of this Act.","sortOrder":387},{"sectionNumber":"sec.285","sectionType":"section","heading":"Information about treatment and care","content":"### sec.285 Information about treatment and care\n\nAn authorised doctor providing treatment and care to a patient must, to the extent practicable, provide timely, accurate and appropriate information to the patient about the treatment and care.","sortOrder":388},{"sectionNumber":"sec.286","sectionType":"section","heading":"Understanding of oral information","content":"### sec.286 Understanding of oral information\n\nThis section applies if a provision of this Act requires any of the following persons to tell or explain something to, or discuss something with, a patient—\nan authorised mental health practitioner;\nan authorised doctor, including an authorised psychiatrist;\na doctor;\nthe administrator of an authorised mental health service;\nan authorised person transporting a person to an authorised mental health service or public sector health service facility under section 366 .\nThe person must—\ntake reasonable steps to ensure the patient understands the information; and\ntell or explain the thing to, or discuss the thing with, the patient—\nin an appropriate way having regard to the patient’s age, culture, mental illness, ability to communicate and any disability; and\nIf a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves.\nAfter providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood.\nAn authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it.\nin a way the patient is most likely to understand, including, for example, in the patient’s language; and\nif the patient has a nominated support person—tell or explain the thing to, or discuss the thing with, the patient’s nominated support person; and\nif the patient does not have a nominated support person—tell or explain the thing to, or discuss the thing with, 1 or more of the patient’s family, carers or other support persons.\nFor subsection (2) (b) , the person may tell or explain the thing to, or discuss the thing with, a patient at a time later than the time provided for under this Act if the person considers the patient would better understand the thing at the later time.\nIn this section—\npatient includes a person who may become a patient.\n(sec.286-ssec.1) This section applies if a provision of this Act requires any of the following persons to tell or explain something to, or discuss something with, a patient— an authorised mental health practitioner; an authorised doctor, including an authorised psychiatrist; a doctor; the administrator of an authorised mental health service; an authorised person transporting a person to an authorised mental health service or public sector health service facility under section 366 .\n(sec.286-ssec.2) The person must— take reasonable steps to ensure the patient understands the information; and tell or explain the thing to, or discuss the thing with, the patient— in an appropriate way having regard to the patient’s age, culture, mental illness, ability to communicate and any disability; and If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves. After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood. An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it. in a way the patient is most likely to understand, including, for example, in the patient’s language; and if the patient has a nominated support person—tell or explain the thing to, or discuss the thing with, the patient’s nominated support person; and if the patient does not have a nominated support person—tell or explain the thing to, or discuss the thing with, 1 or more of the patient’s family, carers or other support persons.\n(sec.286-ssec.3) For subsection (2) (b) , the person may tell or explain the thing to, or discuss the thing with, a patient at a time later than the time provided for under this Act if the person considers the patient would better understand the thing at the later time.\n(sec.286-ssec.4) In this section— patient includes a person who may become a patient.\n- (a) an authorised mental health practitioner;\n- (b) an authorised doctor, including an authorised psychiatrist;\n- (c) a doctor;\n- (d) the administrator of an authorised mental health service;\n- (e) an authorised person transporting a person to an authorised mental health service or public sector health service facility under section 366 .\n- (a) take reasonable steps to ensure the patient understands the information; and\n- (b) tell or explain the thing to, or discuss the thing with, the patient— (i) in an appropriate way having regard to the patient’s age, culture, mental illness, ability to communicate and any disability; and Examples for subparagraph (i) — 1 If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves. 2 After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood. 3 An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it. (ii) in a way the patient is most likely to understand, including, for example, in the patient’s language; and\n- (i) in an appropriate way having regard to the patient’s age, culture, mental illness, ability to communicate and any disability; and Examples for subparagraph (i) — 1 If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves. 2 After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood. 3 An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it.\n- 1 If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves.\n- 2 After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood.\n- 3 An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it.\n- (ii) in a way the patient is most likely to understand, including, for example, in the patient’s language; and\n- (c) if the patient has a nominated support person—tell or explain the thing to, or discuss the thing with, the patient’s nominated support person; and\n- (d) if the patient does not have a nominated support person—tell or explain the thing to, or discuss the thing with, 1 or more of the patient’s family, carers or other support persons.\n- (i) in an appropriate way having regard to the patient’s age, culture, mental illness, ability to communicate and any disability; and Examples for subparagraph (i) — 1 If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves. 2 After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood. 3 An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it.\n- 1 If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves.\n- 2 After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood.\n- 3 An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it.\n- (ii) in a way the patient is most likely to understand, including, for example, in the patient’s language; and\n- 1 If a patient is acutely unwell and does not appear to understand the information given, an authorised doctor may explain the information again when the patient’s condition improves.\n- 2 After providing information to a patient, an authorised doctor may ask the patient to restate the information to ensure it has been understood.\n- 3 An authorised doctor may explain information to a patient in the presence of a family member who can help the patient understand it.","sortOrder":389},{"sectionNumber":"sec.287","sectionType":"section","heading":"Written notices to be given to nominated support persons and others","content":"### sec.287 Written notices to be given to nominated support persons and others\n\nThis section applies if—\na provision of this Act requires any of the following persons to give a written notice to a patient—\nan authorised doctor;\nthe administrator of an authorised mental health service;\nthe chief psychiatrist;\nthe tribunal; or\nany of the following events (each a significant event ) happens to a patient—\nadmission to an authorised mental health service as a classified patient;\nresponsibility for the patient is transferred under chapter 11 , part 5 from an authorised mental health service to another entity.\nIf the patient has a nominated support person—\nfor a written notice mentioned in subsection (1) (a) —\nthe person must give a copy of the required written notice to the nominated support person; and\nthe person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice; and\nfor a significant event mentioned in subsection (1) (b) —the administrator of the authorised mental health service must give a copy of the required written notice to the nominated support person.\nIf the person giving a required written notice to a patient is aware the patient has a personal guardian or attorney—\nthe person must give a copy of the required written notice to the personal guardian or attorney; and\nfor a written notice mentioned in subsection (1) (a) —the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice.\nIf the patient does not have a nominated support person, or a personal guardian or attorney, the person may give the required written notice to 1 or more of the patient’s family, carers or other support persons (the other person ) as well as, or instead of, to the patient if—\nthe patient may not understand or benefit from receiving the notice; and\ngiving the notice to the other person appears to be in the patient’s best interests; and\nthe patient has not asked for communication with the other person not to happen.\nIf the patient is a minor, the person may give the required written notice to 1 or more of the minor’s parents as well as, or instead of, to the minor if—\nthe minor may not understand or benefit from receiving the notice; and\ngiving the notice to the parent appears to be in the minor’s best interests.\nIn this section—\nrequired written notice means—\na written notice mentioned in subsection (1) (a) ; or\na written notice explaining the significant event mentioned in subsection (1) (b) .\n(sec.287-ssec.1) This section applies if— a provision of this Act requires any of the following persons to give a written notice to a patient— an authorised doctor; the administrator of an authorised mental health service; the chief psychiatrist; the tribunal; or any of the following events (each a significant event ) happens to a patient— admission to an authorised mental health service as a classified patient; responsibility for the patient is transferred under chapter 11 , part 5 from an authorised mental health service to another entity.\n(sec.287-ssec.2) If the patient has a nominated support person— for a written notice mentioned in subsection (1) (a) — the person must give a copy of the required written notice to the nominated support person; and the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice; and for a significant event mentioned in subsection (1) (b) —the administrator of the authorised mental health service must give a copy of the required written notice to the nominated support person.\n(sec.287-ssec.3) If the person giving a required written notice to a patient is aware the patient has a personal guardian or attorney— the person must give a copy of the required written notice to the personal guardian or attorney; and for a written notice mentioned in subsection (1) (a) —the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice.\n(sec.287-ssec.4) If the patient does not have a nominated support person, or a personal guardian or attorney, the person may give the required written notice to 1 or more of the patient’s family, carers or other support persons (the other person ) as well as, or instead of, to the patient if— the patient may not understand or benefit from receiving the notice; and giving the notice to the other person appears to be in the patient’s best interests; and the patient has not asked for communication with the other person not to happen.\n(sec.287-ssec.5) If the patient is a minor, the person may give the required written notice to 1 or more of the minor’s parents as well as, or instead of, to the minor if— the minor may not understand or benefit from receiving the notice; and giving the notice to the parent appears to be in the minor’s best interests.\n(sec.287-ssec.6) In this section— required written notice means— a written notice mentioned in subsection (1) (a) ; or a written notice explaining the significant event mentioned in subsection (1) (b) .\n- (a) a provision of this Act requires any of the following persons to give a written notice to a patient— (i) an authorised doctor; (ii) the administrator of an authorised mental health service; (iii) the chief psychiatrist; (iv) the tribunal; or\n- (i) an authorised doctor;\n- (ii) the administrator of an authorised mental health service;\n- (iii) the chief psychiatrist;\n- (iv) the tribunal; or\n- (b) any of the following events (each a significant event ) happens to a patient— (i) admission to an authorised mental health service as a classified patient; (ii) responsibility for the patient is transferred under chapter 11 , part 5 from an authorised mental health service to another entity.\n- (i) admission to an authorised mental health service as a classified patient;\n- (ii) responsibility for the patient is transferred under chapter 11 , part 5 from an authorised mental health service to another entity.\n- (i) an authorised doctor;\n- (ii) the administrator of an authorised mental health service;\n- (iii) the chief psychiatrist;\n- (iv) the tribunal; or\n- (i) admission to an authorised mental health service as a classified patient;\n- (ii) responsibility for the patient is transferred under chapter 11 , part 5 from an authorised mental health service to another entity.\n- (a) for a written notice mentioned in subsection (1) (a) — (i) the person must give a copy of the required written notice to the nominated support person; and (ii) the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice; and\n- (i) the person must give a copy of the required written notice to the nominated support person; and\n- (ii) the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice; and\n- (b) for a significant event mentioned in subsection (1) (b) —the administrator of the authorised mental health service must give a copy of the required written notice to the nominated support person.\n- (i) the person must give a copy of the required written notice to the nominated support person; and\n- (ii) the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice; and\n- (a) the person must give a copy of the required written notice to the personal guardian or attorney; and\n- (b) for a written notice mentioned in subsection (1) (a) —the person is not required to give the notice to the patient if the patient may not understand or benefit from receiving the notice.\n- (a) the patient may not understand or benefit from receiving the notice; and\n- (b) giving the notice to the other person appears to be in the patient’s best interests; and\n- (c) the patient has not asked for communication with the other person not to happen.\n- (a) the minor may not understand or benefit from receiving the notice; and\n- (b) giving the notice to the parent appears to be in the minor’s best interests.\n- (a) a written notice mentioned in subsection (1) (a) ; or\n- (b) a written notice explaining the significant event mentioned in subsection (1) (b) .","sortOrder":390},{"sectionNumber":"sec.288","sectionType":"section","heading":"Communication about patient with others","content":"### sec.288 Communication about patient with others\n\nThis section applies if a provision of this Act requires a person to tell or explain something to, or discuss something with, a patient’s nominated support persons, family, carers or other support persons.\nThe provision does not apply if—\nthe patient requests, at a time when the patient has capacity to make the request, that the communication not take place; or\nthe person is not readily available or willing for the communication to take place; or\nthe person is not willing to visit the patient in hospital while the patient is receiving treatment and care\nthe communication with the person is likely to be detrimental to the patient’s health and wellbeing.\nthe person has previously disrupted the patient’s treatment and care resulting in the patient’s condition deteriorating\nIn this section—\ncapacity , of a patient to make a request, means the patient has the ability to—\nunderstand the nature and effect of the request; and\nfreely and voluntarily make the request; and\ncommunicate the request.\npatient includes a person who may become a patient.\ns 288 amd 2022 No. 1 s 64\n(sec.288-ssec.1) This section applies if a provision of this Act requires a person to tell or explain something to, or discuss something with, a patient’s nominated support persons, family, carers or other support persons.\n(sec.288-ssec.2) The provision does not apply if— the patient requests, at a time when the patient has capacity to make the request, that the communication not take place; or the person is not readily available or willing for the communication to take place; or the person is not willing to visit the patient in hospital while the patient is receiving treatment and care the communication with the person is likely to be detrimental to the patient’s health and wellbeing. the person has previously disrupted the patient’s treatment and care resulting in the patient’s condition deteriorating\n(sec.288-ssec.3) In this section— capacity , of a patient to make a request, means the patient has the ability to— understand the nature and effect of the request; and freely and voluntarily make the request; and communicate the request. patient includes a person who may become a patient.\n- (a) the patient requests, at a time when the patient has capacity to make the request, that the communication not take place; or\n- (b) the person is not readily available or willing for the communication to take place; or Example— the person is not willing to visit the patient in hospital while the patient is receiving treatment and care\n- (c) the communication with the person is likely to be detrimental to the patient’s health and wellbeing. Example— the person has previously disrupted the patient’s treatment and care resulting in the patient’s condition deteriorating\n- (a) understand the nature and effect of the request; and\n- (b) freely and voluntarily make the request; and\n- (c) communicate the request.","sortOrder":391},{"sectionNumber":"sec.289","sectionType":"section","heading":"Disclosure of confidential information under Hospital and Health Boards Act not limited","content":"### sec.289 Disclosure of confidential information under Hospital and Health Boards Act not limited\n\nThis section applies if a provision of this Act requires or permits information about a person to be given to the person’s nominated support persons, family, carers or other support persons.\nThe provision does not limit the Hospital and Health Boards Act 2011 , sections 144 , 145 or 146 .\nThe Hospital and Health Boards Act 2011 , sections 144 , 145 and 146 provide for a person’s family, carers and other support persons to receive information about the person in particular circumstances.\n(sec.289-ssec.1) This section applies if a provision of this Act requires or permits information about a person to be given to the person’s nominated support persons, family, carers or other support persons.\n(sec.289-ssec.2) The provision does not limit the Hospital and Health Boards Act 2011 , sections 144 , 145 or 146 . The Hospital and Health Boards Act 2011 , sections 144 , 145 and 146 provide for a person’s family, carers and other support persons to receive information about the person in particular circumstances.","sortOrder":392},{"sectionNumber":"sec.290","sectionType":"section","heading":"Second opinion about treatment and care","content":"### sec.290 Second opinion about treatment and care\n\nThis section applies if an authorised mental health service has been unable to resolve a complaint about the provision of treatment and care to a patient.\nThe patient, or an interested person for the patient, may request the administrator of the service to obtain a second opinion from another health practitioner, including another psychiatrist, about the patient’s treatment and care.\nThe administrator must make arrangements to obtain the second opinion—\nfrom a health practitioner who is independent of the patient’s treating team; and\nin the way required under a policy or practice guideline.\n(sec.290-ssec.1) This section applies if an authorised mental health service has been unable to resolve a complaint about the provision of treatment and care to a patient.\n(sec.290-ssec.2) The patient, or an interested person for the patient, may request the administrator of the service to obtain a second opinion from another health practitioner, including another psychiatrist, about the patient’s treatment and care.\n(sec.290-ssec.3) The administrator must make arrangements to obtain the second opinion— from a health practitioner who is independent of the patient’s treating team; and in the way required under a policy or practice guideline.\n- (a) from a health practitioner who is independent of the patient’s treating team; and\n- (b) in the way required under a policy or practice guideline.","sortOrder":393},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Roles and responsibilities of nominated support persons, family, carers and other support persons","content":"# Roles and responsibilities of nominated support persons, family, carers and other support persons","sortOrder":394},{"sectionNumber":"sec.291","sectionType":"section","heading":"Roles","content":"### sec.291 Roles\n\nA patient’s nominated support persons, family, carers and other support persons, subject to this or another Act, may—\ncontact the patient while the patient is receiving treatment and care; and\nparticipate in decisions about the patient’s treatment and care, including by being consulted by health practitioners about treatment options; and\nreceive timely, accurate and appropriate information about the patient’s treatment, care, support, rehabilitation and recovery; and\narrange support services for the patient, including, for example, counselling, community care and respite care.\n- (a) contact the patient while the patient is receiving treatment and care; and\n- (b) participate in decisions about the patient’s treatment and care, including by being consulted by health practitioners about treatment options; and\n- (c) receive timely, accurate and appropriate information about the patient’s treatment, care, support, rehabilitation and recovery; and\n- (d) arrange support services for the patient, including, for example, counselling, community care and respite care.","sortOrder":395},{"sectionNumber":"sec.292","sectionType":"section","heading":"Responsibilities","content":"### sec.292 Responsibilities\n\nA patient’s nominated support persons, family, carers and other support persons have a responsibility to—\nrespect the patient’s dignity and humanity; and\nconsider the opinions and skills of health practitioners who provide treatment and care, and other services, to the patient; and\ncooperate, to the extent practicable, with reasonable programs of assessment, treatment, care, support, rehabilitation and recovery of the patient.\n- (a) respect the patient’s dignity and humanity; and\n- (b) consider the opinions and skills of health practitioners who provide treatment and care, and other services, to the patient; and\n- (c) cooperate, to the extent practicable, with reasonable programs of assessment, treatment, care, support, rehabilitation and recovery of the patient.","sortOrder":396},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Independent patient rights advisers","content":"# Independent patient rights advisers","sortOrder":397},{"sectionNumber":"sec.293","sectionType":"section","heading":"Appointment","content":"### sec.293 Appointment\n\nAn authorised mental health service must have systems in place to ensure that patients are advised of their rights under this Act.\nWithout limiting subsection (1) , the health service chief executive responsible for a public sector mental health service must appoint 1 or more independent patient rights advisers in the way required under a policy or practice guideline.\nAn independent patient rights adviser may be—\nan employee of an entity that a Hospital and Health Service has engaged to provide services; or\nan employee of a Hospital and Health Service but not employed in the Service’s mental health service.\n(sec.293-ssec.1) An authorised mental health service must have systems in place to ensure that patients are advised of their rights under this Act.\n(sec.293-ssec.2) Without limiting subsection (1) , the health service chief executive responsible for a public sector mental health service must appoint 1 or more independent patient rights advisers in the way required under a policy or practice guideline.\n(sec.293-ssec.3) An independent patient rights adviser may be— an employee of an entity that a Hospital and Health Service has engaged to provide services; or an employee of a Hospital and Health Service but not employed in the Service’s mental health service.\n- (a) an employee of an entity that a Hospital and Health Service has engaged to provide services; or\n- (b) an employee of a Hospital and Health Service but not employed in the Service’s mental health service.","sortOrder":398},{"sectionNumber":"sec.294","sectionType":"section","heading":"Functions","content":"### sec.294 Functions\n\nThe functions of an independent patient rights adviser are to—\nensure that a patient, and the patient’s nominated support persons, family, carers and other support persons are advised of their rights and responsibilities under this Act; and\nhelp the patient, and the patient’s nominated support persons, family, carers and other support persons to communicate to health practitioners the patient’s views, wishes and preferences about the patient’s treatment and care; and\nwork cooperatively with community visitors performing functions under the Public Guardian Act 2014 ; and\nconsult with authorised mental health practitioners, authorised doctors, administrators of authorised mental health services, and the chief psychiatrist on the rights of patients under this Act, the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 and other laws; and\nin relation to tribunal hearings—\nadvise the patient, and the patient’s nominated support persons, family, carers and other support persons of the patient’s rights at the hearings; and\nif requested, help the patient engage a representative for the hearings; and\nidentify whether the patient has a personal guardian or attorney and, if the patient has a personal guardian or attorney, work cooperatively with the personal guardian or attorney to further the patient’s interests; and\nif appropriate, advise the patient of the benefits of an advance health directive or enduring power of attorney for a personal matter.\n- (a) ensure that a patient, and the patient’s nominated support persons, family, carers and other support persons are advised of their rights and responsibilities under this Act; and\n- (b) help the patient, and the patient’s nominated support persons, family, carers and other support persons to communicate to health practitioners the patient’s views, wishes and preferences about the patient’s treatment and care; and\n- (c) work cooperatively with community visitors performing functions under the Public Guardian Act 2014 ; and\n- (d) consult with authorised mental health practitioners, authorised doctors, administrators of authorised mental health services, and the chief psychiatrist on the rights of patients under this Act, the Guardianship and Administration Act 2000 , the Powers of Attorney Act 1998 and other laws; and\n- (e) in relation to tribunal hearings— (i) advise the patient, and the patient’s nominated support persons, family, carers and other support persons of the patient’s rights at the hearings; and (ii) if requested, help the patient engage a representative for the hearings; and\n- (i) advise the patient, and the patient’s nominated support persons, family, carers and other support persons of the patient’s rights at the hearings; and\n- (ii) if requested, help the patient engage a representative for the hearings; and\n- (f) identify whether the patient has a personal guardian or attorney and, if the patient has a personal guardian or attorney, work cooperatively with the personal guardian or attorney to further the patient’s interests; and\n- (g) if appropriate, advise the patient of the benefits of an advance health directive or enduring power of attorney for a personal matter.\n- (i) advise the patient, and the patient’s nominated support persons, family, carers and other support persons of the patient’s rights at the hearings; and\n- (ii) if requested, help the patient engage a representative for the hearings; and","sortOrder":399},{"sectionNumber":"sec.295","sectionType":"section","heading":"Independence","content":"### sec.295 Independence\n\nAn independent patient rights adviser, in performing the adviser’s functions—\nmust act independently and impartially; and\nis not subject to direction or control by any person in relation to advice given, or help provided, to a patient or a patient’s nominated support persons, family, carers or other support persons.\n- (a) must act independently and impartially; and\n- (b) is not subject to direction or control by any person in relation to advice given, or help provided, to a patient or a patient’s nominated support persons, family, carers or other support persons.","sortOrder":400},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":401},{"sectionNumber":"sec.296","sectionType":"section","heading":"Purpose of ch 10","content":"### sec.296 Purpose of ch 10\n\nThe purpose of this chapter is to provide for—\nthe appointment, functions and powers of the chief psychiatrist; and\nthe making of policies and practice guidelines, and the preparation of the annual report, by the chief psychiatrist; and\nthe investigation of matters by the chief psychiatrist; and\nthe actions the chief psychiatrist may take if there is a serious risk to persons or public safety because of a forensic patient who is the responsibility of an authorised mental health service; and\nthe giving by the chief psychiatrist of particular information to victims of unlawful acts committed by particular patients, and other persons affected by the unlawful acts.\n- (a) the appointment, functions and powers of the chief psychiatrist; and\n- (b) the making of policies and practice guidelines, and the preparation of the annual report, by the chief psychiatrist; and\n- (c) the investigation of matters by the chief psychiatrist; and\n- (d) the actions the chief psychiatrist may take if there is a serious risk to persons or public safety because of a forensic patient who is the responsibility of an authorised mental health service; and\n- (e) the giving by the chief psychiatrist of particular information to victims of unlawful acts committed by particular patients, and other persons affected by the unlawful acts.","sortOrder":402},{"sectionNumber":"sec.297","sectionType":"section","heading":"Definition for ch 10","content":"### sec.297 Definition for ch 10\n\nIn this chapter—\npatient means—\nan involuntary patient; or\na person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\n- (a) an involuntary patient; or\n- (b) a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.","sortOrder":403},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Appointment, functions and powers","content":"# Appointment, functions and powers","sortOrder":404},{"sectionNumber":"sec.298","sectionType":"section","heading":"Appointment","content":"### sec.298 Appointment\n\nThere is a Chief Psychiatrist.\nThe chief psychiatrist is appointed by the Governor in Council under this Act and not the Public Sector Act 2022 .\nThe chief psychiatrist must be a psychiatrist.\ns 298 amd 2022 No. 34 s 365 sch 3\n(sec.298-ssec.1) There is a Chief Psychiatrist.\n(sec.298-ssec.2) The chief psychiatrist is appointed by the Governor in Council under this Act and not the Public Sector Act 2022 .\n(sec.298-ssec.3) The chief psychiatrist must be a psychiatrist.","sortOrder":405},{"sectionNumber":"sec.299","sectionType":"section","heading":"Resignation","content":"### sec.299 Resignation\n\nThe chief psychiatrist may resign by signed notice given to the Minister.","sortOrder":406},{"sectionNumber":"sec.300","sectionType":"section","heading":"Termination of appointment","content":"### sec.300 Termination of appointment\n\nThe Governor in Council may terminate the appointment of the chief psychiatrist if the Governor in Council is satisfied the chief psychiatrist—\nhas become incapable of satisfactorily performing the chief psychiatrist’s functions; or\nhas performed the chief psychiatrist’s functions carelessly, incompetently or inefficiently; or\nhas been guilty of misconduct that could warrant dismissal from the public service if the chief psychiatrist were a public service officer.\nThe Governor in Council must terminate the appointment of the chief psychiatrist if the chief psychiatrist—\nis no longer eligible for appointment as the chief psychiatrist; or\nis convicted of an indictable offence.\n(sec.300-ssec.1) The Governor in Council may terminate the appointment of the chief psychiatrist if the Governor in Council is satisfied the chief psychiatrist— has become incapable of satisfactorily performing the chief psychiatrist’s functions; or has performed the chief psychiatrist’s functions carelessly, incompetently or inefficiently; or has been guilty of misconduct that could warrant dismissal from the public service if the chief psychiatrist were a public service officer.\n(sec.300-ssec.2) The Governor in Council must terminate the appointment of the chief psychiatrist if the chief psychiatrist— is no longer eligible for appointment as the chief psychiatrist; or is convicted of an indictable offence.\n- (a) has become incapable of satisfactorily performing the chief psychiatrist’s functions; or\n- (b) has performed the chief psychiatrist’s functions carelessly, incompetently or inefficiently; or\n- (c) has been guilty of misconduct that could warrant dismissal from the public service if the chief psychiatrist were a public service officer.\n- (a) is no longer eligible for appointment as the chief psychiatrist; or\n- (b) is convicted of an indictable offence.","sortOrder":407},{"sectionNumber":"sec.301","sectionType":"section","heading":"Functions and powers","content":"### sec.301 Functions and powers\n\nThe chief psychiatrist has the following functions—\nto the extent practicable, ensuring the protection of the rights of patients under this Act while balancing their rights with the rights of others;\nto the extent practicable, ensuring the involuntary examination, assessment, treatment, care and detention of persons under this Act complies 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 this Act;\nadvising and reporting to the Minister on any matter relating to the administration of this Act—\non the chief psychiatrist’s own initiative; or\non the written request of the Minister;\npreparing and giving to the Minister a report on the competencies the chief psychiatrist considers necessary for a health practitioner to perform a function or exercise a power of an authorised doctor.\nAlso, the chief psychiatrist has the functions and powers given to the chief psychiatrist under this or another Act.\nAlso, the chief psychiatrist may do all things necessary or convenient to be done to perform the chief psychiatrist’s functions.\n(sec.301-ssec.1) The chief psychiatrist has the following functions— to the extent practicable, ensuring the protection of the rights of patients under this Act while balancing their rights with the rights of others; to the extent practicable, ensuring the involuntary examination, assessment, treatment, care and detention of persons under this Act complies 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 this Act; advising and reporting to the Minister on any matter relating to the administration of this Act— on the chief psychiatrist’s own initiative; or on the written request of the Minister; preparing and giving to the Minister a report on the competencies the chief psychiatrist considers necessary for a health practitioner to perform a function or exercise a power of an authorised doctor.\n(sec.301-ssec.2) Also, the chief psychiatrist has the functions and powers given to the chief psychiatrist under this or another Act.\n(sec.301-ssec.3) Also, the chief psychiatrist may do all things necessary or convenient to be done to perform the chief psychiatrist’s functions.\n- (a) to the extent practicable, ensuring the protection of the rights of patients under this Act while balancing their rights with the rights of others;\n- (b) to the extent practicable, ensuring the involuntary examination, assessment, treatment, care and detention of persons under this Act complies 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 this Act;\n- (f) advising and reporting to the Minister on any matter relating to the administration of this Act— (i) on the chief psychiatrist’s own initiative; or (ii) on the written request of the Minister;\n- (i) on the chief psychiatrist’s own initiative; or\n- (ii) on the written request of the Minister;\n- (g) preparing and giving to the Minister a report on the competencies the chief psychiatrist considers necessary for a health practitioner to perform a function or exercise a power of an authorised doctor.\n- (i) on the chief psychiatrist’s own initiative; or\n- (ii) on the written request of the Minister;","sortOrder":408},{"sectionNumber":"sec.302","sectionType":"section","heading":"Independence of chief psychiatrist","content":"### sec.302 Independence of chief psychiatrist\n\nIn performing a function or exercising a power, the chief psychiatrist is not under the control of the Minister or another person.\nDespite subsection (1) , the Minister may give the chief psychiatrist a direction under section 312 .\n(sec.302-ssec.1) In performing a function or exercising a power, the chief psychiatrist is not under the control of the Minister or another person.\n(sec.302-ssec.2) Despite subsection (1) , the Minister may give the chief psychiatrist a direction under section 312 .","sortOrder":409},{"sectionNumber":"sec.303","sectionType":"section","heading":"Delegation","content":"### sec.303 Delegation\n\nThe chief psychiatrist may delegate a function of the chief psychiatrist to an appropriately qualified—\npublic service employee in the department; or\nhealth service employee.\nDespite subsection (1) , the chief psychiatrist may delegate a function of the chief psychiatrist under a prescribed provision only to an appropriately qualified—\nsenior executive employed in the department; or\nhealth executive employed by a Hospital and Health Service.\nIn this section—\nfunction includes a power.\nprescribed provision means—\npart 3 ; or\nsection 313 (2) (a) or (b) ; or\nchapter 11 , part 2 ; or\nsection 332 .\n(sec.303-ssec.1) The chief psychiatrist may delegate a function of the chief psychiatrist to an appropriately qualified— public service employee in the department; or health service employee.\n(sec.303-ssec.2) Despite subsection (1) , the chief psychiatrist may delegate a function of the chief psychiatrist under a prescribed provision only to an appropriately qualified— senior executive employed in the department; or health executive employed by a Hospital and Health Service.\n(sec.303-ssec.3) In this section— function includes a power. prescribed provision means— part 3 ; or section 313 (2) (a) or (b) ; or chapter 11 , part 2 ; or section 332 .\n- (a) public service employee in the department; or\n- (b) health service employee.\n- (a) senior executive employed in the department; or\n- (b) health executive employed by a Hospital and Health Service.\n- (a) part 3 ; or\n- (b) section 313 (2) (a) or (b) ; or\n- (c) chapter 11 , part 2 ; or\n- (d) section 332 .","sortOrder":410},{"sectionNumber":"sec.304","sectionType":"section","heading":"Power to require administrator to give documents or information","content":"### sec.304 Power to require administrator to give documents or information\n\nFor the performance of the chief psychiatrist’s functions, the chief psychiatrist may, by written notice, require the administrator of an authorised mental health service to give to the chief psychiatrist—\na stated document (including a health record), or a copy of a stated document, about a patient receiving treatment and care in the service or another document relevant to the performance of the chief psychiatrist’s functions; or\nstated information about—\na patient who has been examined or assessed, or is being examined or assessed, in the service; or\na patient who has received, or is receiving, treatment in the service; or\nanother matter relevant to the performance of the chief psychiatrist’s functions.\nThe notice must state the day (the stated day ) on which the document, record or information is to be given.\nThe stated day must be a reasonable time after the notice is given.\nThe administrator must comply with the notice.\nIf a document is given to the chief psychiatrist, the chief psychiatrist—\nmay inspect it and make copies of, or take extracts from, the document if it is relevant to the performance of the chief psychiatrist’s functions; and\nfor an original document—must return it to the administrator within a reasonable time after it is given.\n(sec.304-ssec.1) For the performance of the chief psychiatrist’s functions, the chief psychiatrist may, by written notice, require the administrator of an authorised mental health service to give to the chief psychiatrist— a stated document (including a health record), or a copy of a stated document, about a patient receiving treatment and care in the service or another document relevant to the performance of the chief psychiatrist’s functions; or stated information about— a patient who has been examined or assessed, or is being examined or assessed, in the service; or a patient who has received, or is receiving, treatment in the service; or another matter relevant to the performance of the chief psychiatrist’s functions.\n(sec.304-ssec.2) The notice must state the day (the stated day ) on which the document, record or information is to be given.\n(sec.304-ssec.3) The stated day must be a reasonable time after the notice is given.\n(sec.304-ssec.4) The administrator must comply with the notice.\n(sec.304-ssec.5) If a document is given to the chief psychiatrist, the chief psychiatrist— may inspect it and make copies of, or take extracts from, the document if it is relevant to the performance of the chief psychiatrist’s functions; and for an original document—must return it to the administrator within a reasonable time after it is given.\n- (a) a stated document (including a health record), or a copy of a stated document, about a patient receiving treatment and care in the service or another document relevant to the performance of the chief psychiatrist’s functions; or\n- (b) stated information about— (i) a patient who has been examined or assessed, or is being examined or assessed, in the service; or (ii) a patient who has received, or is receiving, treatment in the service; or (iii) another matter relevant to the performance of the chief psychiatrist’s functions.\n- (i) a patient who has been examined or assessed, or is being examined or assessed, in the service; or\n- (ii) a patient who has received, or is receiving, treatment in the service; or\n- (iii) another matter relevant to the performance of the chief psychiatrist’s functions.\n- (i) a patient who has been examined or assessed, or is being examined or assessed, in the service; or\n- (ii) a patient who has received, or is receiving, treatment in the service; or\n- (iii) another matter relevant to the performance of the chief psychiatrist’s functions.\n- (a) may inspect it and make copies of, or take extracts from, the document if it is relevant to the performance of the chief psychiatrist’s functions; and\n- (b) for an original document—must return it to the administrator within a reasonable time after it is given.","sortOrder":411},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Policies, practice guidelines and annual report","content":"# Policies, practice guidelines and annual report","sortOrder":412},{"sectionNumber":"sec.305","sectionType":"section","heading":"Making policies or practice guidelines","content":"### sec.305 Making policies or practice guidelines\n\nThe chief psychiatrist must make a policy about each of the following—\nthe application of the treatment criteria to patients and less restrictive ways for patients to receive treatment and care for their mental illness, including ways of assessing the capacity of patients to consent to being treated and whether the capacity is stable;\nthe way in which records for patients are to be kept;\nthe management of complaints by patients and their nominated support persons, family, carers and other support persons in relation to the treatment and care of patients;\nthe way in which patients and interested persons for patients may request the administrator of an authorised mental health service to obtain a second opinion about the treatment and care of the patient;\nthe treatment and care of forensic patients and the assessment and management of risks relating to forensic patients receiving treatment in the community;\nwithout limiting paragraph (e) , the treatment and care of forensic patients whose forensic order was made on a reference in relation to a prescribed offence allegedly committed by the person, and the assessment and management of risks relating to those forensic patients receiving treatment in the community;\nthe treatment and care of persons subject to treatment support orders;\nthe minimisation of the risk of patients absconding and processes to be followed in returning patients who have absconded;\nthe competencies necessary for a person to be an authorised doctor or authorised mental health practitioner.\nSee section 273 for the obligation of the chief psychiatrist to make the restraint, seclusion and other practices policy.\nAlso, the chief psychiatrist may make a policy or practice guideline relating to the administration of this Act, including, for example, about the following—\nthe examination and assessment of persons under this Act;\nthe treatment and care of patients in authorised mental health services, other than forensic patients or patients subject to treatment support orders;\nthe performance of functions, or exercise of powers, by administrators of authorised mental health services, authorised doctors or authorised mental health practitioners;\nthe administration of authorised mental health services, including safety and security;\nthe preparation of psychiatrist reports and second psychiatrist reports;\nthe way in which the tribunal is to be supported in performing its functions, including, for example, providing facilities for proceedings;\nthe authorisation of treatment in the community;\nsupporting the rights of patients and their nominated support persons, family, carers and other support persons, including the ways in which information is to be communicated to the patients and their support persons;\nthe appointment and functions of independent patient rights advisers;\nthe support of victims of unlawful acts, close relatives of the victims, and other persons affected by unlawful acts;\nthe way in which the chief psychiatrist is to be notified of matters under this Act;\nthe information to be recorded or given to the chief psychiatrist about—\nthe treatment and care of patients under this Act; and\ncritical incidents relating to patients, including the death of a patient.\nAn authorised doctor, authorised mental health practitioner, administrator of an authorised mental health service, or other person performing a function or exercising a power under this Act must comply with a policy or practice guideline.\nIf a policy or practice guideline is inconsistent with this Act, the policy or practice guideline is invalid to the extent of the inconsistency.\n(sec.305-ssec.1) The chief psychiatrist must make a policy about each of the following— the application of the treatment criteria to patients and less restrictive ways for patients to receive treatment and care for their mental illness, including ways of assessing the capacity of patients to consent to being treated and whether the capacity is stable; the way in which records for patients are to be kept; the management of complaints by patients and their nominated support persons, family, carers and other support persons in relation to the treatment and care of patients; the way in which patients and interested persons for patients may request the administrator of an authorised mental health service to obtain a second opinion about the treatment and care of the patient; the treatment and care of forensic patients and the assessment and management of risks relating to forensic patients receiving treatment in the community; without limiting paragraph (e) , the treatment and care of forensic patients whose forensic order was made on a reference in relation to a prescribed offence allegedly committed by the person, and the assessment and management of risks relating to those forensic patients receiving treatment in the community; the treatment and care of persons subject to treatment support orders; the minimisation of the risk of patients absconding and processes to be followed in returning patients who have absconded; the competencies necessary for a person to be an authorised doctor or authorised mental health practitioner. See section 273 for the obligation of the chief psychiatrist to make the restraint, seclusion and other practices policy.\n(sec.305-ssec.2) Also, the chief psychiatrist may make a policy or practice guideline relating to the administration of this Act, including, for example, about the following— the examination and assessment of persons under this Act; the treatment and care of patients in authorised mental health services, other than forensic patients or patients subject to treatment support orders; the performance of functions, or exercise of powers, by administrators of authorised mental health services, authorised doctors or authorised mental health practitioners; the administration of authorised mental health services, including safety and security; the preparation of psychiatrist reports and second psychiatrist reports; the way in which the tribunal is to be supported in performing its functions, including, for example, providing facilities for proceedings; the authorisation of treatment in the community; supporting the rights of patients and their nominated support persons, family, carers and other support persons, including the ways in which information is to be communicated to the patients and their support persons; the appointment and functions of independent patient rights advisers; the support of victims of unlawful acts, close relatives of the victims, and other persons affected by unlawful acts; the way in which the chief psychiatrist is to be notified of matters under this Act; the information to be recorded or given to the chief psychiatrist about— the treatment and care of patients under this Act; and critical incidents relating to patients, including the death of a patient.\n(sec.305-ssec.3) An authorised doctor, authorised mental health practitioner, administrator of an authorised mental health service, or other person performing a function or exercising a power under this Act must comply with a policy or practice guideline.\n(sec.305-ssec.4) If a policy or practice guideline is inconsistent with this Act, the policy or practice guideline is invalid to the extent of the inconsistency.\n- (a) the application of the treatment criteria to patients and less restrictive ways for patients to receive treatment and care for their mental illness, including ways of assessing the capacity of patients to consent to being treated and whether the capacity is stable;\n- (b) the way in which records for patients are to be kept;\n- (c) the management of complaints by patients and their nominated support persons, family, carers and other support persons in relation to the treatment and care of patients;\n- (d) the way in which patients and interested persons for patients may request the administrator of an authorised mental health service to obtain a second opinion about the treatment and care of the patient;\n- (e) the treatment and care of forensic patients and the assessment and management of risks relating to forensic patients receiving treatment in the community;\n- (f) without limiting paragraph (e) , the treatment and care of forensic patients whose forensic order was made on a reference in relation to a prescribed offence allegedly committed by the person, and the assessment and management of risks relating to those forensic patients receiving treatment in the community;\n- (g) the treatment and care of persons subject to treatment support orders;\n- (h) the minimisation of the risk of patients absconding and processes to be followed in returning patients who have absconded;\n- (i) the competencies necessary for a person to be an authorised doctor or authorised mental health practitioner.\n- (a) the examination and assessment of persons under this Act;\n- (b) the treatment and care of patients in authorised mental health services, other than forensic patients or patients subject to treatment support orders;\n- (c) the performance of functions, or exercise of powers, by administrators of authorised mental health services, authorised doctors or authorised mental health practitioners;\n- (d) the administration of authorised mental health services, including safety and security;\n- (e) the preparation of psychiatrist reports and second psychiatrist reports;\n- (f) the way in which the tribunal is to be supported in performing its functions, including, for example, providing facilities for proceedings;\n- (g) the authorisation of treatment in the community;\n- (h) supporting the rights of patients and their nominated support persons, family, carers and other support persons, including the ways in which information is to be communicated to the patients and their support persons;\n- (i) the appointment and functions of independent patient rights advisers;\n- (j) the support of victims of unlawful acts, close relatives of the victims, and other persons affected by unlawful acts;\n- (k) the way in which the chief psychiatrist is to be notified of matters under this Act;\n- (l) the information to be recorded or given to the chief psychiatrist about— (i) the treatment and care of patients under this Act; and (ii) critical incidents relating to patients, including the death of a patient.\n- (i) the treatment and care of patients under this Act; and\n- (ii) critical incidents relating to patients, including the death of a patient.\n- (i) the treatment and care of patients under this Act; and\n- (ii) critical incidents relating to patients, including the death of a patient.","sortOrder":413},{"sectionNumber":"sec.306","sectionType":"section","heading":"Publication of policies and practice guidelines","content":"### sec.306 Publication of policies and practice guidelines\n\nAs soon as practicable after making a policy or practice guideline, the chief psychiatrist must—\nmake the policy or practice guideline publicly available; and\npublication on a website\ngive a copy of the policy or practice guideline to the administrator of each authorised mental health service.\nIf a person in an authorised mental health service is required to comply with a policy or practice guideline, the administrator of the service must take reasonable steps to ensure the policy or practice guideline is available to the person.\nAlso, the administrator of an authorised mental health service must ensure a policy or practice guideline relevant to the service is given effect.\n(sec.306-ssec.1) As soon as practicable after making a policy or practice guideline, the chief psychiatrist must— make the policy or practice guideline publicly available; and publication on a website give a copy of the policy or practice guideline to the administrator of each authorised mental health service.\n(sec.306-ssec.2) If a person in an authorised mental health service is required to comply with a policy or practice guideline, the administrator of the service must take reasonable steps to ensure the policy or practice guideline is available to the person.\n(sec.306-ssec.3) Also, the administrator of an authorised mental health service must ensure a policy or practice guideline relevant to the service is given effect.\n- (a) make the policy or practice guideline publicly available; and Example of making a policy or practice guideline publicly available— publication on a website\n- (b) give a copy of the policy or practice guideline to the administrator of each authorised mental health service.","sortOrder":414},{"sectionNumber":"sec.307","sectionType":"section","heading":"Annual report","content":"### sec.307 Annual report\n\nWithin 90 days after the end of each financial year, the chief psychiatrist must give the Minister a report on the administration of this Act during the year.\nThe report must include the following information for the financial year to which the report relates—\na summary of key developments in the administration of this Act;\nstatistical data, generally and for each authorised mental health service, about the following—\nthe making of examination authorities;\nthe making of recommendations for assessment and transfer recommendations;\nthe making and revocation of treatment authorities;\nthe preparation of psychiatrist reports and second psychiatrist reports;\nthe making and revocation of forensic orders and treatment support orders;\nthe use of mechanical restraint and seclusion;\nactions taken under part 5 in relation to serious risks to persons or public safety;\nthe number of forensic patients who absconded from each authorised mental health service;\nthe details of the appointments of independent patient rights advisers;\ninformation about compliance with the restraint, seclusion and other practices policy;\ndetails of directions given, and actions taken, under section 310 (1) in relation to recommendations included in an investigation report;\ndetails of directions given under section 312 by the Minister to the chief psychiatrist;\nstatistical data about information notices given under part 6 .\nthe number of applications for information notices made\nThe report may state any other information the chief psychiatrist considers appropriate.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after the Minister receives it.\ns 307 amd 2022 No. 1 s 65\n(sec.307-ssec.1) Within 90 days after the end of each financial year, the chief psychiatrist must give the Minister a report on the administration of this Act during the year.\n(sec.307-ssec.2) The report must include the following information for the financial year to which the report relates— a summary of key developments in the administration of this Act; statistical data, generally and for each authorised mental health service, about the following— the making of examination authorities; the making of recommendations for assessment and transfer recommendations; the making and revocation of treatment authorities; the preparation of psychiatrist reports and second psychiatrist reports; the making and revocation of forensic orders and treatment support orders; the use of mechanical restraint and seclusion; actions taken under part 5 in relation to serious risks to persons or public safety; the number of forensic patients who absconded from each authorised mental health service; the details of the appointments of independent patient rights advisers; information about compliance with the restraint, seclusion and other practices policy; details of directions given, and actions taken, under section 310 (1) in relation to recommendations included in an investigation report; details of directions given under section 312 by the Minister to the chief psychiatrist; statistical data about information notices given under part 6 . the number of applications for information notices made\n(sec.307-ssec.3) The report may state any other information the chief psychiatrist considers appropriate.\n(sec.307-ssec.4) The Minister must table a copy of the report in the Legislative Assembly within 14 days after the Minister receives it.\n- (a) a summary of key developments in the administration of this Act;\n- (b) statistical data, generally and for each authorised mental health service, about the following— (i) the making of examination authorities; (ii) the making of recommendations for assessment and transfer recommendations; (iii) the making and revocation of treatment authorities; (iv) the preparation of psychiatrist reports and second psychiatrist reports; (v) the making and revocation of forensic orders and treatment support orders; (vi) the use of mechanical restraint and seclusion; (vii) actions taken under part 5 in relation to serious risks to persons or public safety;\n- (i) the making of examination authorities;\n- (ii) the making of recommendations for assessment and transfer recommendations;\n- (iii) the making and revocation of treatment authorities;\n- (iv) the preparation of psychiatrist reports and second psychiatrist reports;\n- (v) the making and revocation of forensic orders and treatment support orders;\n- (vi) the use of mechanical restraint and seclusion;\n- (vii) actions taken under part 5 in relation to serious risks to persons or public safety;\n- (c) the number of forensic patients who absconded from each authorised mental health service;\n- (d) the details of the appointments of independent patient rights advisers;\n- (e) information about compliance with the restraint, seclusion and other practices policy;\n- (f) details of directions given, and actions taken, under section 310 (1) in relation to recommendations included in an investigation report;\n- (g) details of directions given under section 312 by the Minister to the chief psychiatrist;\n- (h) statistical data about information notices given under part 6 . Example of statistical data about information notices— the number of applications for information notices made\n- (i) the making of examination authorities;\n- (ii) the making of recommendations for assessment and transfer recommendations;\n- (iii) the making and revocation of treatment authorities;\n- (iv) the preparation of psychiatrist reports and second psychiatrist reports;\n- (v) the making and revocation of forensic orders and treatment support orders;\n- (vi) the use of mechanical restraint and seclusion;\n- (vii) actions taken under part 5 in relation to serious risks to persons or public safety;","sortOrder":415},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Investigations","content":"# Investigations","sortOrder":416},{"sectionNumber":"sec.308","sectionType":"section","heading":"Chief psychiatrist may investigate","content":"### sec.308 Chief psychiatrist may investigate\n\nThe chief psychiatrist may, for the purpose of performing the chief psychiatrist’s functions—\ninvestigate a matter; or\ndirect an inspector to investigate a matter.\nSee section 555 (2) for appointment of an inspector to investigate a matter under this part.\nAn investigation must be completed as quickly as is reasonable in all the circumstances.\nThe chief psychiatrist or inspector may exercise the powers under chapter 14 for the purpose of the investigation.\nTo remove any doubt, it is declared that an investigation under subsection (1) may include an investigation about any matter relating to the treatment and care of any patient in an authorised mental health service.\n(sec.308-ssec.1) The chief psychiatrist may, for the purpose of performing the chief psychiatrist’s functions— investigate a matter; or direct an inspector to investigate a matter. See section 555 (2) for appointment of an inspector to investigate a matter under this part.\n(sec.308-ssec.2) An investigation must be completed as quickly as is reasonable in all the circumstances.\n(sec.308-ssec.3) The chief psychiatrist or inspector may exercise the powers under chapter 14 for the purpose of the investigation.\n(sec.308-ssec.4) To remove any doubt, it is declared that an investigation under subsection (1) may include an investigation about any matter relating to the treatment and care of any patient in an authorised mental health service.\n- (a) investigate a matter; or\n- (b) direct an inspector to investigate a matter.","sortOrder":417},{"sectionNumber":"sec.309","sectionType":"section","heading":"Investigation report","content":"### sec.309 Investigation report\n\nAfter completing an investigation, the chief psychiatrist, or an inspector investigating the matter, must prepare a report on the investigation (an investigation report ).\nThe investigation report may include recommendations relating to the improvement of the operation of an authorised mental health service.\nThe chief psychiatrist may give a copy of the investigation report to a person or entity the subject of the investigation.\n(sec.309-ssec.1) After completing an investigation, the chief psychiatrist, or an inspector investigating the matter, must prepare a report on the investigation (an investigation report ).\n(sec.309-ssec.2) The investigation report may include recommendations relating to the improvement of the operation of an authorised mental health service.\n(sec.309-ssec.3) The chief psychiatrist may give a copy of the investigation report to a person or entity the subject of the investigation.","sortOrder":418},{"sectionNumber":"sec.310","sectionType":"section","heading":"Recommendations for improvement","content":"### sec.310 Recommendations for improvement\n\nIf an investigation report includes recommendations relating to the improvement of the operation of an authorised mental health service, the chief psychiatrist may, by written notice, direct the administrator of the service to—\ntake action, or particular action, to address the recommendations; and\nreport to the chief psychiatrist about the action taken to address the recommendations.\nHowever, before giving the notice, the chief psychiatrist must—\ngive the administrator a written notice (a show cause notice ) stating the following—\nthat the chief psychiatrist proposes to direct the administrator to take action, or particular action, to address recommendations included in an investigation report (the proposed action );\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nthat the administrator may make submissions about the show cause notice to the chief psychiatrist;\nthe date by which the submission must be made; and\nconsider any submissions given in response to the show cause notice.\nThe administrator must comply with a notice under subsection (1) unless the administrator has a reasonable excuse.\n(sec.310-ssec.1) If an investigation report includes recommendations relating to the improvement of the operation of an authorised mental health service, the chief psychiatrist may, by written notice, direct the administrator of the service to— take action, or particular action, to address the recommendations; and report to the chief psychiatrist about the action taken to address the recommendations.\n(sec.310-ssec.2) However, before giving the notice, the chief psychiatrist must— give the administrator a written notice (a show cause notice ) stating the following— that the chief psychiatrist proposes to direct the administrator to take action, or particular action, to address recommendations included in an investigation report (the proposed action ); the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; that the administrator may make submissions about the show cause notice to the chief psychiatrist; the date by which the submission must be made; and consider any submissions given in response to the show cause notice.\n(sec.310-ssec.3) The administrator must comply with a notice under subsection (1) unless the administrator has a reasonable excuse.\n- (a) take action, or particular action, to address the recommendations; and\n- (b) report to the chief psychiatrist about the action taken to address the recommendations.\n- (a) give the administrator a written notice (a show cause notice ) stating the following— (i) that the chief psychiatrist proposes to direct the administrator to take action, or particular action, to address recommendations included in an investigation report (the proposed action ); (ii) the grounds for the proposed action; (iii) the facts and circumstances forming the basis for the grounds; (iv) that the administrator may make submissions about the show cause notice to the chief psychiatrist; (v) the date by which the submission must be made; and\n- (i) that the chief psychiatrist proposes to direct the administrator to take action, or particular action, to address recommendations included in an investigation report (the proposed action );\n- (ii) the grounds for the proposed action;\n- (iii) the facts and circumstances forming the basis for the grounds;\n- (iv) that the administrator may make submissions about the show cause notice to the chief psychiatrist;\n- (v) the date by which the submission must be made; and\n- (b) consider any submissions given in response to the show cause notice.\n- (i) that the chief psychiatrist proposes to direct the administrator to take action, or particular action, to address recommendations included in an investigation report (the proposed action );\n- (ii) the grounds for the proposed action;\n- (iii) the facts and circumstances forming the basis for the grounds;\n- (iv) that the administrator may make submissions about the show cause notice to the chief psychiatrist;\n- (v) the date by which the submission must be made; and","sortOrder":419},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Serious risks to persons or public safety","content":"# Serious risks to persons or public safety","sortOrder":420},{"sectionNumber":"sec.311","sectionType":"section","heading":"Purpose of pt 5","content":"### sec.311 Purpose of pt 5\n\nThis purpose of this part is to provide for the actions the chief psychiatrist may take in relation to a forensic patient for whom an authorised mental health service is responsible (a relevant forensic patient ) if there is a serious risk to the life, health or safety of a person or to public safety because of a matter relating to the relevant forensic patient.","sortOrder":421},{"sectionNumber":"sec.312","sectionType":"section","heading":"Minister may direct chief psychiatrist to review matter","content":"### sec.312 Minister may direct chief psychiatrist to review matter\n\nThis section applies if the Minister considers—\na matter has arisen in relation to 1 or more relevant forensic patients; and\nthere is a serious risk to the life, health or safety of a person or to public safety because of the matter.\nThe Minister may direct the chief psychiatrist to—\nimmediately review the matter and serious risk to decide—\nwhether action is necessary to remove, or to control or manage, the risk; and\nwhether there are systemic issues that need to be addressed to remove the risk; and\nconsider taking action under section 313 (2) to address the matter and stop the serious risk recurring; and\nreport to the Minister—\non the outcome of the review; and\nif action is taken as a result of the review—on the action taken.\nTo remove any doubt, it is declared that the Minister’s power under this section—\nis limited to directing the chief psychiatrist to do a thing mentioned in subsection (2) (a) , (b) or (c) ; and\ndoes not allow the Minister to direct the chief psychiatrist to take action, or any particular action, in relation to the matter or serious risk.\n(sec.312-ssec.1) This section applies if the Minister considers— a matter has arisen in relation to 1 or more relevant forensic patients; and there is a serious risk to the life, health or safety of a person or to public safety because of the matter.\n(sec.312-ssec.2) The Minister may direct the chief psychiatrist to— immediately review the matter and serious risk to decide— whether action is necessary to remove, or to control or manage, the risk; and whether there are systemic issues that need to be addressed to remove the risk; and consider taking action under section 313 (2) to address the matter and stop the serious risk recurring; and report to the Minister— on the outcome of the review; and if action is taken as a result of the review—on the action taken.\n(sec.312-ssec.3) To remove any doubt, it is declared that the Minister’s power under this section— is limited to directing the chief psychiatrist to do a thing mentioned in subsection (2) (a) , (b) or (c) ; and does not allow the Minister to direct the chief psychiatrist to take action, or any particular action, in relation to the matter or serious risk.\n- (a) a matter has arisen in relation to 1 or more relevant forensic patients; and\n- (b) there is a serious risk to the life, health or safety of a person or to public safety because of the matter.\n- (a) immediately review the matter and serious risk to decide— (i) whether action is necessary to remove, or to control or manage, the risk; and (ii) whether there are systemic issues that need to be addressed to remove the risk; and\n- (i) whether action is necessary to remove, or to control or manage, the risk; and\n- (ii) whether there are systemic issues that need to be addressed to remove the risk; and\n- (b) consider taking action under section 313 (2) to address the matter and stop the serious risk recurring; and\n- (c) report to the Minister— (i) on the outcome of the review; and (ii) if action is taken as a result of the review—on the action taken.\n- (i) on the outcome of the review; and\n- (ii) if action is taken as a result of the review—on the action taken.\n- (i) whether action is necessary to remove, or to control or manage, the risk; and\n- (ii) whether there are systemic issues that need to be addressed to remove the risk; and\n- (i) on the outcome of the review; and\n- (ii) if action is taken as a result of the review—on the action taken.\n- (a) is limited to directing the chief psychiatrist to do a thing mentioned in subsection (2) (a) , (b) or (c) ; and\n- (b) does not allow the Minister to direct the chief psychiatrist to take action, or any particular action, in relation to the matter or serious risk.","sortOrder":422},{"sectionNumber":"sec.313","sectionType":"section","heading":"Actions chief psychiatrist may take","content":"### sec.313 Actions chief psychiatrist may take\n\nThis section applies—\nif the chief psychiatrist considers—\na matter has arisen in relation to 1 or more relevant forensic patients; and\nthere is a serious risk to the life, health or safety of a person or to public safety because of the matter; and\nwhether or not a direction has been given to the chief psychiatrist about the matter or risk under section 312 .\nThe chief psychiatrist may do any of the following—\norder the suspension of limited community treatment for a relevant forensic patient, or each member of a class of relevant forensic patients, for a stated period of not more than 7 days;\norder the category of the forensic order for a relevant forensic patient, or each member of a class of relevant forensic patients, to be changed to inpatient for a stated period of not more than 7 days;\norder an administrator of an authorised mental health service to report to the chief psychiatrist on the circumstances that led to the matter and serious risk;\nreview, or order an administrator of an authorised mental health service to review and report to the chief psychiatrist on, any treatment and care provided to a relevant forensic patient or class of relevant forensic patients to the extent it relates to the matter or serious risk or a similar matter or serious risk that might arise in the future;\nreview any policies or practice guidelines about treatment in the community;\ntake any other action necessary to prevent a similar matter or serious risk arising.\nBefore making an order under subsection (2) (a) or (b) , the chief psychiatrist must consult with the administrator of each authorised mental health service likely to be affected by the order about the likely effect of the order on—\nthe operations of the authorised mental health service; and\nthe relevant forensic patients proposed to be subject to the order.\n(sec.313-ssec.1) This section applies— if the chief psychiatrist considers— a matter has arisen in relation to 1 or more relevant forensic patients; and there is a serious risk to the life, health or safety of a person or to public safety because of the matter; and whether or not a direction has been given to the chief psychiatrist about the matter or risk under section 312 .\n(sec.313-ssec.2) The chief psychiatrist may do any of the following— order the suspension of limited community treatment for a relevant forensic patient, or each member of a class of relevant forensic patients, for a stated period of not more than 7 days; order the category of the forensic order for a relevant forensic patient, or each member of a class of relevant forensic patients, to be changed to inpatient for a stated period of not more than 7 days; order an administrator of an authorised mental health service to report to the chief psychiatrist on the circumstances that led to the matter and serious risk; review, or order an administrator of an authorised mental health service to review and report to the chief psychiatrist on, any treatment and care provided to a relevant forensic patient or class of relevant forensic patients to the extent it relates to the matter or serious risk or a similar matter or serious risk that might arise in the future; review any policies or practice guidelines about treatment in the community; take any other action necessary to prevent a similar matter or serious risk arising.\n(sec.313-ssec.3) Before making an order under subsection (2) (a) or (b) , the chief psychiatrist must consult with the administrator of each authorised mental health service likely to be affected by the order about the likely effect of the order on— the operations of the authorised mental health service; and the relevant forensic patients proposed to be subject to the order.\n- (a) if the chief psychiatrist considers— (i) a matter has arisen in relation to 1 or more relevant forensic patients; and (ii) there is a serious risk to the life, health or safety of a person or to public safety because of the matter; and\n- (i) a matter has arisen in relation to 1 or more relevant forensic patients; and\n- (ii) there is a serious risk to the life, health or safety of a person or to public safety because of the matter; and\n- (b) whether or not a direction has been given to the chief psychiatrist about the matter or risk under section 312 .\n- (i) a matter has arisen in relation to 1 or more relevant forensic patients; and\n- (ii) there is a serious risk to the life, health or safety of a person or to public safety because of the matter; and\n- (a) order the suspension of limited community treatment for a relevant forensic patient, or each member of a class of relevant forensic patients, for a stated period of not more than 7 days;\n- (b) order the category of the forensic order for a relevant forensic patient, or each member of a class of relevant forensic patients, to be changed to inpatient for a stated period of not more than 7 days;\n- (c) order an administrator of an authorised mental health service to report to the chief psychiatrist on the circumstances that led to the matter and serious risk;\n- (d) review, or order an administrator of an authorised mental health service to review and report to the chief psychiatrist on, any treatment and care provided to a relevant forensic patient or class of relevant forensic patients to the extent it relates to the matter or serious risk or a similar matter or serious risk that might arise in the future;\n- (e) review any policies or practice guidelines about treatment in the community;\n- (f) take any other action necessary to prevent a similar matter or serious risk arising.\n- (a) the operations of the authorised mental health service; and\n- (b) the relevant forensic patients proposed to be subject to the order.","sortOrder":423},{"sectionNumber":"sec.314","sectionType":"section","heading":"Chief psychiatrist’s order","content":"### sec.314 Chief psychiatrist’s order\n\nThis section applies if the chief psychiatrist makes an order under section 313 (2) (a) or (b) in relation to a relevant forensic patient or class of relevant forensic patients.\nThe chief psychiatrist’s order must include the following—\nif the order relates to a particular relevant forensic patient—the name of the patient;\nif the order relates to a class of relevant forensic patients—sufficient details to identify the class;\nall relevant forensic patients in an inpatient unit of a particular authorised mental health service who are receiving limited community treatment\nif the order is made under section 313 (2) (a) —the period of the suspension of limited community treatment;\nif the order is made under section 313 (2) (b) —the period for which the category of the forensic order is changed to inpatient;\nif the order requires a relevant forensic patient, or each member of a class of relevant forensic patients, to return to an authorised mental health service—the name of the service and the time or date by which the patient must return to the service.\nFor subsection (2) (e) , the order may state an authorised mental health service other than the patient’s treating health service.\nThe chief psychiatrist must give each relevant forensic patient subject to the order a copy of the order and a written notice stating—\nthat the patient may appeal to the tribunal against the chief psychiatrist’s decision to make the order; and\nthe period within which the patient may appeal to the tribunal; and\nhow the appeal is made.\n(sec.314-ssec.1) This section applies if the chief psychiatrist makes an order under section 313 (2) (a) or (b) in relation to a relevant forensic patient or class of relevant forensic patients.\n(sec.314-ssec.2) The chief psychiatrist’s order must include the following— if the order relates to a particular relevant forensic patient—the name of the patient; if the order relates to a class of relevant forensic patients—sufficient details to identify the class; all relevant forensic patients in an inpatient unit of a particular authorised mental health service who are receiving limited community treatment if the order is made under section 313 (2) (a) —the period of the suspension of limited community treatment; if the order is made under section 313 (2) (b) —the period for which the category of the forensic order is changed to inpatient; if the order requires a relevant forensic patient, or each member of a class of relevant forensic patients, to return to an authorised mental health service—the name of the service and the time or date by which the patient must return to the service.\n(sec.314-ssec.3) For subsection (2) (e) , the order may state an authorised mental health service other than the patient’s treating health service.\n(sec.314-ssec.4) The chief psychiatrist must give each relevant forensic patient subject to the order a copy of the order and a written notice stating— that the patient may appeal to the tribunal against the chief psychiatrist’s decision to make the order; and the period within which the patient may appeal to the tribunal; and how the appeal is made.\n- (a) if the order relates to a particular relevant forensic patient—the name of the patient;\n- (b) if the order relates to a class of relevant forensic patients—sufficient details to identify the class; Example of a class of relevant forensic patients for paragraph (b) — all relevant forensic patients in an inpatient unit of a particular authorised mental health service who are receiving limited community treatment\n- (c) if the order is made under section 313 (2) (a) —the period of the suspension of limited community treatment;\n- (d) if the order is made under section 313 (2) (b) —the period for which the category of the forensic order is changed to inpatient;\n- (e) if the order requires a relevant forensic patient, or each member of a class of relevant forensic patients, to return to an authorised mental health service—the name of the service and the time or date by which the patient must return to the service.\n- (a) that the patient may appeal to the tribunal against the chief psychiatrist’s decision to make the order; and\n- (b) the period within which the patient may appeal to the tribunal; and\n- (c) how the appeal is made.","sortOrder":424},{"sectionNumber":"sec.315","sectionType":"section","heading":"Chief psychiatrist may vary period or end order","content":"### sec.315 Chief psychiatrist may vary period or end order\n\nThe chief psychiatrist may, for an order made under section 313 (2) (a) or (b) , at any time while the order is in force—\nextend, or further extend, the stated period for a period of not more than 7 days if the chief psychiatrist is satisfied the matter or serious risk for which the order was made still exists; or\nend the order.\nThe chief psychiatrist must give written notice of an extension of the stated period, or the ending of the order, to each relevant forensic patient subject to the order.\nIf the chief psychiatrist decides to extend the stated period, the notice must state—\nthat the patient may appeal to the tribunal against the chief psychiatrist’s decision to extend the period; and\nthe period within which the patient may appeal to the tribunal; and\nhow the appeal is made.\n(sec.315-ssec.1) The chief psychiatrist may, for an order made under section 313 (2) (a) or (b) , at any time while the order is in force— extend, or further extend, the stated period for a period of not more than 7 days if the chief psychiatrist is satisfied the matter or serious risk for which the order was made still exists; or end the order.\n(sec.315-ssec.2) The chief psychiatrist must give written notice of an extension of the stated period, or the ending of the order, to each relevant forensic patient subject to the order.\n(sec.315-ssec.3) If the chief psychiatrist decides to extend the stated period, the notice must state— that the patient may appeal to the tribunal against the chief psychiatrist’s decision to extend the period; and the period within which the patient may appeal to the tribunal; and how the appeal is made.\n- (a) extend, or further extend, the stated period for a period of not more than 7 days if the chief psychiatrist is satisfied the matter or serious risk for which the order was made still exists; or\n- (b) end the order.\n- (a) that the patient may appeal to the tribunal against the chief psychiatrist’s decision to extend the period; and\n- (b) the period within which the patient may appeal to the tribunal; and\n- (c) how the appeal is made.","sortOrder":425},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Information notices","content":"# Information notices","sortOrder":426},{"sectionNumber":"ch.10-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":427},{"sectionNumber":"sec.316","sectionType":"section","heading":"Purpose of pt 6","content":"### sec.316 Purpose of pt 6\n\nThe purpose of this part is to provide for victims of unlawful acts committed by relevant patients, and other persons affected by the unlawful act, to obtain particular information about the relevant patient.\nSee section 327 for the application of this part to forensic disability clients.","sortOrder":428},{"sectionNumber":"sec.317","sectionType":"section","heading":"Definitions for pt 6","content":"### sec.317 Definitions for pt 6\n\nIn this part—\napplicant’s nominee see section 318 (2) (b) .\ninformation notice , relating to a relevant patient, is a notice that entitles the applicant for the notice, or the applicant’s nominee, to receive information mentioned in schedule 1 about the relevant patient from the chief psychiatrist.\nrelevant day , for a forensic order or treatment support order that has ended, whether by revocation by the tribunal or otherwise, means the later of the following days—\nthe day the order ended;\nif an appeal against the ending of the order may be started under chapter 13 , part 3 —\nthe last day on which the notice of appeal may be filed under section 541 ; or\nif the notice of appeal is filed under section 541 —the day the appeal is decided or otherwise discontinued.\ns 317 def relevant day ins 2022 No. 1 s 66 (2)\nrelevant patient means a patient of an authorised mental health service who—\nis subject to a forensic order or treatment support order; or\nwas subject to a forensic order or treatment support order that has ended, if the relevant day for the order has not passed.\ns 317 def relevant patient sub 2022 No. 1 s 66\n- (a) the day the order ended;\n- (b) if an appeal against the ending of the order may be started under chapter 13 , part 3 — (i) the last day on which the notice of appeal may be filed under section 541 ; or (ii) if the notice of appeal is filed under section 541 —the day the appeal is decided or otherwise discontinued.\n- (i) the last day on which the notice of appeal may be filed under section 541 ; or\n- (ii) if the notice of appeal is filed under section 541 —the day the appeal is decided or otherwise discontinued.\n- (i) the last day on which the notice of appeal may be filed under section 541 ; or\n- (ii) if the notice of appeal is filed under section 541 —the day the appeal is decided or otherwise discontinued.\n- (a) is subject to a forensic order or treatment support order; or\n- (b) was subject to a forensic order or treatment support order that has ended, if the relevant day for the order has not passed.","sortOrder":429},{"sectionNumber":"ch.10-pt.6-div.2","sectionType":"division","heading":"Application, amendment and revocation","content":"## Application, amendment and revocation","sortOrder":430},{"sectionNumber":"sec.318","sectionType":"section","heading":"Application","content":"### sec.318 Application\n\nAn application for an information notice relating to a relevant patient may be made to the chief psychiatrist by—\na victim of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; or\na close relative of a victim mentioned in paragraph (a) ; or\nanother individual who—\nhas suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and\nhas a sufficient personal interest in receiving information under the notice about the relevant patient.\nThe application must—\nbe in the approved form; and\nstate whether the applicant, or another person (the applicant’s nominee ), will be entitled to receive information under the notice; and\nbe accompanied by a statutory declaration by the applicant and the applicant’s nominee, if any, that the applicant or applicant’s nominee will not publish information received under the notice in contravention of section 326 .\nIn this section—\nforensic order includes a forensic order that has ended if the relevant day for the order has not passed.\ntreatment support order includes a treatment support order that has ended if the relevant day for the order has not passed.\ns 318 amd 2022 No. 1 s 67\n(sec.318-ssec.1) An application for an information notice relating to a relevant patient may be made to the chief psychiatrist by— a victim of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; or a close relative of a victim mentioned in paragraph (a) ; or another individual who— has suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and has a sufficient personal interest in receiving information under the notice about the relevant patient.\n(sec.318-ssec.2) The application must— be in the approved form; and state whether the applicant, or another person (the applicant’s nominee ), will be entitled to receive information under the notice; and be accompanied by a statutory declaration by the applicant and the applicant’s nominee, if any, that the applicant or applicant’s nominee will not publish information received under the notice in contravention of section 326 .\n(sec.318-ssec.3) In this section— forensic order includes a forensic order that has ended if the relevant day for the order has not passed. treatment support order includes a treatment support order that has ended if the relevant day for the order has not passed.\n- (a) a victim of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; or\n- (b) a close relative of a victim mentioned in paragraph (a) ; or\n- (c) another individual who— (i) has suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and (ii) has a sufficient personal interest in receiving information under the notice about the relevant patient.\n- (i) has suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and\n- (ii) has a sufficient personal interest in receiving information under the notice about the relevant patient.\n- (i) has suffered harm because of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order; and\n- (ii) has a sufficient personal interest in receiving information under the notice about the relevant patient.\n- (a) be in the approved form; and\n- (b) state whether the applicant, or another person (the applicant’s nominee ), will be entitled to receive information under the notice; and\n- (c) be accompanied by a statutory declaration by the applicant and the applicant’s nominee, if any, that the applicant or applicant’s nominee will not publish information received under the notice in contravention of section 326 .","sortOrder":431},{"sectionNumber":"sec.319","sectionType":"section","heading":"Decision on application","content":"### sec.319 Decision on application\n\nThe chief psychiatrist must decide to approve or refuse to approve the application—\nif the application is made by an applicant mentioned in section 318 (1) (a) or (b) —within 14 days after receiving the application; or\notherwise—within 28 days after receiving the application.\nThe chief psychiatrist may refuse to approve the application if the chief psychiatrist is satisfied—\nthe application is frivolous or vexatious; or\nfor an application made under section 318 (1) (c) —the applicant is not an individual mentioned in section 318 (1) (c) ; or\ndisclosure of information under the notice is likely to—\nresult in serious harm to the relevant patient’s health or welfare; or\nput the safety of the relevant patient or someone else at serious risk; or\na previous information notice obtained by the applicant was revoked under section 323 (2) (b) .\nFor subsection (2) (b) , in deciding whether the applicant has a sufficient personal interest in receiving information under the notice, the chief psychiatrist must have regard to the following matters—\nwhether the relevant patient is a risk to the safety and welfare of the person;\nwhether it is likely the relevant patient will come into contact with the person;\nthe nature of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order.\nThe chief psychiatrist must refuse to approve the application if the chief psychiatrist is satisfied—\nif the application states that the applicant’s nominee will be entitled to receive information under the notice—the nominee is not suitable to receive the information; or\nthe person in relation to whom the application was made is not, or is no longer, a relevant patient.\nThe chief psychiatrist must give the applicant written notice of the decision within 7 days after making it.\nIf the decision is to approve the application, the written notice must state—\nthe name of the person entitled to receive information under the information notice; and\nif the person entitled to receive information under the information notice is the applicant’s nominee—that the nominee is entitled to receive the information only for the purpose of providing the information to the applicant.\nIf the decision is to refuse to approve the application, the written notice must state—\nthe reasons for the decision; and\nthat the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and\nhow the appeal is made.\nIn this section—\nforensic order includes a forensic order that has ended if the relevant day for the order has not passed.\ntreatment support order includes a treatment support order that has ended if the relevant day for the order has not passed.\ns 319 amd 2022 No. 1 s 68\n(sec.319-ssec.1) The chief psychiatrist must decide to approve or refuse to approve the application— if the application is made by an applicant mentioned in section 318 (1) (a) or (b) —within 14 days after receiving the application; or otherwise—within 28 days after receiving the application.\n(sec.319-ssec.2) The chief psychiatrist may refuse to approve the application if the chief psychiatrist is satisfied— the application is frivolous or vexatious; or for an application made under section 318 (1) (c) —the applicant is not an individual mentioned in section 318 (1) (c) ; or disclosure of information under the notice is likely to— result in serious harm to the relevant patient’s health or welfare; or put the safety of the relevant patient or someone else at serious risk; or a previous information notice obtained by the applicant was revoked under section 323 (2) (b) .\n(sec.319-ssec.3) For subsection (2) (b) , in deciding whether the applicant has a sufficient personal interest in receiving information under the notice, the chief psychiatrist must have regard to the following matters— whether the relevant patient is a risk to the safety and welfare of the person; whether it is likely the relevant patient will come into contact with the person; the nature of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order.\n(sec.319-ssec.4) The chief psychiatrist must refuse to approve the application if the chief psychiatrist is satisfied— if the application states that the applicant’s nominee will be entitled to receive information under the notice—the nominee is not suitable to receive the information; or the person in relation to whom the application was made is not, or is no longer, a relevant patient.\n(sec.319-ssec.5) The chief psychiatrist must give the applicant written notice of the decision within 7 days after making it.\n(sec.319-ssec.6) If the decision is to approve the application, the written notice must state— the name of the person entitled to receive information under the information notice; and if the person entitled to receive information under the information notice is the applicant’s nominee—that the nominee is entitled to receive the information only for the purpose of providing the information to the applicant.\n(sec.319-ssec.7) If the decision is to refuse to approve the application, the written notice must state— the reasons for the decision; and that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and how the appeal is made.\n(sec.319-ssec.8) In this section— forensic order includes a forensic order that has ended if the relevant day for the order has not passed. treatment support order includes a treatment support order that has ended if the relevant day for the order has not passed.\n- (a) if the application is made by an applicant mentioned in section 318 (1) (a) or (b) —within 14 days after receiving the application; or\n- (b) otherwise—within 28 days after receiving the application.\n- (a) the application is frivolous or vexatious; or\n- (b) for an application made under section 318 (1) (c) —the applicant is not an individual mentioned in section 318 (1) (c) ; or\n- (c) disclosure of information under the notice is likely to— (i) result in serious harm to the relevant patient’s health or welfare; or (ii) put the safety of the relevant patient or someone else at serious risk; or\n- (i) result in serious harm to the relevant patient’s health or welfare; or\n- (ii) put the safety of the relevant patient or someone else at serious risk; or\n- (d) a previous information notice obtained by the applicant was revoked under section 323 (2) (b) .\n- (i) result in serious harm to the relevant patient’s health or welfare; or\n- (ii) put the safety of the relevant patient or someone else at serious risk; or\n- (a) whether the relevant patient is a risk to the safety and welfare of the person;\n- (b) whether it is likely the relevant patient will come into contact with the person;\n- (c) the nature of the relevant unlawful act in relation to the relevant patient’s forensic order or treatment support order.\n- (a) if the application states that the applicant’s nominee will be entitled to receive information under the notice—the nominee is not suitable to receive the information; or\n- (b) the person in relation to whom the application was made is not, or is no longer, a relevant patient.\n- (a) the name of the person entitled to receive information under the information notice; and\n- (b) if the person entitled to receive information under the information notice is the applicant’s nominee—that the nominee is entitled to receive the information only for the purpose of providing the information to the applicant.\n- (a) the reasons for the decision; and\n- (b) that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and\n- (c) how the appeal is made.","sortOrder":432},{"sectionNumber":"sec.320","sectionType":"section","heading":"Right to receive information under notice","content":"### sec.320 Right to receive information under notice\n\nThis section applies if a person is entitled to receive information about a relevant patient under an information notice.\nThe chief psychiatrist must ensure the person receives the information mentioned in schedule 1 about the relevant patient.\nThe information must be given to the person—\nfor information mentioned in schedule 1 , section 5 —as soon as practicable after the chief psychiatrist becomes aware of the information; or\notherwise—within 14 days after the chief psychiatrist becomes aware of the information.\nHowever, the chief psychiatrist must not disclose under subsection (2) —\ndetails about the specific treatment and care provided to the relevant patient, including, for example, the type of medication being given to the relevant patient; or\nthe address of a place in the community at which the relevant patient is living.\nThe chief psychiatrist may enter into arrangements with a victim support service to enable the service, on behalf of the chief psychiatrist, to give the information to the person.\n(sec.320-ssec.1) This section applies if a person is entitled to receive information about a relevant patient under an information notice.\n(sec.320-ssec.2) The chief psychiatrist must ensure the person receives the information mentioned in schedule 1 about the relevant patient.\n(sec.320-ssec.3) The information must be given to the person— for information mentioned in schedule 1 , section 5 —as soon as practicable after the chief psychiatrist becomes aware of the information; or otherwise—within 14 days after the chief psychiatrist becomes aware of the information.\n(sec.320-ssec.4) However, the chief psychiatrist must not disclose under subsection (2) — details about the specific treatment and care provided to the relevant patient, including, for example, the type of medication being given to the relevant patient; or the address of a place in the community at which the relevant patient is living.\n(sec.320-ssec.5) The chief psychiatrist may enter into arrangements with a victim support service to enable the service, on behalf of the chief psychiatrist, to give the information to the person.\n- (a) for information mentioned in schedule 1 , section 5 —as soon as practicable after the chief psychiatrist becomes aware of the information; or\n- (b) otherwise—within 14 days after the chief psychiatrist becomes aware of the information.\n- (a) details about the specific treatment and care provided to the relevant patient, including, for example, the type of medication being given to the relevant patient; or\n- (b) the address of a place in the community at which the relevant patient is living.","sortOrder":433},{"sectionNumber":"sec.321","sectionType":"section","heading":"Amendment of notice to change applicant’s nominee","content":"### sec.321 Amendment of notice to change applicant’s nominee\n\nA person who is entitled to receive information about a relevant patient under an information notice may apply to the chief psychiatrist to amend the notice by adding, or changing, the applicant’s nominee.\nThe application must be in the approved form and be accompanied by—\nthe name of the applicant’s proposed nominee; and\na statutory declaration by the nominee stating that the nominee will not publish information received under the notice in contravention of section 326 .\nThe chief psychiatrist must decide to approve or refuse to approve the application within 14 days after receiving the application.\nThe chief psychiatrist must approve the application if the chief psychiatrist is satisfied the nominee is suitable to receive information under the notice.\nThe chief psychiatrist must give the applicant notice of the decision within 7 days after making it.\nIf the decision is to approve the application, the chief psychiatrist must give the applicant an amended information notice.\nIf the decision is to refuse to approve the application, the notice must state—\nthe reasons for the decision; and\nthat the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and\nhow the appeal is made.\n(sec.321-ssec.1) A person who is entitled to receive information about a relevant patient under an information notice may apply to the chief psychiatrist to amend the notice by adding, or changing, the applicant’s nominee.\n(sec.321-ssec.2) The application must be in the approved form and be accompanied by— the name of the applicant’s proposed nominee; and a statutory declaration by the nominee stating that the nominee will not publish information received under the notice in contravention of section 326 .\n(sec.321-ssec.3) The chief psychiatrist must decide to approve or refuse to approve the application within 14 days after receiving the application.\n(sec.321-ssec.4) The chief psychiatrist must approve the application if the chief psychiatrist is satisfied the nominee is suitable to receive information under the notice.\n(sec.321-ssec.5) The chief psychiatrist must give the applicant notice of the decision within 7 days after making it.\n(sec.321-ssec.6) If the decision is to approve the application, the chief psychiatrist must give the applicant an amended information notice.\n(sec.321-ssec.7) If the decision is to refuse to approve the application, the notice must state— the reasons for the decision; and that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and how the appeal is made.\n- (a) the name of the applicant’s proposed nominee; and\n- (b) a statutory declaration by the nominee stating that the nominee will not publish information received under the notice in contravention of section 326 .\n- (a) the reasons for the decision; and\n- (b) that the applicant may appeal to the tribunal against the decision within 28 days after the applicant receives the notice; and\n- (c) how the appeal is made.","sortOrder":434},{"sectionNumber":"sec.322","sectionType":"section","heading":"Duration of information notice","content":"### sec.322 Duration of information notice\n\nAn information notice relating to a relevant patient ceases to have effect on the earliest of the following days—\nif the relevant patient’s forensic order or treatment support order ends and the patient is not subject to any other forensic order or treatment support order—the relevant day for the forensic order or treatment support order that has ended;\nif the relevant patient has been transferred under chapter 12 , part 10 , division 2 to an interstate mental health service or another country—the day the patient leaves Queensland;\nif the person entitled to receive information under the notice notifies the chief psychiatrist the person no longer wishes to receive the information—the day the person gives the notice;\nif the chief psychiatrist revokes the information notice under section 323 —the day the notice is revoked.\nWithin 7 days after an information notice ceases to have effect under subsection (1) (a) , (b) or (c) , the chief psychiatrist must give the person who was entitled to receive information under the notice a written notice stating—\nthe information notice has ceased to have effect; and\nthe reason the information notice ceased to have effect; and\nif the information notice ceased to have effect under subsection (1) (a) or (b) —the person is not entitled to appeal the ceasing of effect of the information notice.\nDespite subsection (1) (b) , if the relevant patient returns to Queensland before the patient’s forensic order or treatment support order ends under section 528 —\nthe information notice is reinstated on the day the relevant patient returns to Queensland; and\nwithin 7 days after the chief psychiatrist becomes aware the relevant patient has returned to Queensland, the chief psychiatrist must give notice of the reinstatement of the information notice to the person entitled to receive information under the notice.\ns 322 amd 2017 No. 3 s 25\nsub 2022 No. 1 s 69\n(sec.322-ssec.1) An information notice relating to a relevant patient ceases to have effect on the earliest of the following days— if the relevant patient’s forensic order or treatment support order ends and the patient is not subject to any other forensic order or treatment support order—the relevant day for the forensic order or treatment support order that has ended; if the relevant patient has been transferred under chapter 12 , part 10 , division 2 to an interstate mental health service or another country—the day the patient leaves Queensland; if the person entitled to receive information under the notice notifies the chief psychiatrist the person no longer wishes to receive the information—the day the person gives the notice; if the chief psychiatrist revokes the information notice under section 323 —the day the notice is revoked.\n(sec.322-ssec.2) Within 7 days after an information notice ceases to have effect under subsection (1) (a) , (b) or (c) , the chief psychiatrist must give the person who was entitled to receive information under the notice a written notice stating— the information notice has ceased to have effect; and the reason the information notice ceased to have effect; and if the information notice ceased to have effect under subsection (1) (a) or (b) —the person is not entitled to appeal the ceasing of effect of the information notice.\n(sec.322-ssec.3) Despite subsection (1) (b) , if the relevant patient returns to Queensland before the patient’s forensic order or treatment support order ends under section 528 — the information notice is reinstated on the day the relevant patient returns to Queensland; and within 7 days after the chief psychiatrist becomes aware the relevant patient has returned to Queensland, the chief psychiatrist must give notice of the reinstatement of the information notice to the person entitled to receive information under the notice.\n- (a) if the relevant patient’s forensic order or treatment support order ends and the patient is not subject to any other forensic order or treatment support order—the relevant day for the forensic order or treatment support order that has ended;\n- (b) if the relevant patient has been transferred under chapter 12 , part 10 , division 2 to an interstate mental health service or another country—the day the patient leaves Queensland;\n- (c) if the person entitled to receive information under the notice notifies the chief psychiatrist the person no longer wishes to receive the information—the day the person gives the notice;\n- (d) if the chief psychiatrist revokes the information notice under section 323 —the day the notice is revoked.\n- (a) the information notice has ceased to have effect; and\n- (b) the reason the information notice ceased to have effect; and\n- (c) if the information notice ceased to have effect under subsection (1) (a) or (b) —the person is not entitled to appeal the ceasing of effect of the information notice.\n- (a) the information notice is reinstated on the day the relevant patient returns to Queensland; and\n- (b) within 7 days after the chief psychiatrist becomes aware the relevant patient has returned to Queensland, the chief psychiatrist must give notice of the reinstatement of the information notice to the person entitled to receive information under the notice.","sortOrder":435},{"sectionNumber":"sec.323","sectionType":"section","heading":"Revocation of information notice","content":"### sec.323 Revocation of information notice\n\nThe chief psychiatrist must revoke an information notice relating to a relevant patient if the chief psychiatrist is satisfied disclosure of information under the notice is likely to—\nresult in serious harm to the relevant patient’s health or welfare; or\nput the safety of the relevant patient or someone else at serious risk.\nThe chief psychiatrist may revoke an information notice relating to a relevant patient if—\nthe chief psychiatrist is unable, after making reasonable efforts, to locate the person entitled to receive information under the notice; or\nthe person entitled to receive information under the notice has contravened section 326 .\nHowever, before revoking an information notice under subsection (2) (b) , the chief psychiatrist must give the person a reasonable opportunity to make a submission to the chief psychiatrist about why the notice should not be revoked.\nWithin 7 days after an information notice is revoked under this section, the chief psychiatrist must give the person who was entitled to receive information under the information notice a written notice stating—\nthe information notice has been revoked and has ceased to have effect; and\nthe reasons for the decision to revoke the information notice; and\nthat the person may appeal to the tribunal against the decision within 28 days after the person receives the written notice; and\nhow the appeal may be made.\ns 323 sub 2022 No. 1 s 69\n(sec.323-ssec.1) The chief psychiatrist must revoke an information notice relating to a relevant patient if the chief psychiatrist is satisfied disclosure of information under the notice is likely to— result in serious harm to the relevant patient’s health or welfare; or put the safety of the relevant patient or someone else at serious risk.\n(sec.323-ssec.2) The chief psychiatrist may revoke an information notice relating to a relevant patient if— the chief psychiatrist is unable, after making reasonable efforts, to locate the person entitled to receive information under the notice; or the person entitled to receive information under the notice has contravened section 326 .\n(sec.323-ssec.3) However, before revoking an information notice under subsection (2) (b) , the chief psychiatrist must give the person a reasonable opportunity to make a submission to the chief psychiatrist about why the notice should not be revoked.\n(sec.323-ssec.4) Within 7 days after an information notice is revoked under this section, the chief psychiatrist must give the person who was entitled to receive information under the information notice a written notice stating— the information notice has been revoked and has ceased to have effect; and the reasons for the decision to revoke the information notice; and that the person may appeal to the tribunal against the decision within 28 days after the person receives the written notice; and how the appeal may be made.\n- (a) result in serious harm to the relevant patient’s health or welfare; or\n- (b) put the safety of the relevant patient or someone else at serious risk.\n- (a) the chief psychiatrist is unable, after making reasonable efforts, to locate the person entitled to receive information under the notice; or\n- (b) the person entitled to receive information under the notice has contravened section 326 .\n- (a) the information notice has been revoked and has ceased to have effect; and\n- (b) the reasons for the decision to revoke the information notice; and\n- (c) that the person may appeal to the tribunal against the decision within 28 days after the person receives the written notice; and\n- (d) how the appeal may be made.","sortOrder":436},{"sectionNumber":"ch.10-pt.6-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":437},{"sectionNumber":"sec.324","sectionType":"section","heading":"Tribunal must give particular information to chief psychiatrist about relevant patient","content":"### sec.324 Tribunal must give particular information to chief psychiatrist about relevant patient\n\nThis section applies if the tribunal makes a decision that increases the extent of treatment in the community received by a relevant patient.\nThe tribunal must, for the purpose of enabling the chief psychiatrist to comply with section 320 (2) , give the chief psychiatrist a written notice containing a brief explanation of the decision.\nThe chief psychiatrist may use the written notice only for the purpose for which it is given.\nTo remove any doubt, it is declared that the written notice is not a statement of reasons for the tribunal’s decision.\n(sec.324-ssec.1) This section applies if the tribunal makes a decision that increases the extent of treatment in the community received by a relevant patient.\n(sec.324-ssec.2) The tribunal must, for the purpose of enabling the chief psychiatrist to comply with section 320 (2) , give the chief psychiatrist a written notice containing a brief explanation of the decision.\n(sec.324-ssec.3) The chief psychiatrist may use the written notice only for the purpose for which it is given.\n(sec.324-ssec.4) To remove any doubt, it is declared that the written notice is not a statement of reasons for the tribunal’s decision.","sortOrder":438},{"sectionNumber":"sec.325","sectionType":"section","heading":"Telling relevant patient about information notice","content":"### sec.325 Telling relevant patient about information notice\n\nThis section applies if an information notice relating to a relevant patient is made.\nThe chief psychiatrist, or another person performing a function under this Act in relation to the relevant patient, must not tell the relevant patient about the making of the notice, or any other matter that may identify the applicant for the information notice.\nHowever, the chief psychiatrist or other person may tell the relevant patient the prescribed information about the information notice if—\nthe applicant for the information notice requests that the prescribed information be given to the relevant patient; and\nthe chief psychiatrist, or an authorised doctor, considers telling the relevant patient the prescribed information is in the patient’s best interests.\nIn this section—\nprescribed information , about an information notice, means—\nthe fact of the making of the notice; or\nthe fact of the making of the notice and the name of the applicant for the information notice.\n(sec.325-ssec.1) This section applies if an information notice relating to a relevant patient is made.\n(sec.325-ssec.2) The chief psychiatrist, or another person performing a function under this Act in relation to the relevant patient, must not tell the relevant patient about the making of the notice, or any other matter that may identify the applicant for the information notice.\n(sec.325-ssec.3) However, the chief psychiatrist or other person may tell the relevant patient the prescribed information about the information notice if— the applicant for the information notice requests that the prescribed information be given to the relevant patient; and the chief psychiatrist, or an authorised doctor, considers telling the relevant patient the prescribed information is in the patient’s best interests.\n(sec.325-ssec.4) In this section— prescribed information , about an information notice, means— the fact of the making of the notice; or the fact of the making of the notice and the name of the applicant for the information notice.\n- (a) the applicant for the information notice requests that the prescribed information be given to the relevant patient; and\n- (b) the chief psychiatrist, or an authorised doctor, considers telling the relevant patient the prescribed information is in the patient’s best interests.\n- (a) the fact of the making of the notice; or\n- (b) the fact of the making of the notice and the name of the applicant for the information notice.","sortOrder":439},{"sectionNumber":"sec.326","sectionType":"section","heading":"Misuse of information made available under an information notice","content":"### sec.326 Misuse of information made available under an information notice\n\nThis section applies in relation to information a person has because it has been made available to a person under an information notice.\nThe person must not publish the information unless the publication is required or permitted under the information notice, or an Act or law.\nMaximum penalty—200 penalty units.\n(sec.326-ssec.1) This section applies in relation to information a person has because it has been made available to a person under an information notice.\n(sec.326-ssec.2) The person must not publish the information unless the publication is required or permitted under the information notice, or an Act or law. Maximum penalty—200 penalty units.","sortOrder":440},{"sectionNumber":"sec.327","sectionType":"section","heading":"Application of part to forensic disability client","content":"### sec.327 Application of part to forensic disability client\n\nThis part applies in relation to a forensic disability client as if—\na reference in the part to a relevant patient were a reference to a forensic disability client; and\na reference in the part to the chief psychiatrist were a reference to the director of forensic disability; and\na reference in the part to an authorised mental health service were a reference to the forensic disability service.\n- (a) a reference in the part to a relevant patient were a reference to a forensic disability client; and\n- (b) a reference in the part to the chief psychiatrist were a reference to the director of forensic disability; and\n- (c) a reference in the part to an authorised mental health service were a reference to the forensic disability service.","sortOrder":441},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":442},{"sectionNumber":"sec.328","sectionType":"section","heading":"Purpose of ch 11","content":"### sec.328 Purpose of ch 11\n\nThe purpose of this chapter is to provide for—\nthe declaration of authorised mental health services; and\nthe appointment, functions and powers of administrators of authorised mental health services, authorised doctors and authorised mental health practitioners; and\nthe transfer of the responsibility for particular patients—\nbetween authorised mental health services; and\nbetween an authorised mental health service and the forensic disability service; and\nbetween an authorised mental health service and an interstate mental health service; and\nSee chapter 12 , part 10 for approvals to transfer forensic and other patients into and out of Queensland.\npowers of authorised persons in relation to transporting persons under this Act; and\nmatters relating to the security of authorised mental health services and other particular services.\n- (a) the declaration of authorised mental health services; and\n- (b) the appointment, functions and powers of administrators of authorised mental health services, authorised doctors and authorised mental health practitioners; and\n- (c) the transfer of the responsibility for particular patients— (i) between authorised mental health services; and (ii) between an authorised mental health service and the forensic disability service; and (iii) between an authorised mental health service and an interstate mental health service; and Note— See chapter 12 , part 10 for approvals to transfer forensic and other patients into and out of Queensland.\n- (i) between authorised mental health services; and\n- (ii) between an authorised mental health service and the forensic disability service; and\n- (iii) between an authorised mental health service and an interstate mental health service; and Note— See chapter 12 , part 10 for approvals to transfer forensic and other patients into and out of Queensland.\n- (d) powers of authorised persons in relation to transporting persons under this Act; and\n- (e) matters relating to the security of authorised mental health services and other particular services.\n- (i) between authorised mental health services; and\n- (ii) between an authorised mental health service and the forensic disability service; and\n- (iii) between an authorised mental health service and an interstate mental health service; and Note— See chapter 12 , part 10 for approvals to transfer forensic and other patients into and out of Queensland.","sortOrder":443},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Declaration of authorised mental health services","content":"# Declaration of authorised mental health services","sortOrder":444},{"sectionNumber":"sec.329","sectionType":"section","heading":"Declaration of authorised mental health service","content":"### sec.329 Declaration of authorised mental health service\n\nThe chief psychiatrist may, by gazette notice, declare a health service, or part of a health service, providing treatment and care to persons who have a mental illness to be an authorised mental health service.\nHowever, if the health service is not a public sector health service, the declaration may be made only with the written agreement of the health service.\nThe declaration may include conditions the chief psychiatrist considers appropriate, including, for example, a condition to facilitate the provision of treatment and care to persons who have a mental illness in rural or remote areas.\n(sec.329-ssec.1) The chief psychiatrist may, by gazette notice, declare a health service, or part of a health service, providing treatment and care to persons who have a mental illness to be an authorised mental health service.\n(sec.329-ssec.2) However, if the health service is not a public sector health service, the declaration may be made only with the written agreement of the health service.\n(sec.329-ssec.3) The declaration may include conditions the chief psychiatrist considers appropriate, including, for example, a condition to facilitate the provision of treatment and care to persons who have a mental illness in rural or remote areas.","sortOrder":445},{"sectionNumber":"sec.330","sectionType":"section","heading":"Declaration of high security unit","content":"### sec.330 Declaration of high security unit\n\nThe chief psychiatrist may, by gazette notice, declare a public sector mental health service, or part of a public sector mental health service, to be a high security unit.","sortOrder":446},{"sectionNumber":"sec.331","sectionType":"section","heading":"Declaration of authorised mental health service (rural and remote)","content":"### sec.331 Declaration of authorised mental health service (rural and remote)\n\nThe chief psychiatrist may, by gazette notice, declare an authorised mental health service, or part of an authorised mental health service, to be an authorised mental health service (rural and remote).\nThe chief psychiatrist may act under subsection (1) only if satisfied the authorised mental health service is in a rural or remote area.\n(sec.331-ssec.1) The chief psychiatrist may, by gazette notice, declare an authorised mental health service, or part of an authorised mental health service, to be an authorised mental health service (rural and remote).\n(sec.331-ssec.2) The chief psychiatrist may act under subsection (1) only if satisfied the authorised mental health service is in a rural or remote area.","sortOrder":447},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Administrators of authorised mental health services","content":"# Administrators of authorised mental health services","sortOrder":448},{"sectionNumber":"sec.332","sectionType":"section","heading":"Appointment","content":"### sec.332 Appointment\n\nThe chief psychiatrist may, by gazette notice, appoint a person to be the administrator of an authorised mental health service.\nThe appointment may identify the administrator by name or by reference to the holder of a stated office.\n(sec.332-ssec.1) The chief psychiatrist may, by gazette notice, appoint a person to be the administrator of an authorised mental health service.\n(sec.332-ssec.2) The appointment may identify the administrator by name or by reference to the holder of a stated office.","sortOrder":449},{"sectionNumber":"sec.333","sectionType":"section","heading":"Functions","content":"### sec.333 Functions\n\nThe administrator of an authorised mental health service has the following functions—\nto the extent practicable, ensuring the operation of the authorised mental health service complies with this Act;\ntaking reasonable steps to ensure patients of the authorised mental health service receive appropriate treatment and care;\nnotifying patients of the authorised mental health service, the chief psychiatrist, the tribunal and others of decisions and other matters as required under this Act;\nappointing authorised doctors and authorised mental health practitioners.\nAlso, the administrator has the other functions given to the administrator under this or another Act.\n(sec.333-ssec.1) The administrator of an authorised mental health service has the following functions— to the extent practicable, ensuring the operation of the authorised mental health service complies with this Act; taking reasonable steps to ensure patients of the authorised mental health service receive appropriate treatment and care; notifying patients of the authorised mental health service, the chief psychiatrist, the tribunal and others of decisions and other matters as required under this Act; appointing authorised doctors and authorised mental health practitioners.\n(sec.333-ssec.2) Also, the administrator has the other functions given to the administrator under this or another Act.\n- (a) to the extent practicable, ensuring the operation of the authorised mental health service complies with this Act;\n- (b) taking reasonable steps to ensure patients of the authorised mental health service receive appropriate treatment and care;\n- (c) notifying patients of the authorised mental health service, the chief psychiatrist, the tribunal and others of decisions and other matters as required under this Act;\n- (d) appointing authorised doctors and authorised mental health practitioners.","sortOrder":450},{"sectionNumber":"sec.334","sectionType":"section","heading":"Powers","content":"### sec.334 Powers\n\nThe administrator of an authorised mental health service has the powers given under this Act.\nAlso, the administrator may do all things necessary or convenient to be done to perform the administrator’s functions.\n(sec.334-ssec.1) The administrator of an authorised mental health service has the powers given under this Act.\n(sec.334-ssec.2) Also, the administrator may do all things necessary or convenient to be done to perform the administrator’s functions.","sortOrder":451},{"sectionNumber":"sec.335","sectionType":"section","heading":"Register of authorised doctors and authorised mental health practitioners","content":"### sec.335 Register of authorised doctors and authorised mental health practitioners\n\nThe administrator of an authorised mental health service must keep a register of persons holding office as an authorised doctor, authorised mental health practitioner, or health practitioner appointed under section 341 to perform particular functions, appointed by the administrator.","sortOrder":452},{"sectionNumber":"sec.336","sectionType":"section","heading":"Record of relevant patients","content":"### sec.336 Record of relevant patients\n\nThe administrator of an authorised mental health service must keep a record of each relevant patient of the service.\nWithout limiting subsection (1) , the record must contain the following information—\nthe day the person becomes a relevant patient of the authorised mental health service;\nthe day the person stops being a relevant patient;\ndetails of the basis on which the person is a relevant patient;\ndetails of any change to the basis on which the person is a relevant patient and the day the change happens;\nthe category of a treatment authority, forensic order or treatment support order for the relevant patient and details of any limited community treatment;\nthe conditions of a treatment authority, forensic order or treatment support order for the relevant patient;\ndetails of temporary absences approved under section 221 for the relevant patient and the reason for the absences.\nIn this section—\nrelevant patient means an involuntary patient or classified patient (voluntary).\n(sec.336-ssec.1) The administrator of an authorised mental health service must keep a record of each relevant patient of the service.\n(sec.336-ssec.2) Without limiting subsection (1) , the record must contain the following information— the day the person becomes a relevant patient of the authorised mental health service; the day the person stops being a relevant patient; details of the basis on which the person is a relevant patient; details of any change to the basis on which the person is a relevant patient and the day the change happens; the category of a treatment authority, forensic order or treatment support order for the relevant patient and details of any limited community treatment; the conditions of a treatment authority, forensic order or treatment support order for the relevant patient; details of temporary absences approved under section 221 for the relevant patient and the reason for the absences.\n(sec.336-ssec.3) In this section— relevant patient means an involuntary patient or classified patient (voluntary).\n- (a) the day the person becomes a relevant patient of the authorised mental health service;\n- (b) the day the person stops being a relevant patient;\n- (c) details of the basis on which the person is a relevant patient;\n- (d) details of any change to the basis on which the person is a relevant patient and the day the change happens;\n- (e) the category of a treatment authority, forensic order or treatment support order for the relevant patient and details of any limited community treatment;\n- (f) the conditions of a treatment authority, forensic order or treatment support order for the relevant patient;\n- (g) details of temporary absences approved under section 221 for the relevant patient and the reason for the absences.","sortOrder":453},{"sectionNumber":"sec.337","sectionType":"section","heading":"Delegation","content":"### sec.337 Delegation\n\nThe administrator of an authorised mental health service may delegate the administrator’s functions under this Act to an appropriately qualified employee of the service.\nIn this section—\nfunction includes a power.\ns 337 amd 2017 No. 3 s 26\n(sec.337-ssec.1) The administrator of an authorised mental health service may delegate the administrator’s functions under this Act to an appropriately qualified employee of the service.\n(sec.337-ssec.2) In this section— function includes a power.","sortOrder":454},{"sectionNumber":"ch.11-pt.4","sectionType":"part","heading":"Authorised doctors and authorised mental health practitioners","content":"# Authorised doctors and authorised mental health practitioners","sortOrder":455},{"sectionNumber":"ch.11-pt.4-div.1","sectionType":"division","heading":"Appointment, functions and powers","content":"## Appointment, functions and powers","sortOrder":456},{"sectionNumber":"sec.338","sectionType":"section","heading":"Appointment of authorised doctor","content":"### sec.338 Appointment of authorised doctor\n\nThe administrator of an authorised mental health service may, by instrument in writing, appoint a doctor as an authorised doctor.\nHowever, the administrator may appoint a person under subsection (1) only if satisfied the person has the competencies, stated in a policy, necessary to be an authorised doctor.\n(sec.338-ssec.1) The administrator of an authorised mental health service may, by instrument in writing, appoint a doctor as an authorised doctor.\n(sec.338-ssec.2) However, the administrator may appoint a person under subsection (1) only if satisfied the person has the competencies, stated in a policy, necessary to be an authorised doctor.","sortOrder":457},{"sectionNumber":"sec.339","sectionType":"section","heading":"When administrator is authorised doctor","content":"### sec.339 When administrator is authorised doctor\n\nIf the administrator of an authorised mental health service is a psychiatrist, the administrator is an authorised doctor.","sortOrder":458},{"sectionNumber":"sec.340","sectionType":"section","heading":"Appointment of authorised mental health practitioner","content":"### sec.340 Appointment of authorised mental health practitioner\n\nThe administrator of an authorised mental health service may, by instrument in writing, appoint a health practitioner as an authorised mental health practitioner.\nHowever, the administrator may appoint a person under subsection (1) only if satisfied the person has the competencies, stated in a policy, necessary to be an authorised mental health practitioner.\n(sec.340-ssec.1) The administrator of an authorised mental health service may, by instrument in writing, appoint a health practitioner as an authorised mental health practitioner.\n(sec.340-ssec.2) However, the administrator may appoint a person under subsection (1) only if satisfied the person has the competencies, stated in a policy, necessary to be an authorised mental health practitioner.","sortOrder":459},{"sectionNumber":"sec.341","sectionType":"section","heading":"Appointment of health practitioner to perform particular functions of authorised doctor","content":"### sec.341 Appointment of health practitioner to perform particular functions of authorised doctor\n\nThe administrator of an authorised mental health service may appoint a health practitioner of a class prescribed by regulation to perform the functions or exercise the powers of an authorised doctor that are prescribed by regulation for the class of health practitioner.\nHowever, the administrator may appoint a person under subsection (1) only if satisfied the person is appropriately qualified.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must be of the opinion that the class of health practitioner proposed to be prescribed has the competencies the chief psychiatrist considers necessary to perform the functions or exercise the powers of an authorised doctor proposed to be prescribed for the class.\nIn this section—\nhealth practitioner means a health practitioner other than a doctor.\n(sec.341-ssec.1) The administrator of an authorised mental health service may appoint a health practitioner of a class prescribed by regulation to perform the functions or exercise the powers of an authorised doctor that are prescribed by regulation for the class of health practitioner.\n(sec.341-ssec.2) However, the administrator may appoint a person under subsection (1) only if satisfied the person is appropriately qualified.\n(sec.341-ssec.3) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must be of the opinion that the class of health practitioner proposed to be prescribed has the competencies the chief psychiatrist considers necessary to perform the functions or exercise the powers of an authorised doctor proposed to be prescribed for the class.\n(sec.341-ssec.4) In this section— health practitioner means a health practitioner other than a doctor.","sortOrder":460},{"sectionNumber":"sec.342","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.342 Appointment conditions and limit on powers\n\nThis section applies to each of the following—\nan authorised doctor appointed under section 338 ;\nan authorised mental health practitioner appointed under section 340 ;\na health practitioner appointed under section 341 to perform particular functions.\nThe person holds office—\non any conditions stated in—\nthe person’s instrument of appointment; or\na signed notice given to the person; and\nfor an authorised doctor or authorised mental health practitioner—on the condition that the doctor or authorised mental health practitioner continues to have the competencies, stated in a policy, necessary to be an authorised doctor or authorised mental health practitioner.\nThe instrument of appointment or signed notice given to the person may limit the person’s powers.\nIn this section—\nsigned notice , given to a person, means a notice signed by the administrator of the authorised mental health service who appointed the person.\n(sec.342-ssec.1) This section applies to each of the following— an authorised doctor appointed under section 338 ; an authorised mental health practitioner appointed under section 340 ; a health practitioner appointed under section 341 to perform particular functions.\n(sec.342-ssec.2) The person holds office— on any conditions stated in— the person’s instrument of appointment; or a signed notice given to the person; and for an authorised doctor or authorised mental health practitioner—on the condition that the doctor or authorised mental health practitioner continues to have the competencies, stated in a policy, necessary to be an authorised doctor or authorised mental health practitioner.\n(sec.342-ssec.3) The instrument of appointment or signed notice given to the person may limit the person’s powers.\n(sec.342-ssec.4) In this section— signed notice , given to a person, means a notice signed by the administrator of the authorised mental health service who appointed the person.\n- (a) an authorised doctor appointed under section 338 ;\n- (b) an authorised mental health practitioner appointed under section 340 ;\n- (c) a health practitioner appointed under section 341 to perform particular functions.\n- (a) on any conditions stated in— (i) the person’s instrument of appointment; or (ii) a signed notice given to the person; and\n- (i) the person’s instrument of appointment; or\n- (ii) a signed notice given to the person; and\n- (b) for an authorised doctor or authorised mental health practitioner—on the condition that the doctor or authorised mental health practitioner continues to have the competencies, stated in a policy, necessary to be an authorised doctor or authorised mental health practitioner.\n- (i) the person’s instrument of appointment; or\n- (ii) a signed notice given to the person; and","sortOrder":461},{"sectionNumber":"sec.343","sectionType":"section","heading":"When office ends","content":"### sec.343 When office ends\n\nThis section applies to each of the following—\nan authorised doctor appointed under section 338 ;\nan authorised mental health practitioner appointed under section 340 ;\na health practitioner appointed under section 341 to perform particular functions.\nThe office of the person under the appointment ends if any of the following happens—\nfor an authorised doctor appointed under section 338 —the authorised doctor stops being a doctor;\nfor an authorised mental health practitioner appointed under section 340 —the authorised mental health practitioner stops being a health practitioner of the type that was the basis for the person’s appointment;\nfor a health practitioner appointed under section 341 to perform particular functions—the health practitioner stops being a health practitioner of the class prescribed by regulation that was the basis for the person’s appointment;\nthe term of office stated in a condition of office ends;\nthe office ends under another condition of office;\nthe chief psychiatrist—\nis satisfied the person is unable to perform the functions of the office, including, for example, because the person does not have the competencies, stated in a policy, necessary for the office; and\ngives written notice to the person stating the person stops holding office on a date stated in the notice;\nthe person resigns by written notice given to the administrator of the authorised mental health service who appointed the person.\nSubsection (2) does not limit the ways in which the person may stop holding office.\nIn this section—\ncondition of office means a condition under which a person mentioned in subsection (1) holds office.\n(sec.343-ssec.1) This section applies to each of the following— an authorised doctor appointed under section 338 ; an authorised mental health practitioner appointed under section 340 ; a health practitioner appointed under section 341 to perform particular functions.\n(sec.343-ssec.2) The office of the person under the appointment ends if any of the following happens— for an authorised doctor appointed under section 338 —the authorised doctor stops being a doctor; for an authorised mental health practitioner appointed under section 340 —the authorised mental health practitioner stops being a health practitioner of the type that was the basis for the person’s appointment; for a health practitioner appointed under section 341 to perform particular functions—the health practitioner stops being a health practitioner of the class prescribed by regulation that was the basis for the person’s appointment; the term of office stated in a condition of office ends; the office ends under another condition of office; the chief psychiatrist— is satisfied the person is unable to perform the functions of the office, including, for example, because the person does not have the competencies, stated in a policy, necessary for the office; and gives written notice to the person stating the person stops holding office on a date stated in the notice; the person resigns by written notice given to the administrator of the authorised mental health service who appointed the person.\n(sec.343-ssec.3) Subsection (2) does not limit the ways in which the person may stop holding office.\n(sec.343-ssec.4) In this section— condition of office means a condition under which a person mentioned in subsection (1) holds office.\n- (a) an authorised doctor appointed under section 338 ;\n- (b) an authorised mental health practitioner appointed under section 340 ;\n- (c) a health practitioner appointed under section 341 to perform particular functions.\n- (a) for an authorised doctor appointed under section 338 —the authorised doctor stops being a doctor;\n- (b) for an authorised mental health practitioner appointed under section 340 —the authorised mental health practitioner stops being a health practitioner of the type that was the basis for the person’s appointment;\n- (c) for a health practitioner appointed under section 341 to perform particular functions—the health practitioner stops being a health practitioner of the class prescribed by regulation that was the basis for the person’s appointment;\n- (d) the term of office stated in a condition of office ends;\n- (e) the office ends under another condition of office;\n- (f) the chief psychiatrist— (i) is satisfied the person is unable to perform the functions of the office, including, for example, because the person does not have the competencies, stated in a policy, necessary for the office; and (ii) gives written notice to the person stating the person stops holding office on a date stated in the notice;\n- (i) is satisfied the person is unable to perform the functions of the office, including, for example, because the person does not have the competencies, stated in a policy, necessary for the office; and\n- (ii) gives written notice to the person stating the person stops holding office on a date stated in the notice;\n- (g) the person resigns by written notice given to the administrator of the authorised mental health service who appointed the person.\n- (i) is satisfied the person is unable to perform the functions of the office, including, for example, because the person does not have the competencies, stated in a policy, necessary for the office; and\n- (ii) gives written notice to the person stating the person stops holding office on a date stated in the notice;","sortOrder":462},{"sectionNumber":"sec.344","sectionType":"section","heading":"Functions and powers","content":"### sec.344 Functions and powers\n\nSubject to section 342 , an authorised doctor, authorised mental health practitioner, or health practitioner appointed under section 341 to perform particular functions, has the functions and powers given under this Act.","sortOrder":463},{"sectionNumber":"sec.345","sectionType":"section","heading":"Requirement to give notice of particular decisions","content":"### sec.345 Requirement to give notice of particular decisions\n\nThis section applies if an authorised doctor, authorised mental health practitioner, or health practitioner appointed under section 341 to perform particular functions (each a decision-maker ) makes a decision under this Act in relation to an involuntary patient or classified patient (voluntary).\nThe decision-maker must give written notice of the decision to the administrator of the patient’s treating health service.\n(sec.345-ssec.1) This section applies if an authorised doctor, authorised mental health practitioner, or health practitioner appointed under section 341 to perform particular functions (each a decision-maker ) makes a decision under this Act in relation to an involuntary patient or classified patient (voluntary).\n(sec.345-ssec.2) The decision-maker must give written notice of the decision to the administrator of the patient’s treating health service.","sortOrder":464},{"sectionNumber":"ch.11-pt.4-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":465},{"sectionNumber":"sec.346","sectionType":"section","heading":"Issue of identity card","content":"### sec.346 Issue of identity card\n\nThe administrator of an authorised mental health service must issue an identity card to each of the following persons appointed by the administrator—\nan authorised doctor;\nan authorised mental health practitioner;\na health practitioner appointed under section 341 to perform particular functions.\nThe identity card must—\ncontain a recent photo of the person; and\nidentify the person as an authorised doctor, authorised mental health practitioner, or health practitioner appointed to perform particular functions, under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.346-ssec.1) The administrator of an authorised mental health service must issue an identity card to each of the following persons appointed by the administrator— an authorised doctor; an authorised mental health practitioner; a health practitioner appointed under section 341 to perform particular functions.\n(sec.346-ssec.2) The identity card must— contain a recent photo of the person; and identify the person as an authorised doctor, authorised mental health practitioner, or health practitioner appointed to perform particular functions, under this Act; and state an expiry date for the card.\n(sec.346-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) an authorised doctor;\n- (b) an authorised mental health practitioner;\n- (c) a health practitioner appointed under section 341 to perform particular functions.\n- (a) contain a recent photo of the person; and\n- (b) identify the person as an authorised doctor, authorised mental health practitioner, or health practitioner appointed to perform particular functions, under this Act; and\n- (c) state an expiry date for the card.","sortOrder":466},{"sectionNumber":"sec.347","sectionType":"section","heading":"Production or display of identity card","content":"### sec.347 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised doctor, authorised mental health practitioner, or health practitioner appointed under section 341 to perform particular functions (each a practitioner ), must—\nproduce the practitioner’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the practitioner must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.347-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised doctor, authorised mental health practitioner, or health practitioner appointed under section 341 to perform particular functions (each a practitioner ), must— produce the practitioner’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.347-ssec.2) However, if it is not practicable to comply with subsection (1) , the practitioner must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the practitioner’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":467},{"sectionNumber":"sec.348","sectionType":"section","heading":"Return of identity card","content":"### sec.348 Return of identity card\n\nIf the office of a person mentioned in section 346 (1) ends, the person must return the person’s identity card to the administrator of the authorised mental health service who appointed the person within 21 days after the office ends, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":468},{"sectionNumber":"ch.11-pt.5","sectionType":"part","heading":"Transfer of patients","content":"# Transfer of patients","sortOrder":469},{"sectionNumber":"ch.11-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":470},{"sectionNumber":"sec.349","sectionType":"section","heading":"Purpose of pt 5","content":"### sec.349 Purpose of pt 5\n\nThe purpose of this part is to provide for the transfer of the responsibility for particular patients—\nbetween authorised mental health services; and\nbetween an authorised mental health service and the forensic disability service; and\nbetween an authorised mental health service and an interstate mental health service.\nSee chapter 12 , part 10 for approvals to transfer forensic and other patients into and out of Queensland.\n- (a) between authorised mental health services; and\n- (b) between an authorised mental health service and the forensic disability service; and\n- (c) between an authorised mental health service and an interstate mental health service. Note— See chapter 12 , part 10 for approvals to transfer forensic and other patients into and out of Queensland.","sortOrder":471},{"sectionNumber":"sec.350","sectionType":"section","heading":"Definition for pt 5","content":"### sec.350 Definition for pt 5\n\nIn this part—\ntransfer considerations , for a person, means—\nthe person’s mental state and psychiatric history; and\nthe person’s treatment and care needs; and\nif relevant, security requirements for the person; and\nwithout limiting paragraphs (a) to (c) , whether the transfer is appropriate in the circumstances.\nto allow the person to be in closer proximity to their family, carers or other support persons\ns 350 def transfer considerations amd 2022 No. 1 s 70\n- (a) the person’s mental state and psychiatric history; and\n- (b) the person’s treatment and care needs; and\n- (c) if relevant, security requirements for the person; and\n- (d) without limiting paragraphs (a) to (c) , whether the transfer is appropriate in the circumstances. Example of when a transfer under this part may be appropriate— to allow the person to be in closer proximity to their family, carers or other support persons","sortOrder":472},{"sectionNumber":"ch.11-pt.5-div.2","sectionType":"division","heading":"Authorised mental health service transfers","content":"## Authorised mental health service transfers","sortOrder":473},{"sectionNumber":"sec.351","sectionType":"section","heading":"Transfer between services by agreement of administrators","content":"### sec.351 Transfer between services by agreement of administrators\n\nThis section applies to a person who is an involuntary patient, or a classified patient (voluntary), of an authorised mental health service.\nThe administrator of the authorised mental health service (the first AMHS ) may agree with the administrator of another authorised mental health service (the second AMHS ) to transfer the responsibility for the person from the first AMHS to the second AMHS.\nIn deciding whether to agree to a transfer under subsection (2) , the administrator of the first AMHS and the administrator of the second AMHS must have regard to—\nthe transfer considerations for the person; and\nto the greatest extent practicable, the views, wishes and preferences of the person.\nIf any of the following circumstances apply, the transfer must not happen unless the chief psychiatrist has approved the transfer in writing—\nthe person is subject to a forensic order;\nthe person is subject to a judicial order;\nthe person is subject to a treatment authority but is not a classified patient, and the transfer is to a high security unit;\nthe person is a minor, and the transfer is to a high security unit.\nIn deciding whether to approve a transfer under subsection (4) , the chief psychiatrist must have regard to—\nthe transfer considerations for the person; and\nto the greatest extent practicable, the views, wishes and preferences of the person.\nIf a person transferred under this section is a classified patient and the chief psychiatrist is not required to approve the transfer under subsection (4) , the administrator of the first AMHS must give written notice of the transfer to the chief psychiatrist within 7 days after the transfer.\ns 351 amd 2022 No. 1 s 71\n(sec.351-ssec.1) This section applies to a person who is an involuntary patient, or a classified patient (voluntary), of an authorised mental health service.\n(sec.351-ssec.2) The administrator of the authorised mental health service (the first AMHS ) may agree with the administrator of another authorised mental health service (the second AMHS ) to transfer the responsibility for the person from the first AMHS to the second AMHS.\n(sec.351-ssec.3) In deciding whether to agree to a transfer under subsection (2) , the administrator of the first AMHS and the administrator of the second AMHS must have regard to— the transfer considerations for the person; and to the greatest extent practicable, the views, wishes and preferences of the person.\n(sec.351-ssec.4) If any of the following circumstances apply, the transfer must not happen unless the chief psychiatrist has approved the transfer in writing— the person is subject to a forensic order; the person is subject to a judicial order; the person is subject to a treatment authority but is not a classified patient, and the transfer is to a high security unit; the person is a minor, and the transfer is to a high security unit.\n(sec.351-ssec.5) In deciding whether to approve a transfer under subsection (4) , the chief psychiatrist must have regard to— the transfer considerations for the person; and to the greatest extent practicable, the views, wishes and preferences of the person.\n(sec.351-ssec.6) If a person transferred under this section is a classified patient and the chief psychiatrist is not required to approve the transfer under subsection (4) , the administrator of the first AMHS must give written notice of the transfer to the chief psychiatrist within 7 days after the transfer.\n- (a) the transfer considerations for the person; and\n- (b) to the greatest extent practicable, the views, wishes and preferences of the person.\n- (a) the person is subject to a forensic order;\n- (b) the person is subject to a judicial order;\n- (c) the person is subject to a treatment authority but is not a classified patient, and the transfer is to a high security unit;\n- (d) the person is a minor, and the transfer is to a high security unit.\n- (a) the transfer considerations for the person; and\n- (b) to the greatest extent practicable, the views, wishes and preferences of the person.","sortOrder":474},{"sectionNumber":"sec.352","sectionType":"section","heading":"Transfer between services by requirement of chief psychiatrist","content":"### sec.352 Transfer between services by requirement of chief psychiatrist\n\nThis section applies to a person who is an involuntary patient, or a classified patient (voluntary), of an authorised mental health service.\nThe chief psychiatrist may, by written notice, require the administrator of the authorised mental health service to transfer the responsibility for the person from the authorised mental health service to another authorised mental health service.\nIn deciding whether to require a transfer under this section, the chief psychiatrist must have regard to—\nthe transfer considerations for the person; and\nto the greatest extent practicable, the views, wishes and preferences of the person.\ns 352 amd 2022 No. 1 s 72\n(sec.352-ssec.1) This section applies to a person who is an involuntary patient, or a classified patient (voluntary), of an authorised mental health service.\n(sec.352-ssec.2) The chief psychiatrist may, by written notice, require the administrator of the authorised mental health service to transfer the responsibility for the person from the authorised mental health service to another authorised mental health service.\n(sec.352-ssec.3) In deciding whether to require a transfer under this section, the chief psychiatrist must have regard to— the transfer considerations for the person; and to the greatest extent practicable, the views, wishes and preferences of the person.\n- (a) the transfer considerations for the person; and\n- (b) to the greatest extent practicable, the views, wishes and preferences of the person.","sortOrder":475},{"sectionNumber":"ch.11-pt.5-div.3","sectionType":"division","heading":"Forensic disability service transfers","content":"## Forensic disability service transfers","sortOrder":476},{"sectionNumber":"sec.353","sectionType":"section","heading":"Transfer between authorised mental health service and forensic disability service","content":"### sec.353 Transfer between authorised mental health service and forensic disability service\n\nThis section applies to a person subject to a forensic order (disability).\nThe chief psychiatrist and the director of forensic disability may agree to transfer the responsibility for the person from an authorised mental health service to the forensic disability service, or vice versa.\nIn deciding whether to agree to a transfer under subsection (2) , the chief psychiatrist and the director of forensic disability must have regard to—\nthe transfer considerations for the person; and\nthe person’s intellectual disability; and\nto the greatest extent practicable, the views, wishes and preferences of the person.\ns 353 amd 2022 No. 1 s 73\n(sec.353-ssec.1) This section applies to a person subject to a forensic order (disability).\n(sec.353-ssec.2) The chief psychiatrist and the director of forensic disability may agree to transfer the responsibility for the person from an authorised mental health service to the forensic disability service, or vice versa.\n(sec.353-ssec.3) In deciding whether to agree to a transfer under subsection (2) , the chief psychiatrist and the director of forensic disability must have regard to— the transfer considerations for the person; and the person’s intellectual disability; and to the greatest extent practicable, the views, wishes and preferences of the person.\n- (a) the transfer considerations for the person; and\n- (b) the person’s intellectual disability; and\n- (c) to the greatest extent practicable, the views, wishes and preferences of the person.","sortOrder":477},{"sectionNumber":"ch.11-pt.5-div.4","sectionType":"division","heading":"Interstate transfers","content":"## Interstate transfers","sortOrder":478},{"sectionNumber":"sec.354","sectionType":"section","heading":"Transfer of person subject to treatment authority to another State","content":"### sec.354 Transfer of person subject to treatment authority to another State\n\nThis section applies to a person subject to a treatment authority who—\nis a patient of an authorised mental health service (the AMHS ); and\nis not a classified patient or a person subject to a forensic order (disability).\nThe administrator of the AMHS may agree with a responsible officer of an interstate mental health service to transfer the responsibility for the person from the AMHS to the interstate mental health service if the administrator is satisfied—\nappropriate treatment and care is available for the person at the interstate mental health service; and\nthe transfer is otherwise appropriate in the circumstances.\nto allow the person to be in closer proximity to their family, carers or other support persons\nIn deciding whether the transfer is appropriate in the circumstances under subsection (2) (b) , the administrator must, to the greatest extent practicable, have regard to the views, wishes and preferences of the person.\nThe person’s treatment authority ends when the person leaves Queensland.\ns 354 amd 2022 No. 1 s 74\n(sec.354-ssec.1) This section applies to a person subject to a treatment authority who— is a patient of an authorised mental health service (the AMHS ); and is not a classified patient or a person subject to a forensic order (disability).\n(sec.354-ssec.2) The administrator of the AMHS may agree with a responsible officer of an interstate mental health service to transfer the responsibility for the person from the AMHS to the interstate mental health service if the administrator is satisfied— appropriate treatment and care is available for the person at the interstate mental health service; and the transfer is otherwise appropriate in the circumstances. to allow the person to be in closer proximity to their family, carers or other support persons\n(sec.354-ssec.3) In deciding whether the transfer is appropriate in the circumstances under subsection (2) (b) , the administrator must, to the greatest extent practicable, have regard to the views, wishes and preferences of the person.\n(sec.354-ssec.4) The person’s treatment authority ends when the person leaves Queensland.\n- (a) is a patient of an authorised mental health service (the AMHS ); and\n- (b) is not a classified patient or a person subject to a forensic order (disability).\n- (a) appropriate treatment and care is available for the person at the interstate mental health service; and\n- (b) the transfer is otherwise appropriate in the circumstances. Example of when a transfer under this section may be appropriate— to allow the person to be in closer proximity to their family, carers or other support persons","sortOrder":479},{"sectionNumber":"sec.355","sectionType":"section","heading":"Transfer of person subject to interstate order from another State","content":"### sec.355 Transfer of person subject to interstate order from another State\n\nThis section applies to a person subject to an interstate order who is a patient of an interstate mental health service.\nThe administrator of an authorised mental health service (the AMHS ) may agree with a responsible officer of the interstate mental health service to transfer the responsibility for the person from the interstate mental health service to the AMHS if the administrator of the AMHS is satisfied—\nappropriate treatment and care is available for the person at the AMHS; and\nan authorised doctor is likely to consider, on the person’s admission to the AMHS, that—\nthe treatment criteria apply to the person; and\nthere is no less restrictive way for the person to receive treatment and care for the person’s mental illness; and\nthe transfer is otherwise appropriate in the circumstances.\nto allow the person to be in closer proximity to their family, carers or other support persons\nIn deciding whether the transfer is appropriate in the circumstances under subsection (2) (c) , the administrator must, to the greatest extent practicable, have regard to the views, wishes and preferences of the person.\nOn the person’s arrival at the AMHS, an authorised doctor must make an assessment of the person to decide—\nwhether the treatment criteria apply to the person; and\nwhether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\nThe person may be detained for assessment in the AMHS for a period of not more than 6 hours starting when the person arrives at the AMHS.\nIf, on making the assessment, the authorised doctor is satisfied the treatment criteria apply to the person and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness, the authorised doctor may decide to make an authority for the person.\nThe authority is taken to be a treatment authority made under section 49 by the authorised doctor for the person.\nIn this section—\ninterstate order means an order, however described, made under a corresponding law that provides for similar matters to a treatment authority.\ns 355 amd 2017 No. 3 s 27 ; 2022 No. 1 s 75\n(sec.355-ssec.1) This section applies to a person subject to an interstate order who is a patient of an interstate mental health service.\n(sec.355-ssec.2) The administrator of an authorised mental health service (the AMHS ) may agree with a responsible officer of the interstate mental health service to transfer the responsibility for the person from the interstate mental health service to the AMHS if the administrator of the AMHS is satisfied— appropriate treatment and care is available for the person at the AMHS; and an authorised doctor is likely to consider, on the person’s admission to the AMHS, that— the treatment criteria apply to the person; and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness; and the transfer is otherwise appropriate in the circumstances. to allow the person to be in closer proximity to their family, carers or other support persons\n(sec.355-ssec.3) In deciding whether the transfer is appropriate in the circumstances under subsection (2) (c) , the administrator must, to the greatest extent practicable, have regard to the views, wishes and preferences of the person.\n(sec.355-ssec.4) On the person’s arrival at the AMHS, an authorised doctor must make an assessment of the person to decide— whether the treatment criteria apply to the person; and whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.355-ssec.5) The person may be detained for assessment in the AMHS for a period of not more than 6 hours starting when the person arrives at the AMHS.\n(sec.355-ssec.6) If, on making the assessment, the authorised doctor is satisfied the treatment criteria apply to the person and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness, the authorised doctor may decide to make an authority for the person.\n(sec.355-ssec.7) The authority is taken to be a treatment authority made under section 49 by the authorised doctor for the person.\n(sec.355-ssec.8) In this section— interstate order means an order, however described, made under a corresponding law that provides for similar matters to a treatment authority.\n- (a) appropriate treatment and care is available for the person at the AMHS; and\n- (b) an authorised doctor is likely to consider, on the person’s admission to the AMHS, that— (i) the treatment criteria apply to the person; and (ii) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness; and\n- (i) the treatment criteria apply to the person; and\n- (ii) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness; and\n- (c) the transfer is otherwise appropriate in the circumstances. Example of when a transfer under this section may be appropriate— to allow the person to be in closer proximity to their family, carers or other support persons\n- (i) the treatment criteria apply to the person; and\n- (ii) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness; and\n- (a) whether the treatment criteria apply to the person; and\n- (b) whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":480},{"sectionNumber":"ch.11-pt.5-div.5","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":481},{"sectionNumber":"sec.356","sectionType":"section","heading":"Responsibility for person","content":"### sec.356 Responsibility for person\n\nIf the responsibility for a person is transferred, under division 2 or 3 , from a service to another service, the responsibility for the person’s treatment and care under the person’s order or authority is transferred from the administrator of the first service to the administrator of the second service.\nAn order or authority to which the person is subject, under this Act or the Forensic Disability Act , is otherwise affected by the transfer only to the extent this Act or the Forensic Disability Act expressly provides.\nIn this section—\nservice means an authorised mental health service or the forensic disability service.\n(sec.356-ssec.1) If the responsibility for a person is transferred, under division 2 or 3 , from a service to another service, the responsibility for the person’s treatment and care under the person’s order or authority is transferred from the administrator of the first service to the administrator of the second service.\n(sec.356-ssec.2) An order or authority to which the person is subject, under this Act or the Forensic Disability Act , is otherwise affected by the transfer only to the extent this Act or the Forensic Disability Act expressly provides.\n(sec.356-ssec.3) In this section— service means an authorised mental health service or the forensic disability service.","sortOrder":482},{"sectionNumber":"sec.357","sectionType":"section","heading":"Power to transport","content":"### sec.357 Power to transport\n\nThis section applies if the responsibility for a person is transferred, under this part, from an entity to another entity.\nAn authorised person may transport the person from the first entity to the second entity.\nIf 1 of the entities is the forensic disability service, a person who is authorised under the Forensic Disability Act to transport a forensic disability client under that Act may transport the person to or from the entity.\nIf 1 of the entities is an interstate mental health service, a person who is authorised under a corresponding law to transport a person may transport the person to or from the entity.\n(sec.357-ssec.1) This section applies if the responsibility for a person is transferred, under this part, from an entity to another entity.\n(sec.357-ssec.2) An authorised person may transport the person from the first entity to the second entity.\n(sec.357-ssec.3) If 1 of the entities is the forensic disability service, a person who is authorised under the Forensic Disability Act to transport a forensic disability client under that Act may transport the person to or from the entity.\n(sec.357-ssec.4) If 1 of the entities is an interstate mental health service, a person who is authorised under a corresponding law to transport a person may transport the person to or from the entity.","sortOrder":483},{"sectionNumber":"sec.358","sectionType":"section","heading":"Notice to tribunal","content":"### sec.358 Notice to tribunal\n\nThis section applies if the responsibility for a person is transferred from an authorised mental health service, or the forensic disability service, to another entity.\nThe administrator of the authorised mental health service or forensic disability service must give written notice of the transfer to the tribunal within 7 days after the day of the transfer.\nSubsection (2) does not apply if the person is subject only to a recommendation for assessment.\ns 358 amd 2017 No. 3 s 28\n(sec.358-ssec.1) This section applies if the responsibility for a person is transferred from an authorised mental health service, or the forensic disability service, to another entity.\n(sec.358-ssec.2) The administrator of the authorised mental health service or forensic disability service must give written notice of the transfer to the tribunal within 7 days after the day of the transfer.\n(sec.358-ssec.3) Subsection (2) does not apply if the person is subject only to a recommendation for assessment. s 358 amd 2017 No. 3 s 28","sortOrder":484},{"sectionNumber":"ch.11-pt.6","sectionType":"part","heading":"Transport of persons","content":"# Transport of persons","sortOrder":485},{"sectionNumber":"ch.11-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":486},{"sectionNumber":"sec.359","sectionType":"section","heading":"Who is an authorised person","content":"### sec.359 Who is an authorised person\n\nEach of the following is an authorised person —\nthe administrator of an authorised mental health service;\nan ambulance officer;\na health practitioner;\na police officer.\nAlso, if a person is to be transported to or from a corrective services facility, a youth detention centre or a court, each of the following is an authorised person —\na corrective services officer for the purpose of taking the person to or from the facility or court;\na youth detention employee for the purpose of taking the person to or from the centre or court.\nAlso, the administrator of an authorised mental health service may in writing appoint an employee of the authorised mental health service as an authorised person .\nAn authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 .\nIn this section—\ncorrective services facility see the Corrective Services Act 2006 , schedule 4 .\ncorrective services officer see the Corrective Services Act 2006 , schedule 4 .\nyouth detention centre means a detention centre under the Youth Justice Act 1992 .\nyouth detention employee means a detention centre employee under the Youth Justice Act 1992 .\ns 359 amd 2017 No. 3 s 29 ; 2023 No. 14 s 52 sch 1\n(sec.359-ssec.1) Each of the following is an authorised person — the administrator of an authorised mental health service; an ambulance officer; a health practitioner; a police officer.\n(sec.359-ssec.2) Also, if a person is to be transported to or from a corrective services facility, a youth detention centre or a court, each of the following is an authorised person — a corrective services officer for the purpose of taking the person to or from the facility or court; a youth detention employee for the purpose of taking the person to or from the centre or court.\n(sec.359-ssec.3) Also, the administrator of an authorised mental health service may in writing appoint an employee of the authorised mental health service as an authorised person .\n(sec.359-ssec.4) An authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 .\n(sec.359-ssec.5) In this section— corrective services facility see the Corrective Services Act 2006 , schedule 4 . corrective services officer see the Corrective Services Act 2006 , schedule 4 . youth detention centre means a detention centre under the Youth Justice Act 1992 . youth detention employee means a detention centre employee under the Youth Justice Act 1992 .\n- (a) the administrator of an authorised mental health service;\n- (b) an ambulance officer;\n- (c) a health practitioner;\n- (d) a police officer.\n- (a) a corrective services officer for the purpose of taking the person to or from the facility or court;\n- (b) a youth detention employee for the purpose of taking the person to or from the centre or court.","sortOrder":487},{"sectionNumber":"ch.11-pt.6-div.2","sectionType":"division","heading":"Transport of persons within and to and from authorised mental health services and other particular places","content":"## Transport of persons within and to and from authorised mental health services and other particular places","sortOrder":488},{"sectionNumber":"sec.360","sectionType":"section","heading":"Transport within authorised mental health service","content":"### sec.360 Transport within authorised mental health service\n\nThe administrator of an authorised mental health service, a health practitioner, or another person approved by the administrator or health practitioner, may transport an involuntary patient or classified patient (voluntary) from 1 place in the authorised mental health service to another place in the authorised mental health service.\na patient may be transported to a different inpatient unit within the service\na patient may be transported to another place in the service for an examination or diagnostic test\ns 360 amd 2017 No. 3 s 30\n- • a patient may be transported to a different inpatient unit within the service\n- • a patient may be transported to another place in the service for an examination or diagnostic test","sortOrder":489},{"sectionNumber":"sec.361","sectionType":"section","heading":"Transport to or from authorised mental health service and other particular places","content":"### sec.361 Transport to or from authorised mental health service and other particular places\n\nAn authorised person may transport an involuntary patient or classified patient (voluntary) to or from an authorised mental health service, public sector health service facility, place of custody, court or a place in the community for the purposes of this Act.","sortOrder":490},{"sectionNumber":"sec.362","sectionType":"section","heading":"Taking person after treatment and care to person’s requested place","content":"### sec.362 Taking person after treatment and care to person’s requested place\n\nThis section applies if—\na person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an examination authority or recommendation for assessment; or\na person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an emergency examination authority and a recommendation for assessment is made for the person.\nAt the end of the person’s detention in an authorised mental health service, or public sector health service facility, including under a recommendation for assessment or treatment authority made for the person after the examination or assessment of the person, the administrator of the service or person in charge of the facility must take reasonable steps to ensure the person is returned to a place reasonably requested by the person.\n(sec.362-ssec.1) This section applies if— a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an examination authority or recommendation for assessment; or a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an emergency examination authority and a recommendation for assessment is made for the person.\n(sec.362-ssec.2) At the end of the person’s detention in an authorised mental health service, or public sector health service facility, including under a recommendation for assessment or treatment authority made for the person after the examination or assessment of the person, the administrator of the service or person in charge of the facility must take reasonable steps to ensure the person is returned to a place reasonably requested by the person.\n- (a) a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an examination authority or recommendation for assessment; or\n- (b) a person is transported from a place in the community to an authorised mental health service, or public sector health service facility, under an emergency examination authority and a recommendation for assessment is made for the person.","sortOrder":491},{"sectionNumber":"ch.11-pt.6-div.3","sectionType":"division","heading":"Transport of absent persons","content":"## Transport of absent persons","sortOrder":492},{"sectionNumber":"sec.363","sectionType":"section","heading":"Application of div 3","content":"### sec.363 Application of div 3\n\nThis division applies if—\na person absconds while being lawfully detained under this Act or in a person’s charge under section 622 (2) ; or\na person subject to a treatment authority, forensic order or treatment support order is being treated in the community and the person does not attend at an authorised mental health service or public sector health service facility as required under the authority or order; or\na treatment authority, forensic order, treatment support order or judicial order is made for a person requiring the person to be detained in an authorised mental health service and the person is not in an authorised mental health service when the authority or order is made; or\nthe category of a patient’s treatment authority, forensic order or treatment support order is changed to inpatient; or\na forensic patient is receiving limited community treatment and the chief psychiatrist orders the suspension of the treatment under section 313 (2) (a) ; or\nthe chief psychiatrist orders the category of a patient’s forensic order to be changed to inpatient under section 313 (2) (b) ; or\na patient is temporarily absent from an authorised mental health service under section 221 , or receiving limited community treatment, and either of the following applies—\nthe patient does not return to the authorised mental health service at the end of the absence or treatment;\nthe approval of the absence, or authorisation of the treatment, is revoked; or\na person does not attend at an authorised mental health service as directed under section 56 or 99 ; or\na person subject to an examination order does not attend at an authorised mental health service or public sector health service facility as directed under the order; or\na person does not attend at an examining practitioner as directed under section 721 (4) (b) .\n- (a) a person absconds while being lawfully detained under this Act or in a person’s charge under section 622 (2) ; or\n- (b) a person subject to a treatment authority, forensic order or treatment support order is being treated in the community and the person does not attend at an authorised mental health service or public sector health service facility as required under the authority or order; or\n- (c) a treatment authority, forensic order, treatment support order or judicial order is made for a person requiring the person to be detained in an authorised mental health service and the person is not in an authorised mental health service when the authority or order is made; or\n- (d) the category of a patient’s treatment authority, forensic order or treatment support order is changed to inpatient; or\n- (e) a forensic patient is receiving limited community treatment and the chief psychiatrist orders the suspension of the treatment under section 313 (2) (a) ; or\n- (f) the chief psychiatrist orders the category of a patient’s forensic order to be changed to inpatient under section 313 (2) (b) ; or\n- (g) a patient is temporarily absent from an authorised mental health service under section 221 , or receiving limited community treatment, and either of the following applies— (i) the patient does not return to the authorised mental health service at the end of the absence or treatment; (ii) the approval of the absence, or authorisation of the treatment, is revoked; or\n- (i) the patient does not return to the authorised mental health service at the end of the absence or treatment;\n- (ii) the approval of the absence, or authorisation of the treatment, is revoked; or\n- (h) a person does not attend at an authorised mental health service as directed under section 56 or 99 ; or\n- (i) a person subject to an examination order does not attend at an authorised mental health service or public sector health service facility as directed under the order; or\n- (j) a person does not attend at an examining practitioner as directed under section 721 (4) (b) .\n- (i) the patient does not return to the authorised mental health service at the end of the absence or treatment;\n- (ii) the approval of the absence, or authorisation of the treatment, is revoked; or","sortOrder":493},{"sectionNumber":"sec.364","sectionType":"section","heading":"Particular persons may require return of absent person","content":"### sec.364 Particular persons may require return of absent person\n\nA responsible person may—\nauthorise an authorised person, other than a police officer, to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility; or\nask a police officer to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility.\nThe authorisation or request must—\nbe in the approved form; and\nstate the name of the person to be transported; and\nstate the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and\nidentify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\nfor a request to a police officer—state the reasons why the responsible person considers it necessary for a police officer to transport the person.\nBefore acting under this section, the responsible person must make reasonable efforts to contact the person and encourage the person to come or return to the authorised mental health service or public sector health service facility.\nSubsection (3) does not apply if the responsible person considers there is a risk the person may harm himself or herself or others if the responsible person complies with the subsection.\nSee also section 377 for applying for a warrant for the apprehension of a person.\nThe person in charge of a public sector health service facility may delegate a function under this section to an appropriately qualified health service employee.\nIn this section—\nfunction includes a power.\nresponsible person means—\nthe administrator of an authorised mental health service; or\nthe person in charge of a public sector health service facility; or\nan authorised doctor; or\nan authorised mental health practitioner.\ns 364 amd 2017 No. 3 s 31\n(sec.364-ssec.1) A responsible person may— authorise an authorised person, other than a police officer, to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility; or ask a police officer to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility.\n(sec.364-ssec.2) The authorisation or request must— be in the approved form; and state the name of the person to be transported; and state the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and for a request to a police officer—state the reasons why the responsible person considers it necessary for a police officer to transport the person.\n(sec.364-ssec.3) Before acting under this section, the responsible person must make reasonable efforts to contact the person and encourage the person to come or return to the authorised mental health service or public sector health service facility.\n(sec.364-ssec.4) Subsection (3) does not apply if the responsible person considers there is a risk the person may harm himself or herself or others if the responsible person complies with the subsection. See also section 377 for applying for a warrant for the apprehension of a person.\n(sec.364-ssec.5) The person in charge of a public sector health service facility may delegate a function under this section to an appropriately qualified health service employee.\n(sec.364-ssec.6) In this section— function includes a power. responsible person means— the administrator of an authorised mental health service; or the person in charge of a public sector health service facility; or an authorised doctor; or an authorised mental health practitioner.\n- (a) authorise an authorised person, other than a police officer, to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility; or\n- (b) ask a police officer to transport a person mentioned in section 363 to an authorised mental health service or public sector health service facility.\n- (a) be in the approved form; and\n- (b) state the name of the person to be transported; and\n- (c) state the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and\n- (d) identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\n- (e) for a request to a police officer—state the reasons why the responsible person considers it necessary for a police officer to transport the person.\n- (a) the administrator of an authorised mental health service; or\n- (b) the person in charge of a public sector health service facility; or\n- (c) an authorised doctor; or\n- (d) an authorised mental health practitioner.","sortOrder":494},{"sectionNumber":"sec.365","sectionType":"section","heading":"Limitation on requirement to return particular absent persons","content":"### sec.365 Limitation on requirement to return particular absent persons\n\nThis section applies if a person absconds while being lawfully detained—\nunder a recommendation for assessment; or\nbefore the end of the assessment period for the person; or\nunder an examination authority; or\nunder section 36 .\nAn authorisation or request under section 364 to transport the person is in force for 3 days after the day the person absconds.\n(sec.365-ssec.1) This section applies if a person absconds while being lawfully detained— under a recommendation for assessment; or before the end of the assessment period for the person; or under an examination authority; or under section 36 .\n(sec.365-ssec.2) An authorisation or request under section 364 to transport the person is in force for 3 days after the day the person absconds.\n- (a) under a recommendation for assessment; or\n- (b) before the end of the assessment period for the person; or\n- (c) under an examination authority; or\n- (d) under section 36 .","sortOrder":495},{"sectionNumber":"sec.366","sectionType":"section","heading":"Authorised person may transport absent person","content":"### sec.366 Authorised person may transport absent person\n\nThis section applies if an authorised person is authorised to transport a person under section 364 (1) (a) .\nThe authorised person may transport the person named in the authorisation to the authorised mental health service or public sector health service facility stated in the authorisation.\nSubsection (4) applies if an authorised person mentioned in section 364 (1) (a) asks a police officer, under the Police Powers and Responsibilities Act 2000 , section 16 , to help transport the named person.\nUnder section 359 (4) , an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 . Under section 16 of that Act, a public official may ask a police officer to help the public official perform the public official’s functions.\nThe request must—\nbe in the approved form; and\nstate the name of the person to be transported; and\nstate the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and\nidentify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\nstate the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.\nBefore transporting the person, the authorised person must—\ntell the person the authorised person is detaining the person and transporting the person to the authorised mental health service or public sector health service facility stated in the authorisation; and\nexplain to the person how taking action under paragraph (a) may affect the person.\ns 366 amd 2017 No. 3 s 32\n(sec.366-ssec.1) This section applies if an authorised person is authorised to transport a person under section 364 (1) (a) .\n(sec.366-ssec.2) The authorised person may transport the person named in the authorisation to the authorised mental health service or public sector health service facility stated in the authorisation.\n(sec.366-ssec.3) Subsection (4) applies if an authorised person mentioned in section 364 (1) (a) asks a police officer, under the Police Powers and Responsibilities Act 2000 , section 16 , to help transport the named person. Under section 359 (4) , an authorised person, other than a police officer, is a public official for the Police Powers and Responsibilities Act 2000 . Under section 16 of that Act, a public official may ask a police officer to help the public official perform the public official’s functions.\n(sec.366-ssec.4) The request must— be in the approved form; and state the name of the person to be transported; and state the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and state the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.\n(sec.366-ssec.5) Before transporting the person, the authorised person must— tell the person the authorised person is detaining the person and transporting the person to the authorised mental health service or public sector health service facility stated in the authorisation; and explain to the person how taking action under paragraph (a) may affect the person.\n- (a) be in the approved form; and\n- (b) state the name of the person to be transported; and\n- (c) state the name of the authorised mental health service or public sector health service facility to which the person is to be transported; and\n- (d) identify the risk the person presents to himself or herself, the authorised person or police officer, and others; and\n- (e) state the reasons why the authorised person considers it necessary to ask the police officer to help transport the person.\n- (a) tell the person the authorised person is detaining the person and transporting the person to the authorised mental health service or public sector health service facility stated in the authorisation; and\n- (b) explain to the person how taking action under paragraph (a) may affect the person.","sortOrder":496},{"sectionNumber":"sec.367","sectionType":"section","heading":"Effect on assessment period","content":"### sec.367 Effect on assessment period\n\nIf a person transported under an authorisation or request under section 364 was subject to a recommendation for assessment when the person absconded or the person absconded before the end of the assessment period for the person—\ndespite section 41 , the recommendation for assessment continues in force; and\ndespite section 45 , the assessment period for the person starts when the person arrives at the service or facility to which the person has been transported; and\nan employee of the service or facility to which the person has been transported must note on the recommendation for assessment when the assessment period starts under paragraph (b) .\ns 367 amd 2017 No. 3 s 33\n- (a) despite section 41 , the recommendation for assessment continues in force; and\n- (b) despite section 45 , the assessment period for the person starts when the person arrives at the service or facility to which the person has been transported; and\n- (c) an employee of the service or facility to which the person has been transported must note on the recommendation for assessment when the assessment period starts under paragraph (b) .","sortOrder":497},{"sectionNumber":"ch.11-pt.6-div.4","sectionType":"division","heading":"Transport of persons to and from interstate mental health services","content":"## Transport of persons to and from interstate mental health services","sortOrder":498},{"sectionNumber":"sec.368","sectionType":"section","heading":"Apprehension, detention and transport of person absent from interstate mental health service","content":"### sec.368 Apprehension, detention and transport of person absent from interstate mental health service\n\nAn authorised person may apprehend, in Queensland, a person (the absent person )—\nwho is absent without permission from an interstate mental health service; and\nfor whom an apprehension authority has been issued under a corresponding law of the State (the other State ) in which the interstate mental health service is located.\nThe apprehension authority is taken to be a warrant for apprehension of the absent person, by an authorised person, under this Act.\nIf the absent person is apprehended under this section, the absent person may be—\ntransported, by an authorised person, to—\nan interstate mental health service in the other State; or\nan authorised mental health service; or\ndetained in an authorised mental health service for the period reasonably necessary to enable the administrator of the service to make arrangements for the absent person to be transported to an interstate mental health service under paragraph (a) .\nBefore the absent person is detained or transported under this section, an authorised person must explain to the absent person why the absent person is being detained or transported.\nSubsection (6) applies if a corresponding law confers a function or power on a person (an interstate person ) in relation to the apprehension of the absent person.\nThe interstate person may, in Queensland, perform the function, or exercise the power, to the extent necessary to assist in the apprehension, detention or transport, under this section, of the absent person.\nIn this section—\napprehension authority , in relation to a person, means a warrant, or another document (however described), that authorises the apprehension of the person.\ns 368 sub 2022 No. 1 s 76\n(sec.368-ssec.1) An authorised person may apprehend, in Queensland, a person (the absent person )— who is absent without permission from an interstate mental health service; and for whom an apprehension authority has been issued under a corresponding law of the State (the other State ) in which the interstate mental health service is located.\n(sec.368-ssec.2) The apprehension authority is taken to be a warrant for apprehension of the absent person, by an authorised person, under this Act.\n(sec.368-ssec.3) If the absent person is apprehended under this section, the absent person may be— transported, by an authorised person, to— an interstate mental health service in the other State; or an authorised mental health service; or detained in an authorised mental health service for the period reasonably necessary to enable the administrator of the service to make arrangements for the absent person to be transported to an interstate mental health service under paragraph (a) .\n(sec.368-ssec.4) Before the absent person is detained or transported under this section, an authorised person must explain to the absent person why the absent person is being detained or transported.\n(sec.368-ssec.5) Subsection (6) applies if a corresponding law confers a function or power on a person (an interstate person ) in relation to the apprehension of the absent person.\n(sec.368-ssec.6) The interstate person may, in Queensland, perform the function, or exercise the power, to the extent necessary to assist in the apprehension, detention or transport, under this section, of the absent person.\n(sec.368-ssec.7) In this section— apprehension authority , in relation to a person, means a warrant, or another document (however described), that authorises the apprehension of the person.\n- (a) who is absent without permission from an interstate mental health service; and\n- (b) for whom an apprehension authority has been issued under a corresponding law of the State (the other State ) in which the interstate mental health service is located.\n- (a) transported, by an authorised person, to— (i) an interstate mental health service in the other State; or (ii) an authorised mental health service; or\n- (i) an interstate mental health service in the other State; or\n- (ii) an authorised mental health service; or\n- (b) detained in an authorised mental health service for the period reasonably necessary to enable the administrator of the service to make arrangements for the absent person to be transported to an interstate mental health service under paragraph (a) .\n- (i) an interstate mental health service in the other State; or\n- (ii) an authorised mental health service; or","sortOrder":499},{"sectionNumber":"sec.369","sectionType":"section","heading":"Transport of person in Queensland to interstate mental health service","content":"### sec.369 Transport of person in Queensland to interstate mental health service\n\nThis section applies to a person in Queensland who—\nappears to have a mental illness and may be detained and transported to a public sector health service facility under the Public Health Act 2005 , section 157B ; or\nis subject to a recommendation for assessment.\nIf permitted under a corresponding law, the person may be transported to an interstate mental health service by—\nan authorised person; or\na person who, under a corresponding law, is authorised to transport the person to an interstate mental health service.\ns 369 amd 2017 No. 3 s 34\n(sec.369-ssec.1) This section applies to a person in Queensland who— appears to have a mental illness and may be detained and transported to a public sector health service facility under the Public Health Act 2005 , section 157B ; or is subject to a recommendation for assessment.\n(sec.369-ssec.2) If permitted under a corresponding law, the person may be transported to an interstate mental health service by— an authorised person; or a person who, under a corresponding law, is authorised to transport the person to an interstate mental health service.\n- (a) appears to have a mental illness and may be detained and transported to a public sector health service facility under the Public Health Act 2005 , section 157B ; or\n- (b) is subject to a recommendation for assessment.\n- (a) an authorised person; or\n- (b) a person who, under a corresponding law, is authorised to transport the person to an interstate mental health service.","sortOrder":500},{"sectionNumber":"sec.370","sectionType":"section","heading":"Transport of person outside Queensland to authorised mental health service","content":"### sec.370 Transport of person outside Queensland to authorised mental health service\n\nThis section applies to a person outside Queensland who, under a corresponding law, may be transported to an interstate mental health service for—\nemergency involuntary examination or treatment and care relating to a mental illness; or\nan involuntary assessment of whether the person should be involuntarily treated for a mental illness.\nIf subsection (1) (a) applies, the person may be transported to either of the following places for emergency examination or treatment and care—\nan authorised mental health service;\na public sector health service facility.\nIf the public sector health service facility mentioned in subsection (2) (b) is not an inpatient hospital, the person may be transported to the facility only with the approval of the person in charge of the facility.\nIf subsection (1) (b) applies, the person may be transported to an authorised mental health service for an involuntary assessment of whether the person should be involuntarily treated for a mental illness.\nThe person may be transported to a place mentioned in subsection (2) or (4) by—\nan authorised person; or\na person who, under a corresponding law, is authorised to transport the person to an interstate mental health service.\nA document under a corresponding law that recommends assessment of a person to decide whether the person should be involuntarily treated for a mental illness is taken to be a recommendation for assessment for the purposes of this Act.\nIn this section—\ninpatient hospital means a hospital at which a person may be discharged on a day other than the day on which the person was admitted to the hospital.\n(sec.370-ssec.1) This section applies to a person outside Queensland who, under a corresponding law, may be transported to an interstate mental health service for— emergency involuntary examination or treatment and care relating to a mental illness; or an involuntary assessment of whether the person should be involuntarily treated for a mental illness.\n(sec.370-ssec.2) If subsection (1) (a) applies, the person may be transported to either of the following places for emergency examination or treatment and care— an authorised mental health service; a public sector health service facility.\n(sec.370-ssec.3) If the public sector health service facility mentioned in subsection (2) (b) is not an inpatient hospital, the person may be transported to the facility only with the approval of the person in charge of the facility.\n(sec.370-ssec.4) If subsection (1) (b) applies, the person may be transported to an authorised mental health service for an involuntary assessment of whether the person should be involuntarily treated for a mental illness.\n(sec.370-ssec.5) The person may be transported to a place mentioned in subsection (2) or (4) by— an authorised person; or a person who, under a corresponding law, is authorised to transport the person to an interstate mental health service.\n(sec.370-ssec.6) A document under a corresponding law that recommends assessment of a person to decide whether the person should be involuntarily treated for a mental illness is taken to be a recommendation for assessment for the purposes of this Act.\n(sec.370-ssec.7) In this section— inpatient hospital means a hospital at which a person may be discharged on a day other than the day on which the person was admitted to the hospital.\n- (a) emergency involuntary examination or treatment and care relating to a mental illness; or\n- (b) an involuntary assessment of whether the person should be involuntarily treated for a mental illness.\n- (a) an authorised mental health service;\n- (b) a public sector health service facility.\n- (a) an authorised person; or\n- (b) a person who, under a corresponding law, is authorised to transport the person to an interstate mental health service.","sortOrder":501},{"sectionNumber":"sec.371","sectionType":"section","heading":"Making of emergency examination authority","content":"### sec.371 Making of emergency examination authority\n\nThis section applies if a person mentioned in section 370 (5) (b) (an interstate officer ) transports a person to whom section 370 (1) (a) applies, to an authorised mental health service or public sector health service facility.\nThe interstate officer must immediately give an authority for the person.\nThe authority must—\nbe in the approved form; and\nstate the time when it is given.\nThe authority is taken to be an emergency examination authority given for the person under the Public Health Act 2005 , section 157D .\n(sec.371-ssec.1) This section applies if a person mentioned in section 370 (5) (b) (an interstate officer ) transports a person to whom section 370 (1) (a) applies, to an authorised mental health service or public sector health service facility.\n(sec.371-ssec.2) The interstate officer must immediately give an authority for the person.\n(sec.371-ssec.3) The authority must— be in the approved form; and state the time when it is given.\n(sec.371-ssec.4) The authority is taken to be an emergency examination authority given for the person under the Public Health Act 2005 , section 157D .\n- (a) be in the approved form; and\n- (b) state the time when it is given.","sortOrder":502},{"sectionNumber":"ch.11-pt.6-div.5","sectionType":"division","heading":"Transport powers","content":"## Transport powers","sortOrder":503},{"sectionNumber":"sec.372","sectionType":"section","heading":"Application of div 5","content":"### sec.372 Application of div 5\n\nThis division applies if an authorised person is required or permitted under this Act to transport a person for a stated purpose.","sortOrder":504},{"sectionNumber":"sec.373","sectionType":"section","heading":"Power to detain","content":"### sec.373 Power to detain\n\nThe power of the authorised person to transport the person includes the power to detain the person.\nThe authorised person may exercise the power to transport the person, including the power to detain the person, with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.373-ssec.1) The power of the authorised person to transport the person includes the power to detain the person.\n(sec.373-ssec.2) The authorised person may exercise the power to transport the person, including the power to detain the person, with the help, and using the force, that is necessary and reasonable in the circumstances.","sortOrder":505},{"sectionNumber":"sec.374","sectionType":"section","heading":"Power to administer medication","content":"### sec.374 Power to administer medication\n\nDespite the absence or refusal of the person’s consent, the power of the authorised person to transport the person includes the power to administer medication to the person.\nHowever, the medication—\nmay be administered to the person only if a doctor is satisfied there is no other reasonably practicable way to protect the person or others from physical harm; and\nmust be administered by a doctor or by a registered nurse under the instruction of a doctor.\nThe doctor or registered nurse may administer the medication with the help, and using the force, that is necessary and reasonable in the circumstances.\nFor subsection (2) (b) , the doctor’s instruction must include the medication’s name, the dose, and 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 (4) .\nThis section applies despite the Guardianship and Administration Act 2000 , chapter 5 , part 2 , division 1 .\nThis section does not apply to a classified patient (voluntary).\nIn this section—\nregistered nurse means a person registered under the Health Practitioner Regulation National Law —\nto practise in the nursing profession, other than as a student; and\nin the registered nurses division of that profession.\ns 374 amd 2017 No. 32 s 87 (2) s ch 1 pt 2\n(sec.374-ssec.1) Despite the absence or refusal of the person’s consent, the power of the authorised person to transport the person includes the power to administer medication to the person.\n(sec.374-ssec.2) However, the medication— may be administered to the person only if a doctor is satisfied there is no other reasonably practicable way to protect the person or others from physical harm; and must be administered by a doctor or by a registered nurse under the instruction of a doctor.\n(sec.374-ssec.3) The doctor or registered nurse may administer the medication with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.374-ssec.4) For subsection (2) (b) , the doctor’s instruction must include the medication’s name, the dose, and route and frequency of administration.\n(sec.374-ssec.5) A doctor or registered nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (4) .\n(sec.374-ssec.6) This section applies despite the Guardianship and Administration Act 2000 , chapter 5 , part 2 , division 1 .\n(sec.374-ssec.7) This section does not apply to a classified patient (voluntary).\n(sec.374-ssec.8) In this section— registered nurse means a person registered under the Health Practitioner Regulation National Law — to practise in the nursing profession, other than as a student; and in the registered nurses division of that profession.\n- (a) may be administered to the person only if a doctor is satisfied there is no other reasonably practicable way to protect the person or others from physical harm; and\n- (b) must be administered by a doctor or by a registered nurse under the instruction of a doctor.\n- (a) to practise in the nursing profession, other than as a student; and\n- (b) in the registered nurses division of that profession.","sortOrder":506},{"sectionNumber":"sec.375","sectionType":"section","heading":"Power to use mechanical restraint","content":"### sec.375 Power to use mechanical restraint\n\nThe power of the authorised person to transport the person includes the power to use mechanical restraint on the person if the person is an involuntary patient.\nHowever, the mechanical restraint may be used only if—\nthe chief psychiatrist has given approval, under subsection (3) , for the authorised person to use mechanical restraint on the person; and\nthere is no other reasonably practicable way to protect the person or others from physical harm; and\nthe device used is an approved device; and\nthe use of mechanical restraint on the person, including applying the device to the person, is with no more force than is necessary and reasonable in the circumstances; and\nthe person is observed continuously while restrained.\nThe chief psychiatrist may give approval for an authorised person to use, under this section, mechanical restraint on the person if the chief psychiatrist is satisfied there is no other reasonably practicable way to protect the person or others from physical harm.\nThe approval must state—\nthe purpose for which mechanical restraint may be used on the person; and\nthe period during which an authorised person may use mechanical restraint on the person; and\nthe approved device that must be used; and\nany other conditions the chief psychiatrist considers appropriate.\nFor subsection (4) (a) , the purpose for which mechanical restraint may be used on the person includes examining, carrying out a diagnostic test on, or providing treatment and care to, the person.\n(sec.375-ssec.1) The power of the authorised person to transport the person includes the power to use mechanical restraint on the person if the person is an involuntary patient.\n(sec.375-ssec.2) However, the mechanical restraint may be used only if— the chief psychiatrist has given approval, under subsection (3) , for the authorised person to use mechanical restraint on the person; and there is no other reasonably practicable way to protect the person or others from physical harm; and the device used is an approved device; and the use of mechanical restraint on the person, including applying the device to the person, is with no more force than is necessary and reasonable in the circumstances; and the person is observed continuously while restrained.\n(sec.375-ssec.3) The chief psychiatrist may give approval for an authorised person to use, under this section, mechanical restraint on the person if the chief psychiatrist is satisfied there is no other reasonably practicable way to protect the person or others from physical harm.\n(sec.375-ssec.4) The approval must state— the purpose for which mechanical restraint may be used on the person; and the period during which an authorised person may use mechanical restraint on the person; and the approved device that must be used; and any other conditions the chief psychiatrist considers appropriate.\n(sec.375-ssec.5) For subsection (4) (a) , the purpose for which mechanical restraint may be used on the person includes examining, carrying out a diagnostic test on, or providing treatment and care to, the person.\n- (a) the chief psychiatrist has given approval, under subsection (3) , for the authorised person to use mechanical restraint on the person; and\n- (b) there is no other reasonably practicable way to protect the person or others from physical harm; and\n- (c) the device used is an approved device; and\n- (d) the use of mechanical restraint on the person, including applying the device to the person, is with no more force than is necessary and reasonable in the circumstances; and\n- (e) the person is observed continuously while restrained.\n- (a) the purpose for which mechanical restraint may be used on the person; and\n- (b) the period during which an authorised person may use mechanical restraint on the person; and\n- (c) the approved device that must be used; and\n- (d) any other conditions the chief psychiatrist considers appropriate.","sortOrder":507},{"sectionNumber":"sec.376","sectionType":"section","heading":"Power to enter particular places","content":"### sec.376 Power to enter particular places\n\nThe power of the authorised person to transport the person includes the power to enter a place in which the authorised person reasonably believes the person is if—\nan 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.\nFor asking an occupier of a place to consent to the entry, chapter 14 , part 3 , division 2 applies as if—\na reference in the division to an inspector were a reference to the authorised person; and\na reference in the division to an inspector asking an occupier of a place to consent to an inspector entering the place under section 565 (1) (a) were a reference to the authorised person asking the occupier of the place to consent to the authorised person entering the place under this section.\nSee also the Police Powers and Responsibilities Act 2000 , section 21 for other powers of a police officer.\nIf the power to enter a place arises only because an occupier of the place consents to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf an authorised person lawfully enters a place under subsection (1) for the purpose of transporting a person, the power of the authorised person to transport the person also includes the power—\nto search the place to find the person; and\nto remain in the place for as long as the authorised person considers it reasonably necessary to find the person.\n(sec.376-ssec.1) The power of the authorised person to transport the person includes the power to enter a place in which the authorised person reasonably believes the person is if— an occupier of the place consents to the entry; or it is a public place and the entry is made when the place is open to the public.\n(sec.376-ssec.2) For asking an occupier of a place to consent to the entry, chapter 14 , part 3 , division 2 applies as if— a reference in the division to an inspector were a reference to the authorised person; and a reference in the division to an inspector asking an occupier of a place to consent to an inspector entering the place under section 565 (1) (a) were a reference to the authorised person asking the occupier of the place to consent to the authorised person entering the place under this section. See also the Police Powers and Responsibilities Act 2000 , section 21 for other powers of a police officer.\n(sec.376-ssec.3) If the power to enter a place arises only because an occupier of the place consents to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.376-ssec.4) If an authorised person lawfully enters a place under subsection (1) for the purpose of transporting a person, the power of the authorised person to transport the person also includes the power— to search the place to find the person; and to remain in the place for as long as the authorised person considers it reasonably necessary to find the person.\n- (a) an 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.\n- (a) a reference in the division to an inspector were a reference to the authorised person; and\n- (b) a reference in the division to an inspector asking an occupier of a place to consent to an inspector entering the place under section 565 (1) (a) were a reference to the authorised person asking the occupier of the place to consent to the authorised person entering the place under this section.\n- (a) to search the place to find the person; and\n- (b) to remain in the place for as long as the authorised person considers it reasonably necessary to find the person.","sortOrder":508},{"sectionNumber":"ch.11-pt.6-div.6","sectionType":"division","heading":"Warrant for apprehension of person to transport person","content":"## Warrant for apprehension of person to transport person","sortOrder":509},{"sectionNumber":"sec.377","sectionType":"section","heading":"Application for warrant for apprehension of person","content":"### sec.377 Application for warrant for apprehension of person\n\nThis section applies if an authorised person considers a warrant for apprehension of a person is necessary to enable an authorised person to transport the person under this Act to an authorised mental health service or public sector health service facility for examination, assessment, or treatment and care.\nThe authorised person may apply to a magistrate for a warrant for apprehension of the person.\nThe authorised person must prepare a written application stating the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.377-ssec.1) This section applies if an authorised person considers a warrant for apprehension of a person is necessary to enable an authorised person to transport the person under this Act to an authorised mental health service or public sector health service facility for examination, assessment, or treatment and care.\n(sec.377-ssec.2) The authorised person may apply to a magistrate for a warrant for apprehension of the person.\n(sec.377-ssec.3) The authorised person must prepare a written application stating the grounds on which the warrant is sought.\n(sec.377-ssec.4) The written application must be sworn.\n(sec.377-ssec.5) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":510},{"sectionNumber":"sec.378","sectionType":"section","heading":"Issue of warrant","content":"### sec.378 Issue of warrant\n\nA magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to an authorised mental health service or public sector health service facility for examination, assessment, or treatment and care.\nThe warrant authorises an authorised person—\nto enter a place the authorised person reasonably believes the person is; and\nto search the place to find the person; and\nto remain in the place for as long as the authorised person considers it reasonably necessary to find the person; and\nto transport the person to a stated authorised mental health service or public sector health service facility.\nFor a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 . Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 .\nThe warrant must state—\nthe person to whom the warrant applies; and\nthat an authorised person may, with necessary and reasonable help and force, exercise—\nthe powers under the warrant mentioned in subsection (2) ; and\nthe powers mentioned in division 5 ; and\nthe hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 7 days after the warrant’s issue, the warrant ends.\nAn authorised person may exercise a power under the warrant with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.378-ssec.1) A magistrate may issue the warrant for apprehension of the person if the magistrate is satisfied the warrant is necessary to enable an authorised person to transport the person to an authorised mental health service or public sector health service facility for examination, assessment, or treatment and care.\n(sec.378-ssec.2) The warrant authorises an authorised person— to enter a place the authorised person reasonably believes the person is; and to search the place to find the person; and to remain in the place for as long as the authorised person considers it reasonably necessary to find the person; and to transport the person to a stated authorised mental health service or public sector health service facility. For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 . Also, for the use of force by a police officer, see the Police Powers and Responsibilities Act 2000 , section 615 .\n(sec.378-ssec.3) The warrant must state— the person to whom the warrant applies; and that an authorised person may, with necessary and reasonable help and force, exercise— the powers under the warrant mentioned in subsection (2) ; and the powers mentioned in division 5 ; and the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 7 days after the warrant’s issue, the warrant ends.\n(sec.378-ssec.4) An authorised person may exercise a power under the warrant with the help, and using the force, that is necessary and reasonable in the circumstances.\n- (a) to enter a place the authorised person reasonably believes the person is; and\n- (b) to search the place to find the person; and\n- (c) to remain in the place for as long as the authorised person considers it reasonably necessary to find the person; and\n- (d) to transport the person to a stated authorised mental health service or public sector health service facility.\n- (a) the person to whom the warrant applies; and\n- (b) that an authorised person may, with necessary and reasonable help and force, exercise— (i) the powers under the warrant mentioned in subsection (2) ; and (ii) the powers mentioned in division 5 ; and\n- (i) the powers under the warrant mentioned in subsection (2) ; and\n- (ii) the powers mentioned in division 5 ; and\n- (c) the hours of the day or night when a place mentioned in subsection (2) (a) may be entered; and\n- (d) the magistrate’s name; and\n- (e) the day and time of the warrant’s issue; and\n- (f) the day, within 7 days after the warrant’s issue, the warrant ends.\n- (i) the powers under the warrant mentioned in subsection (2) ; and\n- (ii) the powers mentioned in division 5 ; and","sortOrder":511},{"sectionNumber":"sec.379","sectionType":"section","heading":"Electronic application","content":"### sec.379 Electronic application\n\nAn application under section 377 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 377 (3) ; but\nmay be made before the written application is sworn.\n(sec.379-ssec.1) An application under section 377 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.379-ssec.2) The application— may not be made before the authorised person prepares the written application under section 377 (3) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 377 (3) ; but\n- (b) may be made before the written application is sworn.","sortOrder":512},{"sectionNumber":"sec.380","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.380 Additional procedure if electronic application\n\nFor an application made under section 379 , the magistrate may issue the warrant for apprehension of the person (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 379 ; and\nthe way the application was made under section 379 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the information mentioned in section 378 (3) ; and\nthe authorised person must complete a form of warrant, including by writing on it the information mentioned in section 378 (3) told to the person by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 377 (3) and (4) ; and\nif the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.380-ssec.1) For an application made under section 379 , the magistrate may issue the warrant for apprehension of the person (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 379 ; and the way the application was made under section 379 was appropriate.\n(sec.380-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 378 (3) ; and the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 378 (3) told to the person by the magistrate.\n(sec.380-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.380-ssec.4) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 377 (3) and (4) ; and if the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.380-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.380-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.380-ssec.7) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 379 ; and\n- (b) the way the application was made under section 379 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the information mentioned in section 378 (3) ; and (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 378 (3) told to the person by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 378 (3) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 378 (3) told to the person by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 378 (3) ; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it the information mentioned in section 378 (3) told to the person by the magistrate.\n- (a) the written application complying with section 377 (3) and (4) ; and\n- (b) if the authorised person completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":513},{"sectionNumber":"sec.381","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.381 Defect in relation to a warrant\n\nA warrant for apprehension of a person is not invalidated by a defect in—\nthe warrant; or\ncompliance with this division;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant for apprehension includes a duplicate warrant under section 380 (3) .\n(sec.381-ssec.1) A warrant for apprehension of a person is not invalidated by a defect in— the warrant; or compliance with this division; unless the defect affects the substance of the warrant in a material particular.\n(sec.381-ssec.2) In this section— warrant for apprehension includes a duplicate warrant under section 380 (3) .\n- (a) the warrant; or\n- (b) compliance with this division;","sortOrder":514},{"sectionNumber":"sec.382","sectionType":"section","heading":"Warrants—entry procedure","content":"### sec.382 Warrants—entry procedure\n\nThis section applies if an authorised person is intending to enter a place under a warrant for apprehension of a person.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place;\nSee also the Police Powers and Responsibilities Act 2000 , section 637 .\ngive the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 380 (3) , a copy of the duplicate warrant;\ntell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.382-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant for apprehension of a person.\n(sec.382-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place; See also the Police Powers and Responsibilities Act 2000 , section 637 . give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 380 (3) , a copy of the duplicate warrant; tell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.382-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place; Note— See also the Police Powers and Responsibilities Act 2000 , section 637 .\n- (b) give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 380 (3) , a copy of the duplicate warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter and search the place to find the person named in the warrant;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":515},{"sectionNumber":"ch.11-pt.7","sectionType":"part","heading":"Security","content":"# Security","sortOrder":516},{"sectionNumber":"ch.11-pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":517},{"sectionNumber":"sec.383","sectionType":"section","heading":"Purpose of pt 7","content":"### sec.383 Purpose of pt 7\n\nThe purpose of this part is to provide for—\nthe delivery to, and sending of postal articles for, patients in authorised mental health services; and\nsearches of particular patients in authorised mental health services and public sector health service facilities; and\nsearches of persons on admission to, or entry into, high security units or other authorised mental health services approved by the chief psychiatrist; and\nsearches of visitors to high security units or other authorised mental health services approved by the chief psychiatrist; and\nthe power of administrators of authorised mental health services to exclude particular visitors to the service.\ns 383 amd 2022 No. 1 s 77\n- (a) the delivery to, and sending of postal articles for, patients in authorised mental health services; and\n- (b) searches of particular patients in authorised mental health services and public sector health service facilities; and\n- (c) searches of persons on admission to, or entry into, high security units or other authorised mental health services approved by the chief psychiatrist; and\n- (d) searches of visitors to high security units or other authorised mental health services approved by the chief psychiatrist; and\n- (e) the power of administrators of authorised mental health services to exclude particular visitors to the service.","sortOrder":518},{"sectionNumber":"sec.384","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.384 Definitions for pt 7\n\nIn this part—\nauthorised security officer means—\na security officer; or\nan appropriately qualified employee of an authorised mental health service who is authorised by the administrator of the service to provide security services to the service.\ns 384 def authorised security officer amd 2017 No. 3 s 35\ngeneral search , of a person, means a search—\nto reveal the contents of the person’s outer garments, general clothes or hand luggage without touching the person or the luggage; or\nin which the person may be required to—\nopen his or her hands or mouth for visual inspection; or\nshake his or her hair vigorously.\npersonal search , of a person, means a search in which light pressure is momentarily applied to the person over the person’s general clothes without direct contact being made with—\nthe person’s genital or anal areas; or\nfor a female—the person’s breasts.\npostal article includes a postal article carried by a courier service.\nscanning search , of a person, means a search of the person by electronic or other means that does not require the person to remove the person’s general clothes or to be touched by another person.\nusing a portable electronic apparatus or another portable apparatus that can be passed over the person\nusing an electronic apparatus through which the person is required to pass\nsearch requiring the removal of clothing , of a person, means a search in which the person removes all garments during the course of the search, but in which direct contact is not made with the person.\nsecurity officer means a person employed or engaged by an authorised mental health service to provide security services, regardless of how the person’s employment or engagement is described.\n- (a) a security officer; or\n- (b) an appropriately qualified employee of an authorised mental health service who is authorised by the administrator of the service to provide security services to the service.\n- (a) to reveal the contents of the person’s outer garments, general clothes or hand luggage without touching the person or the luggage; or\n- (b) in which the person may be required to— (i) open his or her hands or mouth for visual inspection; or (ii) shake his or her hair vigorously.\n- (i) open his or her hands or mouth for visual inspection; or\n- (ii) shake his or her hair vigorously.\n- (i) open his or her hands or mouth for visual inspection; or\n- (ii) shake his or her hair vigorously.\n- (a) the person’s genital or anal areas; or\n- (b) for a female—the person’s breasts.\n- • using a portable electronic apparatus or another portable apparatus that can be passed over the person\n- • using an electronic apparatus through which the person is required to pass","sortOrder":519},{"sectionNumber":"ch.11-pt.7-div.2","sectionType":"division","heading":"Postal articles and other things in authorised mental health services","content":"## Postal articles and other things in authorised mental health services","sortOrder":520},{"sectionNumber":"sec.385","sectionType":"section","heading":"Patient may receive and send postal article","content":"### sec.385 Patient may receive and send postal article\n\nA person must not prevent or impede in any way—\nthe delivery, to a patient of an authorised mental health service, of a postal article addressed to the patient; or\nthe sending of a postal article for a patient of an authorised mental health service.\nMaximum penalty—20 penalty units.\nSubsection (1) (a) has effect subject to section 386 .\nA person does not commit an offence against subsection (1) (b) if the addressee of the postal article—\nis the subject of a non-contact condition of a forensic order or treatment support order to which the patient is subject; or\nhas given written notice to the administrator of the service asking that postal articles addressed by the patient to the addressee be withheld.\nIn this section—\nnon-contact condition , of a forensic order or treatment support order to which a patient is subject, means a condition of the order that requires the patient not to contact a stated person.\npatient means—\nan involuntary patient; or\na person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\n(sec.385-ssec.1) A person must not prevent or impede in any way— the delivery, to a patient of an authorised mental health service, of a postal article addressed to the patient; or the sending of a postal article for a patient of an authorised mental health service. Maximum penalty—20 penalty units.\n(sec.385-ssec.2) Subsection (1) (a) has effect subject to section 386 .\n(sec.385-ssec.3) A person does not commit an offence against subsection (1) (b) if the addressee of the postal article— is the subject of a non-contact condition of a forensic order or treatment support order to which the patient is subject; or has given written notice to the administrator of the service asking that postal articles addressed by the patient to the addressee be withheld.\n(sec.385-ssec.4) In this section— non-contact condition , of a forensic order or treatment support order to which a patient is subject, means a condition of the order that requires the patient not to contact a stated person. patient means— an involuntary patient; or a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\n- (a) the delivery, to a patient of an authorised mental health service, of a postal article addressed to the patient; or\n- (b) the sending of a postal article for a patient of an authorised mental health service.\n- (a) is the subject of a non-contact condition of a forensic order or treatment support order to which the patient is subject; or\n- (b) has given written notice to the administrator of the service asking that postal articles addressed by the patient to the addressee be withheld.\n- (a) an involuntary patient; or\n- (b) a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.","sortOrder":521},{"sectionNumber":"sec.386","sectionType":"section","heading":"Administrator may search thing received for patient","content":"### sec.386 Administrator may search thing received for patient\n\nThe administrator of an authorised mental health service, or an appropriately qualified person authorised by the administrator, may open or search anything received at the service for a patient.\nHowever, the administrator may exercise a power under subsection (1) only if the patient is present or has been given the opportunity to be present.\nSubsection (2) does not apply if the patient obstructs the administrator in the exercise of the administrator’s powers under subsection (1) .\nIn this section—\npatient means—\nan involuntary patient; or\na person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\nsearch includes search by—\nan electronic scanning device; and\na physical examination.\n(sec.386-ssec.1) The administrator of an authorised mental health service, or an appropriately qualified person authorised by the administrator, may open or search anything received at the service for a patient.\n(sec.386-ssec.2) However, the administrator may exercise a power under subsection (1) only if the patient is present or has been given the opportunity to be present.\n(sec.386-ssec.3) Subsection (2) does not apply if the patient obstructs the administrator in the exercise of the administrator’s powers under subsection (1) .\n(sec.386-ssec.4) In this section— patient means— an involuntary patient; or a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney. search includes search by— an electronic scanning device; and a physical examination.\n- (a) an involuntary patient; or\n- (b) a person receiving treatment and care for a mental illness in an authorised mental health service, other than as an involuntary patient, including a person receiving treatment and care under an advance health directive or with the consent of a personal guardian or attorney.\n- (a) an electronic scanning device; and\n- (b) a physical examination.","sortOrder":522},{"sectionNumber":"ch.11-pt.7-div.3","sectionType":"division","heading":"Searches of patients of authorised mental health services or public sector health service facilities","content":"## Searches of patients of authorised mental health services or public sector health service facilities","sortOrder":523},{"sectionNumber":"sec.387","sectionType":"section","heading":"Application of div 3","content":"### sec.387 Application of div 3\n\nThis division applies to—\nan involuntary patient of an authorised mental health service or public sector health service facility; or\na classified patient (voluntary) of an authorised mental health service.\n- (a) an involuntary patient of an authorised mental health service or public sector health service facility; or\n- (b) a classified patient (voluntary) of an authorised mental health service.","sortOrder":524},{"sectionNumber":"sec.388","sectionType":"section","heading":"Power to search on belief of possession of harmful thing","content":"### sec.388 Power to search on belief of possession of harmful thing\n\nThis section applies if a doctor or health practitioner believes the patient may have possession of a harmful thing.\nThe doctor or health practitioner may—\ncarry out a general search, scanning search or personal search of the patient; and\nif the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and\ncarry out a search of the patient’s possessions.\nThe administrator of the service, or the person in charge of the facility, may give approval under subsection (2) (b) if the administrator or person in charge believes a search requiring the removal of clothing is necessary in the circumstances.\nA search under this section may be carried out without the patient’s consent.\nHowever, before carrying out a search under this section, the doctor or health practitioner must tell the patient the reasons for the search and how it is to be carried out.\nA doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.388-ssec.1) This section applies if a doctor or health practitioner believes the patient may have possession of a harmful thing.\n(sec.388-ssec.2) The doctor or health practitioner may— carry out a general search, scanning search or personal search of the patient; and if the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and carry out a search of the patient’s possessions.\n(sec.388-ssec.3) The administrator of the service, or the person in charge of the facility, may give approval under subsection (2) (b) if the administrator or person in charge believes a search requiring the removal of clothing is necessary in the circumstances.\n(sec.388-ssec.4) A search under this section may be carried out without the patient’s consent.\n(sec.388-ssec.5) However, before carrying out a search under this section, the doctor or health practitioner must tell the patient the reasons for the search and how it is to be carried out.\n(sec.388-ssec.6) A doctor or health practitioner may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.\n- (a) carry out a general search, scanning search or personal search of the patient; and\n- (b) if the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and\n- (c) carry out a search of the patient’s possessions.","sortOrder":525},{"sectionNumber":"ch.11-pt.7-div.4","sectionType":"division","heading":"Searches of involuntary patients on admission to or entry into high security units or other approved services","content":"## Searches of involuntary patients on admission to or entry into high security units or other approved services","sortOrder":526},{"sectionNumber":"sec.389","sectionType":"section","heading":"Application of div 4","content":"### sec.389 Application of div 4\n\nThis division applies to person who is admitted as an involuntary patient to, or enters as an involuntary patient in, an authorised mental health service that is—\na high security unit; or\nanother authorised mental health service, or part of an authorised mental health service, approved by the chief psychiatrist for the purpose of this division.\n- (a) a high security unit; or\n- (b) another authorised mental health service, or part of an authorised mental health service, approved by the chief psychiatrist for the purpose of this division.","sortOrder":527},{"sectionNumber":"sec.390","sectionType":"section","heading":"Power to search on admission or entry","content":"### sec.390 Power to search on admission or entry\n\nOn the patient’s admission to, or entry into, the service, an authorised security officer may, for detecting harmful things—\ncarry out a general search, scanning search or personal search of the patient; and\nif the administrator of the service gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and\ncarry out a search of the patient’s possessions.\nThe administrator of the service may give approval under subsection (1) (b) if the administrator believes a search requiring the removal of clothing is necessary in the circumstances.\nA search under this section may be carried out without the patient’s consent.\nHowever, before carrying out a search under this section, the authorised security officer must tell the patient the reasons for the search and how it is to be carried out.\nAn authorised security officer may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.390-ssec.1) On the patient’s admission to, or entry into, the service, an authorised security officer may, for detecting harmful things— carry out a general search, scanning search or personal search of the patient; and if the administrator of the service gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and carry out a search of the patient’s possessions.\n(sec.390-ssec.2) The administrator of the service may give approval under subsection (1) (b) if the administrator believes a search requiring the removal of clothing is necessary in the circumstances.\n(sec.390-ssec.3) A search under this section may be carried out without the patient’s consent.\n(sec.390-ssec.4) However, before carrying out a search under this section, the authorised security officer must tell the patient the reasons for the search and how it is to be carried out.\n(sec.390-ssec.5) An authorised security officer may carry out a search under this section with the help, and using the force, that is necessary and reasonable in the circumstances.\n- (a) carry out a general search, scanning search or personal search of the patient; and\n- (b) if the administrator of the service gives approval for a search requiring the removal of clothing—carry out a search requiring the removal of clothing; and\n- (c) carry out a search of the patient’s possessions.","sortOrder":528},{"sectionNumber":"ch.11-pt.7-div.5","sectionType":"division","heading":"Searches of visitors to high security units or other approved services","content":"## Searches of visitors to high security units or other approved services","sortOrder":529},{"sectionNumber":"sec.391","sectionType":"section","heading":"Application of div 5","content":"### sec.391 Application of div 5\n\nThis division applies to a visitor to an authorised mental health service that is—\na high security unit; or\nanother authorised mental health service, or part of an authorised mental health service, approved by the chief psychiatrist for the purpose of this division.\n- (a) a high security unit; or\n- (b) another authorised mental health service, or part of an authorised mental health service, approved by the chief psychiatrist for the purpose of this division.","sortOrder":530},{"sectionNumber":"sec.392","sectionType":"section","heading":"Power to search visitor","content":"### sec.392 Power to search visitor\n\nAn authorised security officer for the service may ask the visitor—\nto submit to a general search, scanning search or personal search by the authorised security officer; or\nto submit the visitor’s possessions to a search.\n- (a) to submit to a general search, scanning search or personal search by the authorised security officer; or\n- (b) to submit the visitor’s possessions to a search.","sortOrder":531},{"sectionNumber":"sec.393","sectionType":"section","heading":"Requirement to explain to visitor","content":"### sec.393 Requirement to explain to visitor\n\nThe authorised security officer must tell the visitor in general terms of—\nthe officer’s powers in relation to the search; and\nhow the search is to be carried out; and\nthe visitor’s rights under this division.\n- (a) the officer’s powers in relation to the search; and\n- (b) how the search is to be carried out; and\n- (c) the visitor’s rights under this division.","sortOrder":532},{"sectionNumber":"sec.394","sectionType":"section","heading":"Direction to leave","content":"### sec.394 Direction to leave\n\nIf the visitor does not agree to a request under section 392 , the authorised security officer may refuse the visitor permission to enter the service or, if the person is in the service, direct the person to immediately leave the service.\nIf the visitor is directed to leave the service, the visitor must comply with the direction.\nMaximum penalty—20 penalty units.\n(sec.394-ssec.1) If the visitor does not agree to a request under section 392 , the authorised security officer may refuse the visitor permission to enter the service or, if the person is in the service, direct the person to immediately leave the service.\n(sec.394-ssec.2) If the visitor is directed to leave the service, the visitor must comply with the direction. Maximum penalty—20 penalty units.","sortOrder":533},{"sectionNumber":"sec.395","sectionType":"section","heading":"Visitor may leave thing with authorised security officer","content":"### sec.395 Visitor may leave thing with authorised security officer\n\nIf the visitor does not want the authorised security officer to search anything in the visitor’s possession, the visitor may leave the thing with the officer until the visitor leaves the service.","sortOrder":534},{"sectionNumber":"sec.396","sectionType":"section","heading":"Authorised security officer may ask visitor to leave thing with officer","content":"### sec.396 Authorised security officer may ask visitor to leave thing with officer\n\nThe authorised security officer may ask the visitor to leave a thing the officer believes is a harmful thing with the officer until the visitor leaves the service.\nIf the visitor refuses to comply with a request under subsection (1) , the officer may refuse the visitor permission to enter the service or, if the person is in the service, direct the person to immediately leave the service.\nIf the visitor is directed to leave the service, the visitor must comply with the direction.\nMaximum penalty—20 penalty units.\n(sec.396-ssec.1) The authorised security officer may ask the visitor to leave a thing the officer believes is a harmful thing with the officer until the visitor leaves the service.\n(sec.396-ssec.2) If the visitor refuses to comply with a request under subsection (1) , the officer may refuse the visitor permission to enter the service or, if the person is in the service, direct the person to immediately leave the service.\n(sec.396-ssec.3) If the visitor is directed to leave the service, the visitor must comply with the direction. Maximum penalty—20 penalty units.","sortOrder":535},{"sectionNumber":"sec.397","sectionType":"section","heading":"Visitor may ask for search to stop","content":"### sec.397 Visitor may ask for search to stop\n\nThe authorised security officer must stop the search if the visitor tells the officer the visitor does not want the search to continue and is prepared to leave the service immediately.\nThe visitor must leave the service immediately.\nMaximum penalty—20 penalty units.\n(sec.397-ssec.1) The authorised security officer must stop the search if the visitor tells the officer the visitor does not want the search to continue and is prepared to leave the service immediately.\n(sec.397-ssec.2) The visitor must leave the service immediately. Maximum penalty—20 penalty units.","sortOrder":536},{"sectionNumber":"sec.398","sectionType":"section","heading":"Return of thing to visitor","content":"### sec.398 Return of thing to visitor\n\nIf the visitor has left a thing with an authorised security officer, the officer must ensure the thing is returned to the visitor if—\nthe visitor asks for its return; and\nthe officer is satisfied the visitor is about to leave the service.\n- (a) the visitor asks for its return; and\n- (b) the officer is satisfied the visitor is about to leave the service.","sortOrder":537},{"sectionNumber":"ch.11-pt.7-div.6","sectionType":"division","heading":"Requirements for searches","content":"## Requirements for searches","sortOrder":538},{"sectionNumber":"sec.399","sectionType":"section","heading":"Requirements for personal search","content":"### sec.399 Requirements for personal search\n\nA person authorised under division 3 , 4 or 5 to carry out a personal search (the searcher ) may do any 1 or more of the following in relation to the person being searched—\nremove and inspect an outer garment or footwear of the person;\nremove and inspect all things from the pockets of the person’s clothing;\ntouch the clothing worn by the person to the extent necessary to detect things in the person’s possession;\nremove and inspect any detected thing.\nThe searcher may exercise a power under subsection (1) (c) only if—\nto the extent reasonably practicable—\nthe person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and\nthe gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\nthe search is carried out in a part of a building that ensures the person’s privacy.\nThe searcher must—\ncarry out the search in a way that respects the person’s dignity to the greatest possible extent; and\ncause as little inconvenience to the person as is practicable in the circumstances.\ns 399 amd 2024 No. 24 s 27\n(sec.399-ssec.1) A person authorised under division 3 , 4 or 5 to carry out a personal search (the searcher ) may do any 1 or more of the following in relation to the person being searched— remove and inspect an outer garment or footwear of the person; remove and inspect all things from the pockets of the person’s clothing; touch the clothing worn by the person to the extent necessary to detect things in the person’s possession; remove and inspect any detected thing.\n(sec.399-ssec.2) The searcher may exercise a power under subsection (1) (c) only if— to the extent reasonably practicable— the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and the search is carried out in a part of a building that ensures the person’s privacy.\n(sec.399-ssec.3) The searcher must— carry out the search in a way that respects the person’s dignity to the greatest possible extent; and cause as little inconvenience to the person as is practicable in the circumstances.\n- (a) remove and inspect an outer garment or footwear of the person;\n- (b) remove and inspect all things from the pockets of the person’s clothing;\n- (c) touch the clothing worn by the person to the extent necessary to detect things in the person’s possession;\n- (d) remove and inspect any detected thing.\n- (a) to the extent reasonably practicable— (i) the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and (ii) the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\n- (i) the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and\n- (ii) the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\n- (b) the search is carried out in a part of a building that ensures the person’s privacy.\n- (i) the person has been given an opportunity to express, and has expressed, their preference about the gender of someone carrying out the search (the gender preferred by the person); and\n- (ii) the gender of the searcher is the gender preferred by, or otherwise the same gender as, the person; and\n- (a) carry out the search in a way that respects the person’s dignity to the greatest possible extent; and\n- (b) cause as little inconvenience to the person as is practicable in the circumstances.","sortOrder":539},{"sectionNumber":"sec.400","sectionType":"section","heading":"Requirements for search requiring removal of clothing","content":"### sec.400 Requirements for search requiring removal of clothing\n\nA search under division 3 or 4 requiring the removal of clothing of a person must be carried out by at least 2 persons authorised to carry out the search, but by no more persons than are reasonably necessary to carry out the search.\nTo the extent reasonably practicable, the gender of each person carrying out the search (each a searcher ) must be the gender preferred by, or otherwise the same gender as, the person being searched.\nBefore carrying out the search, 1 of the searchers must tell the person—\nthat the person will be required to remove the person’s clothing during the search; and\nwhy it is necessary to remove the clothing.\nThe searcher must—\nensure the search is carried out in a part of a building that ensures the person’s privacy; and\nensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and\ntake reasonable care to protect the person’s dignity; and\ncarry out the search as quickly as practicable; and\nallow the person to dress as soon as the search is finished.\nThe searcher must, if reasonably practicable, give the person the opportunity to remain partly clothed during the search, including, for example, by allowing the person to dress the person’s upper body before being required to remove clothing from the lower part of the body.\nIf the searcher seizes clothing because of the search, the searcher must ensure the person is left with, or given, reasonably appropriate clothing.\nIn this section—\ngender preferred , by the person being searched, see section 399 (2) (a) (i) .\ns 400 amd 2024 No. 24 s 28\n(sec.400-ssec.1) A search under division 3 or 4 requiring the removal of clothing of a person must be carried out by at least 2 persons authorised to carry out the search, but by no more persons than are reasonably necessary to carry out the search.\n(sec.400-ssec.2) To the extent reasonably practicable, the gender of each person carrying out the search (each a searcher ) must be the gender preferred by, or otherwise the same gender as, the person being searched.\n(sec.400-ssec.3) Before carrying out the search, 1 of the searchers must tell the person— that the person will be required to remove the person’s clothing during the search; and why it is necessary to remove the clothing.\n(sec.400-ssec.4) The searcher must— ensure the search is carried out in a part of a building that ensures the person’s privacy; and ensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and take reasonable care to protect the person’s dignity; and carry out the search as quickly as practicable; and allow the person to dress as soon as the search is finished.\n(sec.400-ssec.5) The searcher must, if reasonably practicable, give the person the opportunity to remain partly clothed during the search, including, for example, by allowing the person to dress the person’s upper body before being required to remove clothing from the lower part of the body.\n(sec.400-ssec.6) If the searcher seizes clothing because of the search, the searcher must ensure the person is left with, or given, reasonably appropriate clothing.\n(sec.400-ssec.7) In this section— gender preferred , by the person being searched, see section 399 (2) (a) (i) .\n- (a) that the person will be required to remove the person’s clothing during the search; and\n- (b) why it is necessary to remove the clothing.\n- (a) ensure the search is carried out in a part of a building that ensures the person’s privacy; and\n- (b) ensure, to the extent practicable, that the way in which the person is searched causes minimal embarrassment to the person; and\n- (c) take reasonable care to protect the person’s dignity; and\n- (d) carry out the search as quickly as practicable; and\n- (e) allow the person to dress as soon as the search is finished.","sortOrder":540},{"sectionNumber":"sec.401","sectionType":"section","heading":"Requirements for search of possessions","content":"### sec.401 Requirements for search of possessions\n\nA person authorised under division 3 , 4 or 5 to carry out a search of a person’s possessions (the searcher ) may—\nopen or inspect a thing in the person’s possession; and\nremove and inspect any detected thing.\nHowever, the searcher may exercise a power to inspect a thing under subsection (1) only if the person is present or has been given the opportunity to be present.\nSubsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers.\n(sec.401-ssec.1) A person authorised under division 3 , 4 or 5 to carry out a search of a person’s possessions (the searcher ) may— open or inspect a thing in the person’s possession; and remove and inspect any detected thing.\n(sec.401-ssec.2) However, the searcher may exercise a power to inspect a thing under subsection (1) only if the person is present or has been given the opportunity to be present.\n(sec.401-ssec.3) Subsection (2) does not apply if the person obstructs the searcher in the exercise of the searcher’s powers.\n- (a) open or inspect a thing in the person’s possession; and\n- (b) remove and inspect any detected thing.","sortOrder":541},{"sectionNumber":"ch.11-pt.7-div.7","sectionType":"division","heading":"Records of searches","content":"## Records of searches","sortOrder":542},{"sectionNumber":"sec.402","sectionType":"section","heading":"Record of search must be made","content":"### sec.402 Record of search must be made\n\nThis section applies if—\na search requiring the removal of clothing is carried out under division 3 or 4 ; or\na person seizes anything found during a search under this part.\nAs soon as practicable after carrying out the search, the person who carried out the search must make a written record of the following details of the search—\nthe reasons for the search;\nthe names of the persons present during the search;\nhow the search was carried out;\ndetails of anything seized, including the reasons for seizing.\n(sec.402-ssec.1) This section applies if— a search requiring the removal of clothing is carried out under division 3 or 4 ; or a person seizes anything found during a search under this part.\n(sec.402-ssec.2) As soon as practicable after carrying out the search, the person who carried out the search must make a written record of the following details of the search— the reasons for the search; the names of the persons present during the search; how the search was carried out; details of anything seized, including the reasons for seizing.\n- (a) a search requiring the removal of clothing is carried out under division 3 or 4 ; or\n- (b) a person seizes anything found during a search under this part.\n- (a) the reasons for the search;\n- (b) the names of the persons present during the search;\n- (c) how the search was carried out;\n- (d) details of anything seized, including the reasons for seizing.","sortOrder":543},{"sectionNumber":"ch.11-pt.7-div.8","sectionType":"division","heading":"Seizure","content":"## Seizure","sortOrder":544},{"sectionNumber":"sec.403","sectionType":"section","heading":"Seizure of harmful or other thing","content":"### sec.403 Seizure of harmful or other thing\n\nA person authorised under this part to carry out a search (the searcher ) may seize anything found during the search that the searcher reasonably suspects is—\nconnected with, or is evidence of, the commission or intended commission of an offence against an Act; or\nfor a search under division 2 , 3 or 4 —a harmful thing.\nIf the searcher believes a seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the searcher must give it to an authorised inspector for the Act .\nThe seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the searcher had seized it under the provisions of the Act that relate to the offence.\nIf the authorised inspector is not reasonably satisfied the thing is evidence of the commission or intended commission of an offence against the Act , the authorised inspector must return it to the searcher who must deal with it under this section.\nIf the searcher believes a thing seized from a patient, or a thing returned under subsection (4) , is a harmful thing, the searcher must—\nkeep it for the patient and give it to the patient on the patient’s discharge from the authorised mental health service or public sector health service facility; or\ngive it to someone else if the patient is able to give, and has given, agreement to do so; or\nif the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or\nif the searcher is satisfied it is of negligible value—dispose of it in the way the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, believes appropriate.\nA thing seized from a visitor, and returned to the searcher under subsection (4) , is forfeited to the State if the searcher—\ncan not find the visitor from whom it was seized, after making reasonable inquiries; or\ncan not return it to the visitor, after making reasonable efforts.\nIn applying subsection (6) —\nsubsection (6) (a) does not require the searcher to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the visitor; and\nsubsection (6) (b) does not require the searcher to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to the visitor.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\nIn this section—\nauthorised inspector , for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions.\nseizure provisions , of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act .\n(sec.403-ssec.1) A person authorised under this part to carry out a search (the searcher ) may seize anything found during the search that the searcher reasonably suspects is— connected with, or is evidence of, the commission or intended commission of an offence against an Act; or for a search under division 2 , 3 or 4 —a harmful thing.\n(sec.403-ssec.2) If the searcher believes a seized thing is connected with, or is evidence of, the commission or intended commission of an offence against an Act, the searcher must give it to an authorised inspector for the Act .\n(sec.403-ssec.3) The seizure provisions of the Act mentioned in subsection (2) apply to the thing as if the searcher had seized it under the provisions of the Act that relate to the offence.\n(sec.403-ssec.4) If the authorised inspector is not reasonably satisfied the thing is evidence of the commission or intended commission of an offence against the Act , the authorised inspector must return it to the searcher who must deal with it under this section.\n(sec.403-ssec.5) If the searcher believes a thing seized from a patient, or a thing returned under subsection (4) , is a harmful thing, the searcher must— keep it for the patient and give it to the patient on the patient’s discharge from the authorised mental health service or public sector health service facility; or give it to someone else if the patient is able to give, and has given, agreement to do so; or if the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or if the searcher is satisfied it is of negligible value—dispose of it in the way the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, believes appropriate.\n(sec.403-ssec.6) A thing seized from a visitor, and returned to the searcher under subsection (4) , is forfeited to the State if the searcher— can not find the visitor from whom it was seized, after making reasonable inquiries; or can not return it to the visitor, after making reasonable efforts.\n(sec.403-ssec.7) In applying subsection (6) — subsection (6) (a) does not require the searcher to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the visitor; and subsection (6) (b) does not require the searcher to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to the visitor.\n(sec.403-ssec.8) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.403-ssec.9) In this section— authorised inspector , for an Act, means a person who is authorised under the Act to perform inspection and enforcement functions. seizure provisions , of an Act, means the provisions of the Act relating to the access to, and retention, disposal and forfeiture of, a thing after its seizure under the Act .\n- (a) connected with, or is evidence of, the commission or intended commission of an offence against an Act; or\n- (b) for a search under division 2 , 3 or 4 —a harmful thing.\n- (a) keep it for the patient and give it to the patient on the patient’s discharge from the authorised mental health service or public sector health service facility; or\n- (b) give it to someone else if the patient is able to give, and has given, agreement to do so; or\n- (c) if the searcher is satisfied someone else is entitled to possession of the thing—give or send it to the person; or\n- (d) if the searcher is satisfied it is of negligible value—dispose of it in the way the administrator of the authorised mental health service, or the person in charge of the public sector health service facility, believes appropriate.\n- (a) can not find the visitor from whom it was seized, after making reasonable inquiries; or\n- (b) can not return it to the visitor, after making reasonable efforts.\n- (a) subsection (6) (a) does not require the searcher to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the visitor; and\n- (b) subsection (6) (b) does not require the searcher to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to the visitor.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":545},{"sectionNumber":"sec.404","sectionType":"section","heading":"Receipt for seized thing","content":"### sec.404 Receipt for seized thing\n\nA person authorised under this part to carry out a search must give a receipt for a thing seized to the person from whom it was seized.\nThe receipt must describe generally the thing seized and its condition.\n(sec.404-ssec.1) A person authorised under this part to carry out a search must give a receipt for a thing seized to the person from whom it was seized.\n(sec.404-ssec.2) The receipt must describe generally the thing seized and its condition.","sortOrder":546},{"sectionNumber":"sec.405","sectionType":"section","heading":"Access to seized thing","content":"### sec.405 Access to seized thing\n\nThis section applies to a thing seized on a search under this part.\nUntil the thing is forfeited or returned under this division, the searcher must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.405-ssec.1) This section applies to a thing seized on a search under this part.\n(sec.405-ssec.2) Until the thing is forfeited or returned under this division, the searcher must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.405-ssec.3) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":547},{"sectionNumber":"ch.11-pt.7-div.9","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":548},{"sectionNumber":"sec.406","sectionType":"section","heading":"Approval of identity card","content":"### sec.406 Approval of identity card\n\nThe administrator of an authorised mental health service that is a high security unit or approved service must approve an identity card for each authorised security officer for the service.\nAn approved identity card for an authorised security officer must—\ncontain a recent photograph of the officer; and\nidentify the person as an authorised security officer.\nIn this section—\napproved service means an authorised mental health service, or part of an authorised mental health service, approved by the chief psychiatrist under section 389 (b) for the purpose of division 4 , or under section 391 (b) for the purpose of division 5 .\n(sec.406-ssec.1) The administrator of an authorised mental health service that is a high security unit or approved service must approve an identity card for each authorised security officer for the service.\n(sec.406-ssec.2) An approved identity card for an authorised security officer must— contain a recent photograph of the officer; and identify the person as an authorised security officer.\n(sec.406-ssec.3) In this section— approved service means an authorised mental health service, or part of an authorised mental health service, approved by the chief psychiatrist under section 389 (b) for the purpose of division 4 , or under section 391 (b) for the purpose of division 5 .\n- (a) contain a recent photograph of the officer; and\n- (b) identify the person as an authorised security officer.","sortOrder":549},{"sectionNumber":"ch.11-pt.7-div.10","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":550},{"sectionNumber":"sec.407","sectionType":"section","heading":"Compensation for damage to possessions","content":"### sec.407 Compensation for damage to possessions\n\nA patient or visitor (the claimant ) may claim from the State the cost of repairing or replacing the claimant’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—\nbrought in a court of competent jurisdiction; or\nfor an offence against this Act brought against the claimant.\nA court may order an amount be paid only if it is 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.407-ssec.1) A patient or visitor (the claimant ) may claim from the State the cost of repairing or replacing the claimant’s possessions damaged in the exercise or purported exercise of a power under this part.\n(sec.407-ssec.2) The cost may be claimed and ordered in a proceeding— brought in a court of competent jurisdiction; or for an offence against this Act brought against the claimant.\n(sec.407-ssec.3) A court may order an amount be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.407-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.\n- (a) brought in a court of competent jurisdiction; or\n- (b) for an offence against this Act brought against the claimant.","sortOrder":551},{"sectionNumber":"ch.11-pt.7-div.11","sectionType":"division","heading":"Exclusion of visitors","content":"## Exclusion of visitors","sortOrder":552},{"sectionNumber":"sec.408","sectionType":"section","heading":"Administrator may refuse to allow person to visit patient","content":"### sec.408 Administrator may refuse to allow person to visit patient\n\nThe administrator of an authorised mental health service may refuse to allow a person to visit a patient of the service if the administrator is satisfied the proposed visit will adversely affect the patient’s treatment and care.\nThe administrator may be satisfied a patient’s treatment and care will be adversely affected if, on a previous visit by a person, the patient’s mental state deteriorated.\nThe administrator must give the person written notice of the decision.\nThe notice must state—\nthe reasons for the decision; and\nthat the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and\nhow the appeal is made.\nThis section does not permit the administrator to refuse to allow either of the following to visit a patient of the service—\na person performing a function under an Act, including, for example, a community visitor performing a function under the Public Guardian Act 2014 ;\na legal representative or health practitioner requested by the patient to visit.\n(sec.408-ssec.1) The administrator of an authorised mental health service may refuse to allow a person to visit a patient of the service if the administrator is satisfied the proposed visit will adversely affect the patient’s treatment and care. The administrator may be satisfied a patient’s treatment and care will be adversely affected if, on a previous visit by a person, the patient’s mental state deteriorated.\n(sec.408-ssec.2) The administrator must give the person written notice of the decision.\n(sec.408-ssec.3) The notice must state— the reasons for the decision; and that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and how the appeal is made.\n(sec.408-ssec.4) This section does not permit the administrator to refuse to allow either of the following to visit a patient of the service— a person performing a function under an Act, including, for example, a community visitor performing a function under the Public Guardian Act 2014 ; a legal representative or health practitioner requested by the patient to visit.\n- (a) the reasons for the decision; and\n- (b) that the person may appeal to the tribunal against the decision within 28 days after the person receives the notice; and\n- (c) how the appeal is made.\n- (a) a person performing a function under an Act, including, for example, a community visitor performing a function under the Public Guardian Act 2014 ;\n- (b) a legal representative or health practitioner requested by the patient to visit.","sortOrder":553},{"sectionNumber":"ch.12-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":554},{"sectionNumber":"sec.409","sectionType":"section","heading":"Purpose of ch 12","content":"### sec.409 Purpose of ch 12\n\nThe purpose of this chapter is to provide for the tribunal—\nto review the following—\ntreatment authorities;\nforensic orders;\ntreatment support orders;\nthe fitness for trial of particular persons;\nthe detention of minors in high security units; and\nto hear applications for the following—\nexamination authorities;\napprovals of regulated treatment;\napprovals of transfers of particular persons into and out of Queensland.\n- (a) to review the following— (i) treatment authorities; (ii) forensic orders; (iii) treatment support orders; (iv) the fitness for trial of particular persons; (v) the detention of minors in high security units; and\n- (i) treatment authorities;\n- (ii) forensic orders;\n- (iii) treatment support orders;\n- (iv) the fitness for trial of particular persons;\n- (v) the detention of minors in high security units; and\n- (i) treatment authorities;\n- (ii) forensic orders;\n- (iii) treatment support orders;\n- (iv) the fitness for trial of particular persons;\n- (v) the detention of minors in high security units; and\n- (b) to hear applications for the following— (i) examination authorities; (ii) approvals of regulated treatment; (iii) approvals of transfers of particular persons into and out of Queensland.\n- (i) examination authorities;\n- (ii) approvals of regulated treatment;\n- (iii) approvals of transfers of particular persons into and out of Queensland.\n- (i) examination authorities;\n- (ii) approvals of regulated treatment;\n- (iii) approvals of transfers of particular persons into and out of Queensland.","sortOrder":555},{"sectionNumber":"sec.410","sectionType":"section","heading":"Particular decisions of no effect for classified patient","content":"### sec.410 Particular decisions of no effect for classified patient\n\nThis section applies if the tribunal does any of the following on a review of a treatment authority, forensic order or treatment support order for a person who is a classified patient—\nchanges the category of the authority or order to community;\norders limited community treatment for the person;\napproves limited community treatment for the person.\nThe change, order or approval is of no effect while the person is a classified patient.\n(sec.410-ssec.1) This section applies if the tribunal does any of the following on a review of a treatment authority, forensic order or treatment support order for a person who is a classified patient— changes the category of the authority or order to community; orders limited community treatment for the person; approves limited community treatment for the person.\n(sec.410-ssec.2) The change, order or approval is of no effect while the person is a classified patient.\n- (a) changes the category of the authority or order to community;\n- (b) orders limited community treatment for the person;\n- (c) approves limited community treatment for the person.","sortOrder":556},{"sectionNumber":"ch.12-pt.2","sectionType":"part","heading":"Review of treatment authorities","content":"# Review of treatment authorities","sortOrder":557},{"sectionNumber":"ch.12-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":558},{"sectionNumber":"sec.411","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.411 Definitions for pt 2\n\nIn this part—\napplicant review , of a treatment authority, see section 413 (2) .\nperiodic review , of a treatment authority, see section 413 (1) .\nreview , of a treatment authority, means any of the following—\na periodic review of the authority;\nan applicant review of the authority;\na tribunal review of the authority.\ntribunal review , of a treatment authority, see section 413 (3) and (4) .\n- (a) a periodic review of the authority;\n- (b) an applicant review of the authority;\n- (c) a tribunal review of the authority.","sortOrder":559},{"sectionNumber":"sec.412","sectionType":"section","heading":"Matters to which tribunal must have regard","content":"### sec.412 Matters to which tribunal must have regard\n\nIn making a decision under this part in relation to a review of a treatment authority, the tribunal must have regard to the relevant circumstances of the person subject to the authority.\ndeciding whether to confirm or revoke the authority\ndeciding whether to confirm or change the category of the authority\ndeciding whether the person is to receive any treatment in the community\ndeciding whether to change or remove a condition to which the authority is subject or to impose a condition on the authority\nSubsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.\n(sec.412-ssec.1) In making a decision under this part in relation to a review of a treatment authority, the tribunal must have regard to the relevant circumstances of the person subject to the authority. deciding whether to confirm or revoke the authority deciding whether to confirm or change the category of the authority deciding whether the person is to receive any treatment in the community deciding whether to change or remove a condition to which the authority is subject or to impose a condition on the authority\n(sec.412-ssec.2) Subsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.\n- • deciding whether to confirm or revoke the authority\n- • deciding whether to confirm or change the category of the authority\n- • deciding whether the person is to receive any treatment in the community\n- • deciding whether to change or remove a condition to which the authority is subject or to impose a condition on the authority","sortOrder":560},{"sectionNumber":"ch.12-pt.2-div.2","sectionType":"division","heading":"When particular reviews are conducted","content":"## When particular reviews are conducted","sortOrder":561},{"sectionNumber":"sec.413","sectionType":"section","heading":"When reviews are conducted","content":"### sec.413 When reviews are conducted\n\nThe tribunal must review (a periodic review ) a treatment authority—\nwithin 28 days after the authority is made; and\nwithin 6 months after the review under paragraph (a) is completed; and\nwithin 6 months after the review under paragraph (b) is completed; and\nat intervals of not more than 12 months after the review under paragraph (c) is completed.\nAlso, the tribunal must review (an applicant review ) a treatment authority on application by—\nthe person subject to the authority; or\nan interested person for the person mentioned in paragraph (a) ; or\nthe chief psychiatrist.\nFurther, the tribunal may at any time, on its own initiative, review (a tribunal review ) a treatment authority.\nIf the tribunal receives written notice under section 210 (3) of the amendment of a treatment authority, the tribunal must review (also a tribunal review ) the authority within 14 days after receiving the notice.\nThis section is subject to sections 414 to 416 and chapter 16 , part 2 , division 6 , subdivision 2 .\n(sec.413-ssec.1) The tribunal must review (a periodic review ) a treatment authority— within 28 days after the authority is made; and within 6 months after the review under paragraph (a) is completed; and within 6 months after the review under paragraph (b) is completed; and at intervals of not more than 12 months after the review under paragraph (c) is completed.\n(sec.413-ssec.2) Also, the tribunal must review (an applicant review ) a treatment authority on application by— the person subject to the authority; or an interested person for the person mentioned in paragraph (a) ; or the chief psychiatrist.\n(sec.413-ssec.3) Further, the tribunal may at any time, on its own initiative, review (a tribunal review ) a treatment authority.\n(sec.413-ssec.4) If the tribunal receives written notice under section 210 (3) of the amendment of a treatment authority, the tribunal must review (also a tribunal review ) the authority within 14 days after receiving the notice.\n(sec.413-ssec.5) This section is subject to sections 414 to 416 and chapter 16 , part 2 , division 6 , subdivision 2 .\n- (a) within 28 days after the authority is made; and\n- (b) within 6 months after the review under paragraph (a) is completed; and\n- (c) within 6 months after the review under paragraph (b) is completed; and\n- (d) at intervals of not more than 12 months after the review under paragraph (c) is completed.\n- (a) the person subject to the authority; or\n- (b) an interested person for the person mentioned in paragraph (a) ; or\n- (c) the chief psychiatrist.","sortOrder":562},{"sectionNumber":"sec.414","sectionType":"section","heading":"When periodic review deferred","content":"### sec.414 When periodic review deferred\n\nThis section applies if—\nan applicant review or a tribunal review (each a previous review ) of a treatment authority has been completed—\nwithin 6 months before a periodic review (the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (b) or (c) ; or\nwithin 12 months before a periodic review (also the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (d) ; and\nthe tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.\nSection 413 (1) is taken to require the next scheduled review of the treatment authority to be conducted—\nif the next scheduled review is to be conducted under section 413 (1) (b) or (c) —within 6 months after the previous review was completed; or\nif the next scheduled review is to be conducted under section 413 (1) (d) —within 12 months after the previous review was completed.\n(sec.414-ssec.1) This section applies if— an applicant review or a tribunal review (each a previous review ) of a treatment authority has been completed— within 6 months before a periodic review (the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (b) or (c) ; or within 12 months before a periodic review (also the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (d) ; and the tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.\n(sec.414-ssec.2) Section 413 (1) is taken to require the next scheduled review of the treatment authority to be conducted— if the next scheduled review is to be conducted under section 413 (1) (b) or (c) —within 6 months after the previous review was completed; or if the next scheduled review is to be conducted under section 413 (1) (d) —within 12 months after the previous review was completed.\n- (a) an applicant review or a tribunal review (each a previous review ) of a treatment authority has been completed— (i) within 6 months before a periodic review (the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (b) or (c) ; or (ii) within 12 months before a periodic review (also the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (d) ; and\n- (i) within 6 months before a periodic review (the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (b) or (c) ; or\n- (ii) within 12 months before a periodic review (also the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (d) ; and\n- (b) the tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.\n- (i) within 6 months before a periodic review (the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (b) or (c) ; or\n- (ii) within 12 months before a periodic review (also the next scheduled review ) of the treatment authority must be conducted under section 413 (1) (d) ; and\n- (a) if the next scheduled review is to be conducted under section 413 (1) (b) or (c) —within 6 months after the previous review was completed; or\n- (b) if the next scheduled review is to be conducted under section 413 (1) (d) —within 12 months after the previous review was completed.","sortOrder":563},{"sectionNumber":"sec.415","sectionType":"section","heading":"When tribunal must not conduct review","content":"### sec.415 When tribunal must not conduct review\n\nThe tribunal must not conduct a review of a treatment authority if—\nan appeal to the Mental Health Court against the tribunal’s decision on a review of the authority is pending; and\nthe court has stayed the tribunal’s decision on the review of the authority.\n- (a) an appeal to the Mental Health Court against the tribunal’s decision on a review of the authority is pending; and\n- (b) the court has stayed the tribunal’s decision on the review of the authority.","sortOrder":564},{"sectionNumber":"sec.416","sectionType":"section","heading":"When particular tribunal review is not required","content":"### sec.416 When particular tribunal review is not required\n\nThis section applies to a tribunal review of a treatment authority mentioned in section 413 (4) , if the tribunal receives written notice under section 210 (5) of the amendment of the authority.\nThe tribunal is not required to conduct, or complete the hearing of, the review.\n(sec.416-ssec.1) This section applies to a tribunal review of a treatment authority mentioned in section 413 (4) , if the tribunal receives written notice under section 210 (5) of the amendment of the authority.\n(sec.416-ssec.2) The tribunal is not required to conduct, or complete the hearing of, the review.","sortOrder":565},{"sectionNumber":"ch.12-pt.2-div.3","sectionType":"division","heading":"Applications and notices of hearings","content":"## Applications and notices of hearings","sortOrder":566},{"sectionNumber":"sec.417","sectionType":"section","heading":"Application for applicant review to state orders sought","content":"### sec.417 Application for applicant review to state orders sought\n\nAn application for an applicant review of a treatment authority must state the orders sought by the applicant.\nAn order sought must be an order mentioned in division 4 .\n(sec.417-ssec.1) An application for an applicant review of a treatment authority must state the orders sought by the applicant.\n(sec.417-ssec.2) An order sought must be an order mentioned in division 4 .","sortOrder":567},{"sectionNumber":"sec.418","sectionType":"section","heading":"Notice of hearing","content":"### sec.418 Notice of hearing\n\nThe tribunal must give each of the following persons written notice of the hearing of a review of a treatment authority—\nthe person subject to the authority;\nfor an applicant review, if the person is not the applicant—the applicant;\nthe administrator of the authorised mental health service responsible for the person;\nif the person is a classified patient—the chief psychiatrist.\nThe notice must be given at least 7 days before the hearing.\nIf the review is a tribunal review, the notice must state—\nfor a tribunal review mentioned in section 413 (4) —that the tribunal proposes to consider whether to confirm the category of the treatment authority as inpatient; or\nfor another tribunal review—any particular matter the tribunal proposes to consider on the review.\n(sec.418-ssec.1) The tribunal must give each of the following persons written notice of the hearing of a review of a treatment authority— the person subject to the authority; for an applicant review, if the person is not the applicant—the applicant; the administrator of the authorised mental health service responsible for the person; if the person is a classified patient—the chief psychiatrist.\n(sec.418-ssec.2) The notice must be given at least 7 days before the hearing.\n(sec.418-ssec.3) If the review is a tribunal review, the notice must state— for a tribunal review mentioned in section 413 (4) —that the tribunal proposes to consider whether to confirm the category of the treatment authority as inpatient; or for another tribunal review—any particular matter the tribunal proposes to consider on the review.\n- (a) the person subject to the authority;\n- (b) for an applicant review, if the person is not the applicant—the applicant;\n- (c) the administrator of the authorised mental health service responsible for the person;\n- (d) if the person is a classified patient—the chief psychiatrist.\n- (a) for a tribunal review mentioned in section 413 (4) —that the tribunal proposes to consider whether to confirm the category of the treatment authority as inpatient; or\n- (b) for another tribunal review—any particular matter the tribunal proposes to consider on the review.","sortOrder":568},{"sectionNumber":"ch.12-pt.2-div.4","sectionType":"division","heading":"Decisions and orders","content":"## Decisions and orders","sortOrder":569},{"sectionNumber":"sec.419","sectionType":"section","heading":"Decisions","content":"### sec.419 Decisions\n\nOn a periodic review of a treatment authority, the tribunal must decide to—\nconfirm the authority; or\nrevoke the authority.\nSee subdivision 2 for the orders the tribunal may make if it confirms the authority.\nOn an applicant review of a treatment authority, the tribunal—\nmust decide whether to make the orders sought by the applicant; and\nmay make the orders under this division it considers appropriate.\nOn a tribunal review of a treatment authority, the tribunal—\nmust decide any particular matter stated in the notice given under section 418 (3) ; and\nmay make the orders under this division it considers appropriate.\n(sec.419-ssec.1) On a periodic review of a treatment authority, the tribunal must decide to— confirm the authority; or revoke the authority. See subdivision 2 for the orders the tribunal may make if it confirms the authority.\n(sec.419-ssec.2) On an applicant review of a treatment authority, the tribunal— must decide whether to make the orders sought by the applicant; and may make the orders under this division it considers appropriate.\n(sec.419-ssec.3) On a tribunal review of a treatment authority, the tribunal— must decide any particular matter stated in the notice given under section 418 (3) ; and may make the orders under this division it considers appropriate.\n- (a) confirm the authority; or\n- (b) revoke the authority. Note— See subdivision 2 for the orders the tribunal may make if it confirms the authority.\n- (a) must decide whether to make the orders sought by the applicant; and\n- (b) may make the orders under this division it considers appropriate.\n- (a) must decide any particular matter stated in the notice given under section 418 (3) ; and\n- (b) may make the orders under this division it considers appropriate.","sortOrder":570},{"sectionNumber":"sec.420","sectionType":"section","heading":"Administrator to provide report","content":"### sec.420 Administrator to provide report\n\nFor a periodic review of a treatment authority under section 413 (1) (c) , if the person subject to the authority does not have a personal guardian—\nthe administrator of the person’s treating health service must give the tribunal a report about whether the appointment of a personal guardian for the person may result in there being a less restrictive way for the person to receive treatment and care for the person’s mental illness; and\nthe tribunal must consider whether the appointment of a personal guardian for the person may result in there being a less restrictive way for the person to receive treatment and care for the person’s mental illness.\nIn this section—\nhealth matter see the Guardianship and Administration Act 2000 , schedule 2 , section 4 .\npersonal guardian , of a person, means a guardian for a health matter appointed by QCAT for the person under the Guardianship and Administration Act 2000 .\ns 420 amd 2017 No. 3 s 36\n(sec.420-ssec.1) For a periodic review of a treatment authority under section 413 (1) (c) , if the person subject to the authority does not have a personal guardian— the administrator of the person’s treating health service must give the tribunal a report about whether the appointment of a personal guardian for the person may result in there being a less restrictive way for the person to receive treatment and care for the person’s mental illness; and the tribunal must consider whether the appointment of a personal guardian for the person may result in there being a less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.420-ssec.2) In this section— health matter see the Guardianship and Administration Act 2000 , schedule 2 , section 4 . personal guardian , of a person, means a guardian for a health matter appointed by QCAT for the person under the Guardianship and Administration Act 2000 . s 420 amd 2017 No. 3 s 36\n- (a) the administrator of the person’s treating health service must give the tribunal a report about whether the appointment of a personal guardian for the person may result in there being a less restrictive way for the person to receive treatment and care for the person’s mental illness; and\n- (b) the tribunal must consider whether the appointment of a personal guardian for the person may result in there being a less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":571},{"sectionNumber":"sec.421","sectionType":"section","heading":"Requirement to revoke treatment authority","content":"### sec.421 Requirement to revoke treatment authority\n\nOn a review of a treatment authority, the tribunal must revoke the authority if the tribunal considers—\nthe treatment criteria no longer apply to the person subject to the authority; or\nthere is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\nHowever, subsection (1) does not apply if the tribunal considers the person’s capacity to consent to be treated for the person’s mental illness is not stable.\nthe person gains and loses capacity to consent to be treated during a short time period\n(sec.421-ssec.1) On a review of a treatment authority, the tribunal must revoke the authority if the tribunal considers— the treatment criteria no longer apply to the person subject to the authority; or there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.421-ssec.2) However, subsection (1) does not apply if the tribunal considers the person’s capacity to consent to be treated for the person’s mental illness is not stable. the person gains and loses capacity to consent to be treated during a short time period\n- (a) the treatment criteria no longer apply to the person subject to the authority; or\n- (b) there is a less restrictive way for the person to receive treatment and care for the person’s mental illness.","sortOrder":572},{"sectionNumber":"sec.422","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.422 Application of sdiv 2\n\nThis subdivision applies if, on a review of a treatment authority, the tribunal confirms the authority.","sortOrder":573},{"sectionNumber":"sec.423","sectionType":"section","heading":"Change of category to community","content":"### sec.423 Change of category to community\n\nIf the category of the treatment authority is inpatient, the tribunal must change the category of the authority to community unless the tribunal considers that 1 or more of the following can not reasonably be met if the category of the authority is community—\nthe person’s treatment and care needs;\nthe safety and welfare of the person;\nthe safety of others.\n- (a) the person’s treatment and care needs;\n- (b) the safety and welfare of the person;\n- (c) the safety of others.","sortOrder":574},{"sectionNumber":"sec.424","sectionType":"section","heading":"Community category—deciding whether authorised doctor may reduce treatment in community","content":"### sec.424 Community category—deciding whether authorised doctor may reduce treatment in community\n\nThis section applies if—\nthe category of the treatment authority is community; or\nthe tribunal changes the category of the treatment authority to community under section 423 .\nThe tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.\n(sec.424-ssec.1) This section applies if— the category of the treatment authority is community; or the tribunal changes the category of the treatment authority to community under section 423 .\n(sec.424-ssec.2) The tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.\n- (a) the category of the treatment authority is community; or\n- (b) the tribunal changes the category of the treatment authority to community under section 423 .","sortOrder":575},{"sectionNumber":"sec.425","sectionType":"section","heading":"Inpatient category—limited community treatment","content":"### sec.425 Inpatient category—limited community treatment\n\nThis section applies if the category of the treatment authority is inpatient.\nThe tribunal may approve limited community treatment, or an extension of limited community treatment, for the person.\nIn deciding whether to approve or extend limited community treatment under subsection (2) , the tribunal must have regard to the purpose of limited community treatment.\nIf the tribunal approves or extends limited community treatment under subsection (2) , the tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.\n(sec.425-ssec.1) This section applies if the category of the treatment authority is inpatient.\n(sec.425-ssec.2) The tribunal may approve limited community treatment, or an extension of limited community treatment, for the person.\n(sec.425-ssec.3) In deciding whether to approve or extend limited community treatment under subsection (2) , the tribunal must have regard to the purpose of limited community treatment.\n(sec.425-ssec.4) If the tribunal approves or extends limited community treatment under subsection (2) , the tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.","sortOrder":576},{"sectionNumber":"sec.426","sectionType":"section","heading":"Conditions","content":"### sec.426 Conditions\n\nThe tribunal may—\nchange or remove a condition to which the treatment authority is subject; or\nimpose a condition on the treatment authority.\nHowever, the tribunal may not impose a condition on the treatment authority that requires the person to take a particular medication or a particular dosage of a medication.\n(sec.426-ssec.1) The tribunal may— change or remove a condition to which the treatment authority is subject; or impose a condition on the treatment authority.\n(sec.426-ssec.2) However, the tribunal may not impose a condition on the treatment authority that requires the person to take a particular medication or a particular dosage of a medication.\n- (a) change or remove a condition to which the treatment authority is subject; or\n- (b) impose a condition on the treatment authority.","sortOrder":577},{"sectionNumber":"sec.427","sectionType":"section","heading":"Transfer to another authorised mental health service","content":"### sec.427 Transfer to another authorised mental health service\n\nThe tribunal may order the person’s transfer to another authorised mental health service to provide treatment and care for the person.\nIn deciding whether to order the person’s transfer under subsection (1) , the tribunal must have regard to the following—\nthe person’s mental state and psychiatric history;\nthe person’s treatment and care needs;\nthe capacity of the authorised mental health service to which the person is to be transferred;\nto the greatest extent practicable, the views, wishes and preferences of the person;\nwithout limiting paragraphs (a) to (d) , whether the transfer is appropriate in the circumstances.\nto allow the person to be in closer proximity to their family, carers or other support persons\ns 427 amd 2022 No. 1 s 78\n(sec.427-ssec.1) The tribunal may order the person’s transfer to another authorised mental health service to provide treatment and care for the person.\n(sec.427-ssec.2) In deciding whether to order the person’s transfer under subsection (1) , the tribunal must have regard to the following— the person’s mental state and psychiatric history; the person’s treatment and care needs; the capacity of the authorised mental health service to which the person is to be transferred; to the greatest extent practicable, the views, wishes and preferences of the person; without limiting paragraphs (a) to (d) , whether the transfer is appropriate in the circumstances. to allow the person to be in closer proximity to their family, carers or other support persons\n- (a) the person’s mental state and psychiatric history;\n- (b) the person’s treatment and care needs;\n- (c) the capacity of the authorised mental health service to which the person is to be transferred;\n- (d) to the greatest extent practicable, the views, wishes and preferences of the person;\n- (e) without limiting paragraphs (a) to (d) , whether the transfer is appropriate in the circumstances. Example of when a transfer under this section may be appropriate— to allow the person to be in closer proximity to their family, carers or other support persons","sortOrder":578},{"sectionNumber":"sec.428","sectionType":"section","heading":"Change of category to inpatient","content":"### sec.428 Change of category to inpatient\n\nThis section applies if the category of the treatment authority is community.\nThe tribunal may change the category of the treatment authority to inpatient, but only if the tribunal considers it is reasonably necessary for an authorised doctor to examine the person in order to review the person’s treatment and care needs.\nUnder section 209 , the authorised doctor who examines the person may change the nature or extent of the person’s treatment in the community.\nIf the tribunal changes the category of the treatment authority under this section to inpatient, the tribunal may authorise an authorised person to transport the person to an inpatient unit of a stated authorised mental health service.\nFor subsection (3) , an authorised person may transport the person to an inpatient unit of the stated authorised mental health service.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.428-ssec.1) This section applies if the category of the treatment authority is community.\n(sec.428-ssec.2) The tribunal may change the category of the treatment authority to inpatient, but only if the tribunal considers it is reasonably necessary for an authorised doctor to examine the person in order to review the person’s treatment and care needs. Under section 209 , the authorised doctor who examines the person may change the nature or extent of the person’s treatment in the community.\n(sec.428-ssec.3) If the tribunal changes the category of the treatment authority under this section to inpatient, the tribunal may authorise an authorised person to transport the person to an inpatient unit of a stated authorised mental health service.\n(sec.428-ssec.4) For subsection (3) , an authorised person may transport the person to an inpatient unit of the stated authorised mental health service. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .","sortOrder":579},{"sectionNumber":"sec.429","sectionType":"section","heading":"Other orders","content":"### sec.429 Other orders\n\nSubject to the other provisions of this subdivision, the tribunal may provide for any other matter the tribunal considers appropriate.","sortOrder":580},{"sectionNumber":"ch.12-pt.3","sectionType":"part","heading":"Review of forensic orders (mental health) and forensic orders (disability)","content":"# Review of forensic orders (mental health) and forensic orders (disability)","sortOrder":581},{"sectionNumber":"ch.12-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":582},{"sectionNumber":"sec.430","sectionType":"section","heading":"Application of pt 3","content":"### sec.430 Application of pt 3\n\nThis part applies to a forensic order (mental health) or forensic order (disability).","sortOrder":583},{"sectionNumber":"sec.431","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.431 Definitions for pt 3\n\nIn this part—\napplicant review , of a forensic order (mental health) or forensic order (disability), see section 433 (2) .\nperiodic review , of a forensic order (mental health) or forensic order (disability), see section 433 (1) .\nreview , of a forensic order (mental health) or forensic order (disability), means—\nan applicant review of the order; or\na periodic review of the order; or\na tribunal review of the order.\ntribunal review , of a forensic order (mental health) or forensic order (disability), see section 433 (3) and (4) .\n- (a) an applicant review of the order; or\n- (b) a periodic review of the order; or\n- (c) a tribunal review of the order.","sortOrder":584},{"sectionNumber":"sec.432","sectionType":"section","heading":"Matters to which tribunal must have regard","content":"### sec.432 Matters to which tribunal must have regard\n\nIn making a decision under this part in relation to a review of a forensic order (mental health) or forensic order (disability), the tribunal must have regard to the following—\nthe relevant circumstances of the person subject to the order;\nthe nature of the relevant unlawful act and the period of time that has passed since the act happened;\nany victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act;\nif the Mental Health Court made a recommendation in the order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person.\ndeciding whether to confirm or revoke the order\ndeciding whether to confirm or change the category of the order\ndeciding whether the person is to receive any treatment in the community\ndeciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\nSubsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.\n(sec.432-ssec.1) In making a decision under this part in relation to a review of a forensic order (mental health) or forensic order (disability), the tribunal must have regard to the following— the relevant circumstances of the person subject to the order; the nature of the relevant unlawful act and the period of time that has passed since the act happened; any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act; if the Mental Health Court made a recommendation in the order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person. deciding whether to confirm or revoke the order deciding whether to confirm or change the category of the order deciding whether the person is to receive any treatment in the community deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\n(sec.432-ssec.2) Subsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.\n- (a) the relevant circumstances of the person subject to the order;\n- (b) the nature of the relevant unlawful act and the period of time that has passed since the act happened;\n- (c) any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act;\n- (d) if the Mental Health Court made a recommendation in the order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person. Examples of decisions in relation to a review of a forensic order— • deciding whether to confirm or revoke the order • deciding whether to confirm or change the category of the order • deciding whether the person is to receive any treatment in the community • deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\n- • deciding whether to confirm or revoke the order\n- • deciding whether to confirm or change the category of the order\n- • deciding whether the person is to receive any treatment in the community\n- • deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\n- • deciding whether to confirm or revoke the order\n- • deciding whether to confirm or change the category of the order\n- • deciding whether the person is to receive any treatment in the community\n- • deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order","sortOrder":585},{"sectionNumber":"ch.12-pt.3-div.2","sectionType":"division","heading":"When particular reviews are conducted","content":"## When particular reviews are conducted","sortOrder":586},{"sectionNumber":"sec.433","sectionType":"section","heading":"When reviews are conducted","content":"### sec.433 When reviews are conducted\n\nThe tribunal must review (a periodic review ) the forensic order—\nwithin 6 months after the order is made; and\nat intervals of not more than 6 months after the review under paragraph (a) is completed.\nAlso, the tribunal must review (an applicant review ) the forensic order on application by—\nthe person subject to the order; or\nan interested person for the person mentioned in paragraph (a) ; or\nthe Attorney-General; or\nif an authorised mental health service is responsible for the person—the chief psychiatrist; or\nif the forensic disability service is responsible for the person—the director of forensic disability.\nFurther, the tribunal may at any time, on its own initiative, review (a tribunal review ) the forensic order.\nIf the tribunal receives written notice under section 213 (3) of the amendment of the forensic order, the tribunal must review (also a tribunal review ) the order within 21 days after receiving the notice.\nThis section is subject to sections 434 to 437 and chapter 16 , part 2 , division 6 , subdivision 2 .\n(sec.433-ssec.1) The tribunal must review (a periodic review ) the forensic order— within 6 months after the order is made; and at intervals of not more than 6 months after the review under paragraph (a) is completed.\n(sec.433-ssec.2) Also, the tribunal must review (an applicant review ) the forensic order on application by— the person subject to the order; or an interested person for the person mentioned in paragraph (a) ; or the Attorney-General; or if an authorised mental health service is responsible for the person—the chief psychiatrist; or if the forensic disability service is responsible for the person—the director of forensic disability.\n(sec.433-ssec.3) Further, the tribunal may at any time, on its own initiative, review (a tribunal review ) the forensic order.\n(sec.433-ssec.4) If the tribunal receives written notice under section 213 (3) of the amendment of the forensic order, the tribunal must review (also a tribunal review ) the order within 21 days after receiving the notice.\n(sec.433-ssec.5) This section is subject to sections 434 to 437 and chapter 16 , part 2 , division 6 , subdivision 2 .\n- (a) within 6 months after the order is made; and\n- (b) at intervals of not more than 6 months after the review under paragraph (a) is completed.\n- (a) the person subject to the order; or\n- (b) an interested person for the person mentioned in paragraph (a) ; or\n- (c) the Attorney-General; or\n- (d) if an authorised mental health service is responsible for the person—the chief psychiatrist; or\n- (e) if the forensic disability service is responsible for the person—the director of forensic disability.","sortOrder":587},{"sectionNumber":"sec.434","sectionType":"section","heading":"When periodic review deferred","content":"### sec.434 When periodic review deferred\n\nThis section applies if—\nan applicant review or a tribunal review (each a previous review ) of the forensic order has been completed within 6 months before a periodic review (the next scheduled review ) of the order must be conducted under section 433 (1) (a) or (b) ; and\nthe tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.\nSection 433 (1) is taken to require the next scheduled review of the forensic order to be conducted within 6 months after the previous review was completed.\n(sec.434-ssec.1) This section applies if— an applicant review or a tribunal review (each a previous review ) of the forensic order has been completed within 6 months before a periodic review (the next scheduled review ) of the order must be conducted under section 433 (1) (a) or (b) ; and the tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.\n(sec.434-ssec.2) Section 433 (1) is taken to require the next scheduled review of the forensic order to be conducted within 6 months after the previous review was completed.\n- (a) an applicant review or a tribunal review (each a previous review ) of the forensic order has been completed within 6 months before a periodic review (the next scheduled review ) of the order must be conducted under section 433 (1) (a) or (b) ; and\n- (b) the tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.","sortOrder":588},{"sectionNumber":"sec.435","sectionType":"section","heading":"Requirement to conduct periodic review suspended","content":"### sec.435 Requirement to conduct periodic review suspended\n\nThis section applies if the person who is subject to the forensic order is transferred to an interstate mental health service or another country under part 10 , division 2 .\nThe tribunal is not required to conduct a periodic review of the forensic order under section 433 (1) while the person is out of Queensland because of the person’s transfer under part 10 , division 2 .\ns 435 amd 2022 No. 1 s 79\n(sec.435-ssec.1) This section applies if the person who is subject to the forensic order is transferred to an interstate mental health service or another country under part 10 , division 2 .\n(sec.435-ssec.2) The tribunal is not required to conduct a periodic review of the forensic order under section 433 (1) while the person is out of Queensland because of the person’s transfer under part 10 , division 2 .","sortOrder":589},{"sectionNumber":"sec.436","sectionType":"section","heading":"When tribunal must not conduct review","content":"### sec.436 When tribunal must not conduct review\n\nThe tribunal must not conduct a review of the forensic order if—\nan appeal to the Mental Health Court against the tribunal’s decision on a review of the order is pending; and\nthe court has stayed the tribunal’s decision on the review of the order.\n- (a) an appeal to the Mental Health Court against the tribunal’s decision on a review of the order is pending; and\n- (b) the court has stayed the tribunal’s decision on the review of the order.","sortOrder":590},{"sectionNumber":"sec.437","sectionType":"section","heading":"When particular tribunal review is not required","content":"### sec.437 When particular tribunal review is not required\n\nThis section applies to a tribunal review of the forensic order mentioned in section 433 (4) , if the tribunal receives written notice under section 213 (5) of the amendment of the order.\nThe tribunal is not required to conduct, or complete the hearing of, the review.\n(sec.437-ssec.1) This section applies to a tribunal review of the forensic order mentioned in section 433 (4) , if the tribunal receives written notice under section 213 (5) of the amendment of the order.\n(sec.437-ssec.2) The tribunal is not required to conduct, or complete the hearing of, the review.","sortOrder":591},{"sectionNumber":"ch.12-pt.3-div.3","sectionType":"division","heading":"Applications and notices of hearings","content":"## Applications and notices of hearings","sortOrder":592},{"sectionNumber":"sec.438","sectionType":"section","heading":"Application for applicant review to state orders sought","content":"### sec.438 Application for applicant review to state orders sought\n\nAn application for an applicant review of the forensic order must state the orders sought by the applicant.\nAn order sought must be an order mentioned in division 4 or 6 .\nHowever, during any non-revocation period for the forensic order, the application may seek an order revoking the forensic order only if the revocation is sought under section 457 .\n(sec.438-ssec.1) An application for an applicant review of the forensic order must state the orders sought by the applicant.\n(sec.438-ssec.2) An order sought must be an order mentioned in division 4 or 6 .\n(sec.438-ssec.3) However, during any non-revocation period for the forensic order, the application may seek an order revoking the forensic order only if the revocation is sought under section 457 .","sortOrder":593},{"sectionNumber":"sec.439","sectionType":"section","heading":"Notice of hearing","content":"### sec.439 Notice of hearing\n\nThe tribunal must give each of the following persons written notice of the hearing of a review of the forensic order—\nthe person subject to the order;\nfor an applicant review, if the person is not the applicant—the applicant;\nif an authorised mental health service is responsible for the person—\nthe administrator of the service; and\nthe chief psychiatrist;\nif the forensic disability service is responsible for the person—\nthe administrator of the service; and\nthe director of forensic disability;\nthe Attorney-General.\nThe notice must be given at least 14 days before the hearing.\nIf the review is a tribunal review, the notice must state—\nfor a tribunal review mentioned in section 433 (4) —that the tribunal proposes to consider whether to confirm the category of the forensic order as inpatient; or\nfor another tribunal review—any particular matter the tribunal proposes to consider on the review.\n(sec.439-ssec.1) The tribunal must give each of the following persons written notice of the hearing of a review of the forensic order— the person subject to the order; for an applicant review, if the person is not the applicant—the applicant; if an authorised mental health service is responsible for the person— the administrator of the service; and the chief psychiatrist; if the forensic disability service is responsible for the person— the administrator of the service; and the director of forensic disability; the Attorney-General.\n(sec.439-ssec.2) The notice must be given at least 14 days before the hearing.\n(sec.439-ssec.3) If the review is a tribunal review, the notice must state— for a tribunal review mentioned in section 433 (4) —that the tribunal proposes to consider whether to confirm the category of the forensic order as inpatient; or for another tribunal review—any particular matter the tribunal proposes to consider on the review.\n- (a) the person subject to the order;\n- (b) for an applicant review, if the person is not the applicant—the applicant;\n- (c) if an authorised mental health service is responsible for the person— (i) the administrator of the service; and (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (d) if the forensic disability service is responsible for the person— (i) the administrator of the service; and (ii) the director of forensic disability;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;\n- (e) the Attorney-General.\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;\n- (a) for a tribunal review mentioned in section 433 (4) —that the tribunal proposes to consider whether to confirm the category of the forensic order as inpatient; or\n- (b) for another tribunal review—any particular matter the tribunal proposes to consider on the review.","sortOrder":594},{"sectionNumber":"ch.12-pt.3-div.4","sectionType":"division","heading":"Decisions and orders","content":"## Decisions and orders","sortOrder":595},{"sectionNumber":"sec.440","sectionType":"section","heading":"Application of div 4","content":"### sec.440 Application of div 4\n\nThis division is subject to division 5 .","sortOrder":596},{"sectionNumber":"sec.441","sectionType":"section","heading":"Decisions","content":"### sec.441 Decisions\n\nOn a periodic review of the forensic order, the tribunal must decide to—\nconfirm the order; or\nrevoke the order.\nSee subdivision 2 for the orders the tribunal may make if it confirms the order.\nSee subdivision 3 for the orders the tribunal may make if the order is a forensic order (mental health) and the tribunal revokes the order.\nOn an applicant review of the forensic order, the tribunal—\nmust decide whether to make the orders sought by the applicant; and\nmay make the orders under this division it considers appropriate.\nIf an applicant seeks an order changing the category of the forensic order from inpatient to community, the tribunal may decide not to change the category of the order, but may order that the person have limited community treatment of a stated extent.\nOn a tribunal review of the forensic order, the tribunal—\nmust decide any particular matter stated in the notice given under section 439 (3) ; and\nmay make the orders under this division it considers appropriate.\n(sec.441-ssec.1) On a periodic review of the forensic order, the tribunal must decide to— confirm the order; or revoke the order. See subdivision 2 for the orders the tribunal may make if it confirms the order. See subdivision 3 for the orders the tribunal may make if the order is a forensic order (mental health) and the tribunal revokes the order.\n(sec.441-ssec.2) On an applicant review of the forensic order, the tribunal— must decide whether to make the orders sought by the applicant; and may make the orders under this division it considers appropriate. If an applicant seeks an order changing the category of the forensic order from inpatient to community, the tribunal may decide not to change the category of the order, but may order that the person have limited community treatment of a stated extent.\n(sec.441-ssec.3) On a tribunal review of the forensic order, the tribunal— must decide any particular matter stated in the notice given under section 439 (3) ; and may make the orders under this division it considers appropriate.\n- (a) confirm the order; or\n- (b) revoke the order. Notes— 1 See subdivision 2 for the orders the tribunal may make if it confirms the order. 2 See subdivision 3 for the orders the tribunal may make if the order is a forensic order (mental health) and the tribunal revokes the order.\n- 1 See subdivision 2 for the orders the tribunal may make if it confirms the order.\n- 2 See subdivision 3 for the orders the tribunal may make if the order is a forensic order (mental health) and the tribunal revokes the order.\n- 1 See subdivision 2 for the orders the tribunal may make if it confirms the order.\n- 2 See subdivision 3 for the orders the tribunal may make if the order is a forensic order (mental health) and the tribunal revokes the order.\n- (a) must decide whether to make the orders sought by the applicant; and\n- (b) may make the orders under this division it considers appropriate. Example for paragraph (b) — If an applicant seeks an order changing the category of the forensic order from inpatient to community, the tribunal may decide not to change the category of the order, but may order that the person have limited community treatment of a stated extent.\n- (a) must decide any particular matter stated in the notice given under section 439 (3) ; and\n- (b) may make the orders under this division it considers appropriate.","sortOrder":597},{"sectionNumber":"sec.442","sectionType":"section","heading":"Requirement to confirm forensic order","content":"### sec.442 Requirement to confirm forensic order\n\nThe tribunal must confirm the forensic order if the tribunal considers the order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\nAlso, during any non-revocation period for the forensic order, the tribunal is taken, for section 443 , to have confirmed the order.\nThe tribunal must not revoke the forensic order during the non-revocation period for the order. See section 452 .\nSubsection (2) does not apply if the forensic order is a forensic order (mental health) and the tribunal decides to revoke the order under section 457 .\n(sec.442-ssec.1) The tribunal must confirm the forensic order if the tribunal considers the order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\n(sec.442-ssec.2) Also, during any non-revocation period for the forensic order, the tribunal is taken, for section 443 , to have confirmed the order. The tribunal must not revoke the forensic order during the non-revocation period for the order. See section 452 .\n(sec.442-ssec.3) Subsection (2) does not apply if the forensic order is a forensic order (mental health) and the tribunal decides to revoke the order under section 457 .","sortOrder":598},{"sectionNumber":"sec.443","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.443 Application of sdiv 2\n\nThis subdivision applies if, on a review of the forensic order, the tribunal confirms the order.","sortOrder":599},{"sectionNumber":"sec.444","sectionType":"section","heading":"Change or confirmation of category","content":"### sec.444 Change or confirmation of category\n\nThe tribunal may change the category of the forensic order.\nHowever, the tribunal may change the category of the forensic order to community, or confirm the category of the order as community, only if the tribunal is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\nThis section is subject to section 445 .\n(sec.444-ssec.1) The tribunal may change the category of the forensic order.\n(sec.444-ssec.2) However, the tribunal may change the category of the forensic order to community, or confirm the category of the order as community, only if the tribunal is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\n(sec.444-ssec.3) This section is subject to section 445 .","sortOrder":600},{"sectionNumber":"sec.445","sectionType":"section","heading":"Inpatient category—orders about treatment in community","content":"### sec.445 Inpatient category—orders about treatment in community\n\nThis section applies if the tribunal—\nconfirms the category of the forensic order as inpatient; or\nchanges the category of the forensic order to inpatient.\nThe tribunal must do 1 of the following—\norder that the person have no limited community treatment;\nAn order made under paragraph (a) may not be amended by an authorised doctor. See section 212 (2) .\napprove that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time—\nauthorise limited community treatment for the person, to the extent and subject to the conditions decided by the tribunal; or\nchange the category of the order to community, subject to the conditions decided by the tribunal;\norder that the person have limited community treatment—\nof a stated extent; and\nsubject to the conditions decided by the tribunal, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\nThe tribunal may make an order under subsection (2) (b) or (c) only if the tribunal is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\nIn deciding whether the tribunal is satisfied of the matters mentioned in subsection (3) , the tribunal must have regard to—\nthe purpose of limited community treatment; and\nthe fact that—\nif an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or\nif the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n(sec.445-ssec.1) This section applies if the tribunal— confirms the category of the forensic order as inpatient; or changes the category of the forensic order to inpatient.\n(sec.445-ssec.2) The tribunal must do 1 of the following— order that the person have no limited community treatment; An order made under paragraph (a) may not be amended by an authorised doctor. See section 212 (2) . approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time— authorise limited community treatment for the person, to the extent and subject to the conditions decided by the tribunal; or change the category of the order to community, subject to the conditions decided by the tribunal; order that the person have limited community treatment— of a stated extent; and subject to the conditions decided by the tribunal, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n(sec.445-ssec.3) The tribunal may make an order under subsection (2) (b) or (c) only if the tribunal is satisfied there is not an unacceptable risk to the safety of the community, because of the person’s mental condition, including the risk of serious harm to other persons or property.\n(sec.445-ssec.4) In deciding whether the tribunal is satisfied of the matters mentioned in subsection (3) , the tribunal must have regard to— the purpose of limited community treatment; and the fact that— if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n- (a) confirms the category of the forensic order as inpatient; or\n- (b) changes the category of the forensic order to inpatient.\n- (a) order that the person have no limited community treatment; Note— An order made under paragraph (a) may not be amended by an authorised doctor. See section 212 (2) .\n- (b) approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time— (i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the tribunal; or (ii) change the category of the order to community, subject to the conditions decided by the tribunal;\n- (i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the tribunal; or\n- (ii) change the category of the order to community, subject to the conditions decided by the tribunal;\n- (c) order that the person have limited community treatment— (i) of a stated extent; and (ii) subject to the conditions decided by the tribunal, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n- (i) of a stated extent; and\n- (ii) subject to the conditions decided by the tribunal, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n- (i) authorise limited community treatment for the person, to the extent and subject to the conditions decided by the tribunal; or\n- (ii) change the category of the order to community, subject to the conditions decided by the tribunal;\n- (i) of a stated extent; and\n- (ii) subject to the conditions decided by the tribunal, including whether, or the extent to which, an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may amend the forensic order in relation to treatment in the community.\n- (a) the purpose of limited community treatment; and\n- (b) the fact that— (i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or (ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n- (i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or\n- (ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .\n- (i) if an authorised mental health service is responsible for the person—an authorised doctor may increase the extent of treatment in the community for the person only if satisfied of the matters mentioned in section 212 (3) ; or\n- (ii) if the forensic disability service is responsible for the person—a senior practitioner under the Forensic Disability Act may authorise treatment in the community for the person only if satisfied of the matters mentioned in the Forensic Disability Act , section 20 (2) .","sortOrder":601},{"sectionNumber":"sec.446","sectionType":"section","heading":"Community category—orders about treatment in community","content":"### sec.446 Community category—orders about treatment in community\n\nThis section applies if the tribunal—\nconfirms the category of the forensic order as community; or\nchanges the category of the forensic order to community.\nThe tribunal must—\norder that an authorised doctor or a senior practitioner under the Forensic Disability Act must not change the category of the order to inpatient; or\napprove that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time, change the nature or extent of treatment in the community received by the person, to the extent and subject to the conditions decided by the tribunal.\nchanging the category of the forensic order from community to inpatient, with or without limited community treatment\n(sec.446-ssec.1) This section applies if the tribunal— confirms the category of the forensic order as community; or changes the category of the forensic order to community.\n(sec.446-ssec.2) The tribunal must— order that an authorised doctor or a senior practitioner under the Forensic Disability Act must not change the category of the order to inpatient; or approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time, change the nature or extent of treatment in the community received by the person, to the extent and subject to the conditions decided by the tribunal. changing the category of the forensic order from community to inpatient, with or without limited community treatment\n- (a) confirms the category of the forensic order as community; or\n- (b) changes the category of the forensic order to community.\n- (a) order that an authorised doctor or a senior practitioner under the Forensic Disability Act must not change the category of the order to inpatient; or\n- (b) approve that an authorised doctor under section 212 or a senior practitioner under the Forensic Disability Act , section 20 may, at a future time, change the nature or extent of treatment in the community received by the person, to the extent and subject to the conditions decided by the tribunal. Example of a change of extent of treatment in the community— changing the category of the forensic order from community to inpatient, with or without limited community treatment","sortOrder":602},{"sectionNumber":"sec.447","sectionType":"section","heading":"Conditions","content":"### sec.447 Conditions\n\nThe tribunal may—\nchange or remove a condition to which the forensic order is subject; or\nimpose a condition on the forensic order.\nWithout limiting subsection (1) , the tribunal may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\nHowever, the tribunal may not impose a condition on the forensic order that requires the person to take a particular medication or a particular dosage of a medication.\n(sec.447-ssec.1) The tribunal may— change or remove a condition to which the forensic order is subject; or impose a condition on the forensic order.\n(sec.447-ssec.2) Without limiting subsection (1) , the tribunal may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\n(sec.447-ssec.3) However, the tribunal may not impose a condition on the forensic order that requires the person to take a particular medication or a particular dosage of a medication.\n- (a) change or remove a condition to which the forensic order is subject; or\n- (b) impose a condition on the forensic order.","sortOrder":603},{"sectionNumber":"sec.448","sectionType":"section","heading":"Other orders","content":"### sec.448 Other orders\n\nSubject to the other provisions of this subdivision, the tribunal may provide for any other matter the tribunal considers appropriate.","sortOrder":604},{"sectionNumber":"sec.449","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.449 Application of sdiv 3\n\nThis subdivision applies if—\nthe forensic order is a forensic order (mental health); and\nthe tribunal decides to revoke the forensic order.\n- (a) the forensic order is a forensic order (mental health); and\n- (b) the tribunal decides to revoke the forensic order.","sortOrder":605},{"sectionNumber":"sec.450","sectionType":"section","heading":"Making of treatment support order","content":"### sec.450 Making of treatment support order\n\nThe tribunal must decide to make a treatment support order for the person if the tribunal considers a treatment support order, but not a forensic order, is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\nFor making a treatment support order under subsection (1) , sections 144 and 145 apply as if—\na reference in the sections to the Mental Health Court were a reference to the tribunal; and\na reference in the sections to the person the subject of the reference were a reference to the person subject to the forensic order.\n(sec.450-ssec.1) The tribunal must decide to make a treatment support order for the person if the tribunal considers a treatment support order, but not a forensic order, is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\n(sec.450-ssec.2) For making a treatment support order under subsection (1) , sections 144 and 145 apply as if— a reference in the sections to the Mental Health Court were a reference to the tribunal; and a reference in the sections to the person the subject of the reference were a reference to the person subject to the forensic order.\n- (a) a reference in the sections to the Mental Health Court were a reference to the tribunal; and\n- (b) a reference in the sections to the person the subject of the reference were a reference to the person subject to the forensic order.","sortOrder":606},{"sectionNumber":"sec.451","sectionType":"section","heading":"Making of treatment authority or no further order","content":"### sec.451 Making of treatment authority or no further order\n\nIf the tribunal considers that neither a forensic order nor a treatment support order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property, the tribunal may—\nmake no further order for the person; or\nmake a treatment authority for the person.\nThe tribunal may make a treatment authority for the person under subsection (1) (b) only on the recommendation of an authorised psychiatrist who considers, after examining the person, that—\nthe treatment criteria apply to the person; and\nthere is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\nThe treatment authority must state the following—\nthe category of the authority;\nthe authorised mental health service responsible for the person;\nthe nature and extent of any limited community treatment the person is to receive;\nany conditions the tribunal considers necessary for the person’s treatment and care, other than a condition requiring the person to take a particular medication or a particular dosage of a medication.\nThe tribunal may decide the category of the treatment authority is inpatient only if the tribunal is satisfied that 1 or more of the following can not reasonably be met if the category of the authority is community—\nthe person’s treatment and care needs;\nthe safety and welfare of the person;\nthe safety of others.\nHowever, if the person is a classified patient, the tribunal must decide the category of the authority is inpatient.\nIn deciding the nature and extent of any limited community treatment under subsection (3) (c) , the tribunal must have regard to the purpose of limited community treatment.\nIf the tribunal decides the category of the treatment authority is community, the tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.\nThe treatment authority is taken to be a treatment authority made under section 49 by the authorised psychiatrist mentioned in subsection (2) .\nDespite subsection (8) and section 413 (1) , the tribunal must review the treatment authority—\nwithin 6 months after the authority is made; and\nwithin 6 months after the review under paragraph (a) is completed; and\nat intervals of not more than 12 months after the review under paragraph (b) is completed.\nSections 53 and 59 apply to the treatment authority as if a reference in the sections to the authorised doctor were a reference to the authorised psychiatrist mentioned in subsection (2) .\nAs soon as practicable after the treatment authority is made, the authorised psychiatrist mentioned in subsection (2) must decide the nature and extent of the treatment and care to be provided to the person under the authority.\ns 451 amd 2017 No. 3 s 37\n(sec.451-ssec.1) If the tribunal considers that neither a forensic order nor a treatment support order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property, the tribunal may— make no further order for the person; or make a treatment authority for the person.\n(sec.451-ssec.2) The tribunal may make a treatment authority for the person under subsection (1) (b) only on the recommendation of an authorised psychiatrist who considers, after examining the person, that— the treatment criteria apply to the person; and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.451-ssec.3) The treatment authority must state the following— the category of the authority; the authorised mental health service responsible for the person; the nature and extent of any limited community treatment the person is to receive; any conditions the tribunal considers necessary for the person’s treatment and care, other than a condition requiring the person to take a particular medication or a particular dosage of a medication.\n(sec.451-ssec.4) The tribunal may decide the category of the treatment authority is inpatient only if the tribunal is satisfied that 1 or more of the following can not reasonably be met if the category of the authority is community— the person’s treatment and care needs; the safety and welfare of the person; the safety of others.\n(sec.451-ssec.5) However, if the person is a classified patient, the tribunal must decide the category of the authority is inpatient.\n(sec.451-ssec.6) In deciding the nature and extent of any limited community treatment under subsection (3) (c) , the tribunal must have regard to the purpose of limited community treatment.\n(sec.451-ssec.7) If the tribunal decides the category of the treatment authority is community, the tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.\n(sec.451-ssec.8) The treatment authority is taken to be a treatment authority made under section 49 by the authorised psychiatrist mentioned in subsection (2) .\n(sec.451-ssec.9) Despite subsection (8) and section 413 (1) , the tribunal must review the treatment authority— within 6 months after the authority is made; and within 6 months after the review under paragraph (a) is completed; and at intervals of not more than 12 months after the review under paragraph (b) is completed.\n(sec.451-ssec.10) Sections 53 and 59 apply to the treatment authority as if a reference in the sections to the authorised doctor were a reference to the authorised psychiatrist mentioned in subsection (2) .\n(sec.451-ssec.11) As soon as practicable after the treatment authority is made, the authorised psychiatrist mentioned in subsection (2) must decide the nature and extent of the treatment and care to be provided to the person under the authority.\n- (a) make no further order for the person; or\n- (b) make a treatment authority for the person.\n- (a) the treatment criteria apply to the person; and\n- (b) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (a) the category of the authority;\n- (b) the authorised mental health service responsible for the person;\n- (c) the nature and extent of any limited community treatment the person is to receive;\n- (d) any conditions the tribunal considers necessary for the person’s treatment and care, other than a condition requiring the person to take a particular medication or a particular dosage of a medication.\n- (a) the person’s treatment and care needs;\n- (b) the safety and welfare of the person;\n- (c) the safety of others.\n- (a) within 6 months after the authority is made; and\n- (b) within 6 months after the review under paragraph (a) is completed; and\n- (c) at intervals of not more than 12 months after the review under paragraph (b) is completed.","sortOrder":607},{"sectionNumber":"ch.12-pt.3-div.5","sectionType":"division","heading":"Restrictions on revoking or amending forensic orders","content":"## Restrictions on revoking or amending forensic orders","sortOrder":608},{"sectionNumber":"sec.452","sectionType":"section","heading":"Orders with non-revocation period","content":"### sec.452 Orders with non-revocation period\n\nThe tribunal must not revoke a forensic order under division 4 during any non-revocation period for the order.\nSubsection (1) is subject to section 457 .\n(sec.452-ssec.1) The tribunal must not revoke a forensic order under division 4 during any non-revocation period for the order.\n(sec.452-ssec.2) Subsection (1) is subject to section 457 .","sortOrder":609},{"sectionNumber":"sec.453","sectionType":"section","heading":"Order for person temporarily unfit for trial","content":"### sec.453 Order for person temporarily unfit for trial\n\nThis section applies to a person subject to a forensic order if—\na finding of unfitness has been made in relation to the person; and\nthe proceeding against the person in relation to which the finding of unfitness was made has not been discontinued under section 490 or 491 .\nThe tribunal must not revoke the forensic order unless a treatment support order is made for the person under section 450 .\nIf, on a review under part 6 , the tribunal decides the person is fit for trial, the forensic order ends on the person’s appearance at the mention of the proceeding for the relevant offence. See section 497 (2) .\n(sec.453-ssec.1) This section applies to a person subject to a forensic order if— a finding of unfitness has been made in relation to the person; and the proceeding against the person in relation to which the finding of unfitness was made has not been discontinued under section 490 or 491 .\n(sec.453-ssec.2) The tribunal must not revoke the forensic order unless a treatment support order is made for the person under section 450 . If, on a review under part 6 , the tribunal decides the person is fit for trial, the forensic order ends on the person’s appearance at the mention of the proceeding for the relevant offence. See section 497 (2) .\n- (a) a finding of unfitness has been made in relation to the person; and\n- (b) the proceeding against the person in relation to which the finding of unfitness was made has not been discontinued under section 490 or 491 .","sortOrder":610},{"sectionNumber":"sec.454","sectionType":"section","heading":"Order for person charged with prescribed offence","content":"### sec.454 Order for person charged with prescribed offence\n\nThis section applies if a forensic order for a person was made on a reference in relation to a prescribed offence allegedly committed by the person.\nThe tribunal must not revoke the forensic order unless—\nthe person has been examined, under an order made under section 721 , by an examining practitioner; and\nthe tribunal has obtained and considered the examining practitioner’s written report on the examination.\nThis section is subject to section 452 .\n(sec.454-ssec.1) This section applies if a forensic order for a person was made on a reference in relation to a prescribed offence allegedly committed by the person.\n(sec.454-ssec.2) The tribunal must not revoke the forensic order unless— the person has been examined, under an order made under section 721 , by an examining practitioner; and the tribunal has obtained and considered the examining practitioner’s written report on the examination.\n(sec.454-ssec.3) This section is subject to section 452 .\n- (a) the person has been examined, under an order made under section 721 , by an examining practitioner; and\n- (b) the tribunal has obtained and considered the examining practitioner’s written report on the examination.","sortOrder":611},{"sectionNumber":"sec.455","sectionType":"section","heading":"Tribunal’s order takes effect after suspension or change of category ends","content":"### sec.455 Tribunal’s order takes effect after suspension or change of category ends\n\nThis section applies if—\nthe chief psychiatrist has, under section 313 , suspended limited community treatment for the person or changed the category of the forensic order for the person to inpatient; and\nUnder section 313 , the suspension of limited community treatment or change of category of the forensic order is for a period of not more than 7 days. The person may appeal to the tribunal against the chief psychiatrist’s decision. See section 533 .\nthe suspension, or the change of category, is in effect when the tribunal—\norders or approves limited community treatment for the person; or\norders that the category of the forensic order be changed to community.\nThe tribunal’s order or approval takes effect when the suspension, or change of category, ends.\n(sec.455-ssec.1) This section applies if— the chief psychiatrist has, under section 313 , suspended limited community treatment for the person or changed the category of the forensic order for the person to inpatient; and Under section 313 , the suspension of limited community treatment or change of category of the forensic order is for a period of not more than 7 days. The person may appeal to the tribunal against the chief psychiatrist’s decision. See section 533 . the suspension, or the change of category, is in effect when the tribunal— orders or approves limited community treatment for the person; or orders that the category of the forensic order be changed to community.\n(sec.455-ssec.2) The tribunal’s order or approval takes effect when the suspension, or change of category, ends.\n- (a) the chief psychiatrist has, under section 313 , suspended limited community treatment for the person or changed the category of the forensic order for the person to inpatient; and Note— Under section 313 , the suspension of limited community treatment or change of category of the forensic order is for a period of not more than 7 days. The person may appeal to the tribunal against the chief psychiatrist’s decision. See section 533 .\n- (b) the suspension, or the change of category, is in effect when the tribunal— (i) orders or approves limited community treatment for the person; or (ii) orders that the category of the forensic order be changed to community.\n- (i) orders or approves limited community treatment for the person; or\n- (ii) orders that the category of the forensic order be changed to community.\n- (i) orders or approves limited community treatment for the person; or\n- (ii) orders that the category of the forensic order be changed to community.","sortOrder":612},{"sectionNumber":"ch.12-pt.3-div.6","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":613},{"sectionNumber":"sec.456","sectionType":"section","heading":"Transfer of responsibility for forensic patient","content":"### sec.456 Transfer of responsibility for forensic patient\n\nOn a review of a forensic order, the tribunal may order that responsibility for the person subject to the order be transferred to—\nif an authorised mental health service is responsible for the person—another authorised mental health service; or\nif an authorised mental health service is responsible for the person and the person is subject to a forensic order (disability)—another authorised mental health service or the forensic disability service; or\nif the forensic disability service is responsible for the person—an authorised mental health service.\nIn deciding whether to make an order under subsection (1) , the tribunal must have regard to each of the following—\nthe person’s mental state and psychiatric history;\nany intellectual disability of the person;\nthe person’s treatment and care needs;\nthe security requirements for the person;\nif responsibility for the person is to be transferred to an authorised mental health service—the capacity of the authorised mental health service to which the person is to be transferred;\nto the greatest extent practicable, the views, wishes and preferences of the person;\nwithout limiting paragraphs (a) to (f) , whether the transfer is appropriate in the circumstances.\nto allow the person to be in closer proximity to their family, carers or other support persons\nHowever, the tribunal may order under subsection (1) that responsibility for the person be transferred to the forensic disability service only if the chief executive (forensic disability) certifies, in writing, that the forensic disability service has—\nthe physical capacity to accommodate the person; and\nthe capacity to provide care for the person under the order.\nFor subsection (3) , section 148 applies as if—\na reference in the section to the Mental Health Court were a reference to the tribunal; and\na reference in the section to section 147 were a reference to subsection (1) .\ns 456 amd 2022 No. 1 s 80\n(sec.456-ssec.1) On a review of a forensic order, the tribunal may order that responsibility for the person subject to the order be transferred to— if an authorised mental health service is responsible for the person—another authorised mental health service; or if an authorised mental health service is responsible for the person and the person is subject to a forensic order (disability)—another authorised mental health service or the forensic disability service; or if the forensic disability service is responsible for the person—an authorised mental health service.\n(sec.456-ssec.2) In deciding whether to make an order under subsection (1) , the tribunal must have regard to each of the following— the person’s mental state and psychiatric history; any intellectual disability of the person; the person’s treatment and care needs; the security requirements for the person; if responsibility for the person is to be transferred to an authorised mental health service—the capacity of the authorised mental health service to which the person is to be transferred; to the greatest extent practicable, the views, wishes and preferences of the person; without limiting paragraphs (a) to (f) , whether the transfer is appropriate in the circumstances. to allow the person to be in closer proximity to their family, carers or other support persons\n(sec.456-ssec.3) However, the tribunal may order under subsection (1) that responsibility for the person be transferred to the forensic disability service only if the chief executive (forensic disability) certifies, in writing, that the forensic disability service has— the physical capacity to accommodate the person; and the capacity to provide care for the person under the order.\n(sec.456-ssec.4) For subsection (3) , section 148 applies as if— a reference in the section to the Mental Health Court were a reference to the tribunal; and a reference in the section to section 147 were a reference to subsection (1) .\n- (a) if an authorised mental health service is responsible for the person—another authorised mental health service; or\n- (b) if an authorised mental health service is responsible for the person and the person is subject to a forensic order (disability)—another authorised mental health service or the forensic disability service; or\n- (c) if the forensic disability service is responsible for the person—an authorised mental health service.\n- (a) the person’s mental state and psychiatric history;\n- (b) any intellectual disability of the person;\n- (c) the person’s treatment and care needs;\n- (d) the security requirements for the person;\n- (e) if responsibility for the person is to be transferred to an authorised mental health service—the capacity of the authorised mental health service to which the person is to be transferred;\n- (f) to the greatest extent practicable, the views, wishes and preferences of the person;\n- (g) without limiting paragraphs (a) to (f) , whether the transfer is appropriate in the circumstances. Example of when a transfer under this section may be appropriate— to allow the person to be in closer proximity to their family, carers or other support persons\n- (a) the physical capacity to accommodate the person; and\n- (b) the capacity to provide care for the person under the order.\n- (a) a reference in the section to the Mental Health Court were a reference to the tribunal; and\n- (b) a reference in the section to section 147 were a reference to subsection (1) .","sortOrder":614},{"sectionNumber":"sec.457","sectionType":"section","heading":"Person with dual disability","content":"### sec.457 Person with dual disability\n\nThis section applies to a person who—\nhas a dual disability; and\nis subject to a forensic order (mental health).\nIf the tribunal is satisfied the person no longer requires involuntary treatment and care for the person’s mental illness, the tribunal must—\nrevoke the forensic order (mental health); and\nmake a forensic order (disability) for the person.\nFor making the forensic order (disability), section 135 and chapter 5 , part 4 , division 2 , subdivision 2 apply as if—\na reference in the provisions to the Mental Health Court were a reference to the tribunal; and\na reference in the provisions to the person the subject of the reference were a reference to the person subject to the forensic order (mental health).\nIf there was a non-revocation period for the forensic order (mental health), the forensic order (disability) is taken to have the same non-revocation period.\nFor subsection (4) , the forensic order (disability) is taken to have been made when the forensic order (mental health) was made.\nThe revocation of the forensic order (mental health) under this section does not affect any recommendation made by the court under section 136 .\n(sec.457-ssec.1) This section applies to a person who— has a dual disability; and is subject to a forensic order (mental health).\n(sec.457-ssec.2) If the tribunal is satisfied the person no longer requires involuntary treatment and care for the person’s mental illness, the tribunal must— revoke the forensic order (mental health); and make a forensic order (disability) for the person.\n(sec.457-ssec.3) For making the forensic order (disability), section 135 and chapter 5 , part 4 , division 2 , subdivision 2 apply as if— a reference in the provisions to the Mental Health Court were a reference to the tribunal; and a reference in the provisions to the person the subject of the reference were a reference to the person subject to the forensic order (mental health).\n(sec.457-ssec.4) If there was a non-revocation period for the forensic order (mental health), the forensic order (disability) is taken to have the same non-revocation period.\n(sec.457-ssec.5) For subsection (4) , the forensic order (disability) is taken to have been made when the forensic order (mental health) was made.\n(sec.457-ssec.6) The revocation of the forensic order (mental health) under this section does not affect any recommendation made by the court under section 136 .\n- (a) has a dual disability; and\n- (b) is subject to a forensic order (mental health).\n- (a) revoke the forensic order (mental health); and\n- (b) make a forensic order (disability) for the person.\n- (a) a reference in the provisions to the Mental Health Court were a reference to the tribunal; and\n- (b) a reference in the provisions to the person the subject of the reference were a reference to the person subject to the forensic order (mental health).","sortOrder":615},{"sectionNumber":"ch.12-pt.4","sectionType":"part","heading":"Review of forensic orders (Criminal Code)","content":"# Review of forensic orders (Criminal Code)","sortOrder":616},{"sectionNumber":"sec.458","sectionType":"section","heading":"Application of pt 4","content":"### sec.458 Application of pt 4\n\nThis part applies to a forensic order (Criminal Code).","sortOrder":617},{"sectionNumber":"sec.459","sectionType":"section","heading":"Tribunal to conduct hearing","content":"### sec.459 Tribunal to conduct hearing\n\nThe tribunal must, within 21 days after the tribunal is notified of the making of the forensic order (Criminal Code) for a person, conduct a hearing for the purpose of making a forensic order (mental health) or forensic order (disability) for the person.","sortOrder":618},{"sectionNumber":"sec.460","sectionType":"section","heading":"Notice of hearing","content":"### sec.460 Notice of hearing\n\nThe tribunal must give the following persons written notice of the hearing—\nthe person;\nthe Attorney-General;\nthe chief psychiatrist;\nthe director of forensic disability;\nthe administrator of the authorised mental health service to which the person has been admitted under the forensic order (Criminal Code).\nThe notice must be given at least 14 days before the hearing.\n(sec.460-ssec.1) The tribunal must give the following persons written notice of the hearing— the person; the Attorney-General; the chief psychiatrist; the director of forensic disability; the administrator of the authorised mental health service to which the person has been admitted under the forensic order (Criminal Code).\n(sec.460-ssec.2) The notice must be given at least 14 days before the hearing.\n- (a) the person;\n- (b) the Attorney-General;\n- (c) the chief psychiatrist;\n- (d) the director of forensic disability;\n- (e) the administrator of the authorised mental health service to which the person has been admitted under the forensic order (Criminal Code).","sortOrder":619},{"sectionNumber":"sec.461","sectionType":"section","heading":"Making of forensic order","content":"### sec.461 Making of forensic order\n\nThe tribunal must make a forensic order (mental health) for the person unless subsection (2) applies.\nThe tribunal must make a forensic order (disability) for the person if the tribunal considers—\nthe person has an intellectual disability but does not have a dual disability; or\nthe person has a dual disability but does not require involuntary treatment and care for the person’s mental illness.\nOn the making of the forensic order under subsection (1) or (2) , the forensic order (Criminal Code) ends.\n(sec.461-ssec.1) The tribunal must make a forensic order (mental health) for the person unless subsection (2) applies.\n(sec.461-ssec.2) The tribunal must make a forensic order (disability) for the person if the tribunal considers— the person has an intellectual disability but does not have a dual disability; or the person has a dual disability but does not require involuntary treatment and care for the person’s mental illness.\n(sec.461-ssec.3) On the making of the forensic order under subsection (1) or (2) , the forensic order (Criminal Code) ends.\n- (a) the person has an intellectual disability but does not have a dual disability; or\n- (b) the person has a dual disability but does not require involuntary treatment and care for the person’s mental illness.","sortOrder":620},{"sectionNumber":"sec.462","sectionType":"section","heading":"Application of ch 5 provisions","content":"### sec.462 Application of ch 5 provisions\n\nFor making a forensic order (mental health) or forensic order (disability) under section 461 , section 135 and chapter 5 , part 4 , division 2 , subdivision 2 apply as if—\na reference in the provisions to the Mental Health Court were a reference to the tribunal; and\na reference in the provisions to the person the subject of the reference were a reference to the person subject to the forensic order (Criminal Code).\n- (a) a reference in the provisions to the Mental Health Court were a reference to the tribunal; and\n- (b) a reference in the provisions to the person the subject of the reference were a reference to the person subject to the forensic order (Criminal Code).","sortOrder":621},{"sectionNumber":"ch.12-pt.5","sectionType":"part","heading":"Review of treatment support orders","content":"# Review of treatment support orders","sortOrder":622},{"sectionNumber":"ch.12-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":623},{"sectionNumber":"sec.463","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.463 Definitions for pt 5\n\nIn this part—\napplicant review , of a treatment support order, see section 465 (2) .\nperiodic review , of a treatment support order, see section 465 (1) .\nreview , of a treatment support order, means any of the following—\na periodic review of the order;\nan applicant review of the order;\na tribunal review of the order.\ntribunal review , of a treatment support order, see section 465 (3) and (4) .\n- (a) a periodic review of the order;\n- (b) an applicant review of the order;\n- (c) a tribunal review of the order.","sortOrder":624},{"sectionNumber":"sec.464","sectionType":"section","heading":"Matters to which tribunal must have regard","content":"### sec.464 Matters to which tribunal must have regard\n\nIn making a decision under this part in relation to a review of a treatment support order, the tribunal must have regard to the following—\nthe relevant circumstances of the person subject to the order;\nthe nature of the relevant unlawful act and the period of time that has passed since the act happened;\nany victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act;\nif the order was made because a forensic order (mental health) for the person was revoked and the Mental Health Court made a recommendation in the forensic order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person.\nSee section 450 for when the tribunal, on deciding to revoke a forensic order (mental health) for a person, may make a treatment support order for the person.\ndeciding whether to confirm or revoke the order\ndeciding whether to confirm or change the category of the order\ndeciding whether the person is to receive any treatment in the community\ndeciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\nSubsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.\n(sec.464-ssec.1) In making a decision under this part in relation to a review of a treatment support order, the tribunal must have regard to the following— the relevant circumstances of the person subject to the order; the nature of the relevant unlawful act and the period of time that has passed since the act happened; any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act; if the order was made because a forensic order (mental health) for the person was revoked and the Mental Health Court made a recommendation in the forensic order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person. See section 450 for when the tribunal, on deciding to revoke a forensic order (mental health) for a person, may make a treatment support order for the person. deciding whether to confirm or revoke the order deciding whether to confirm or change the category of the order deciding whether the person is to receive any treatment in the community deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\n(sec.464-ssec.2) Subsection (1) does not limit any other provision of this part that requires the tribunal to have regard to a stated matter.\n- (a) the relevant circumstances of the person subject to the order;\n- (b) the nature of the relevant unlawful act and the period of time that has passed since the act happened;\n- (c) any victim impact statement given to the tribunal under section 155 or 742 relating to the relevant unlawful act;\n- (d) if the order was made because a forensic order (mental health) for the person was revoked and the Mental Health Court made a recommendation in the forensic order about an intervention program for the person—the person’s willingness to participate in the program if offered to the person. Note— See section 450 for when the tribunal, on deciding to revoke a forensic order (mental health) for a person, may make a treatment support order for the person. Examples of decisions in relation to a review of a treatment support order— • deciding whether to confirm or revoke the order • deciding whether to confirm or change the category of the order • deciding whether the person is to receive any treatment in the community • deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\n- • deciding whether to confirm or revoke the order\n- • deciding whether to confirm or change the category of the order\n- • deciding whether the person is to receive any treatment in the community\n- • deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order\n- • deciding whether to confirm or revoke the order\n- • deciding whether to confirm or change the category of the order\n- • deciding whether the person is to receive any treatment in the community\n- • deciding whether to change or remove a condition to which the order is subject or to impose a condition on the order","sortOrder":625},{"sectionNumber":"ch.12-pt.5-div.2","sectionType":"division","heading":"When particular reviews are conducted","content":"## When particular reviews are conducted","sortOrder":626},{"sectionNumber":"sec.465","sectionType":"section","heading":"When reviews are conducted","content":"### sec.465 When reviews are conducted\n\nThe tribunal must review (a periodic review ) a treatment support order—\nwithin 6 months after the order is made; and\nat intervals of not more than 6 months after the review under paragraph (a) is completed.\nAlso, the tribunal must review (an applicant review ) a treatment support order on application by—\nthe person subject to the order; or\nan interested person for the person mentioned in paragraph (a) ; or\nthe chief psychiatrist.\nFurther, the tribunal may at any time, on its own initiative, review (a tribunal review ) a treatment support order.\nIf the tribunal receives written notice under section 217 (3) of the amendment of a treatment support order, the tribunal must review (also a tribunal review ) the order within 14 days after receiving the notice.\nThis section is subject to sections 466 to 469 and chapter 16 , part 2 , division 6 , subdivision 2 .\n(sec.465-ssec.1) The tribunal must review (a periodic review ) a treatment support order— within 6 months after the order is made; and at intervals of not more than 6 months after the review under paragraph (a) is completed.\n(sec.465-ssec.2) Also, the tribunal must review (an applicant review ) a treatment support order on application by— the person subject to the order; or an interested person for the person mentioned in paragraph (a) ; or the chief psychiatrist.\n(sec.465-ssec.3) Further, the tribunal may at any time, on its own initiative, review (a tribunal review ) a treatment support order.\n(sec.465-ssec.4) If the tribunal receives written notice under section 217 (3) of the amendment of a treatment support order, the tribunal must review (also a tribunal review ) the order within 14 days after receiving the notice.\n(sec.465-ssec.5) This section is subject to sections 466 to 469 and chapter 16 , part 2 , division 6 , subdivision 2 .\n- (a) within 6 months after the order is made; and\n- (b) at intervals of not more than 6 months after the review under paragraph (a) is completed.\n- (a) the person subject to the order; or\n- (b) an interested person for the person mentioned in paragraph (a) ; or\n- (c) the chief psychiatrist.","sortOrder":627},{"sectionNumber":"sec.466","sectionType":"section","heading":"When periodic review deferred","content":"### sec.466 When periodic review deferred\n\nThis section applies if—\nan applicant review or a tribunal review (each a previous review ) of a treatment support order has been completed within 6 months before a periodic review (the next scheduled review ) of the order must be conducted under section 465 (1) (a) or (b) ; and\nthe tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.\nSection 465 (1) is taken to require the next scheduled review of the treatment support order to be conducted within 6 months after the previous review was completed.\n(sec.466-ssec.1) This section applies if— an applicant review or a tribunal review (each a previous review ) of a treatment support order has been completed within 6 months before a periodic review (the next scheduled review ) of the order must be conducted under section 465 (1) (a) or (b) ; and the tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.\n(sec.466-ssec.2) Section 465 (1) is taken to require the next scheduled review of the treatment support order to be conducted within 6 months after the previous review was completed.\n- (a) an applicant review or a tribunal review (each a previous review ) of a treatment support order has been completed within 6 months before a periodic review (the next scheduled review ) of the order must be conducted under section 465 (1) (a) or (b) ; and\n- (b) the tribunal is satisfied there are no matters relevant to the next scheduled review that were not considered by the tribunal on the previous review.","sortOrder":628},{"sectionNumber":"sec.467","sectionType":"section","heading":"Requirement to conduct periodic review suspended","content":"### sec.467 Requirement to conduct periodic review suspended\n\nThis section applies if a person who is subject to a treatment support order is transferred to an interstate mental health service or another country under part 10 , division 2 .\nThe tribunal is not required to conduct a periodic review of the treatment support order under section 465 (1) while the person is out of Queensland because of the person’s transfer under part 10 , division 2 .\ns 467 amd 2022 No. 1 s 81\n(sec.467-ssec.1) This section applies if a person who is subject to a treatment support order is transferred to an interstate mental health service or another country under part 10 , division 2 .\n(sec.467-ssec.2) The tribunal is not required to conduct a periodic review of the treatment support order under section 465 (1) while the person is out of Queensland because of the person’s transfer under part 10 , division 2 .","sortOrder":629},{"sectionNumber":"sec.468","sectionType":"section","heading":"When tribunal must not conduct review","content":"### sec.468 When tribunal must not conduct review\n\nThe tribunal must not conduct a review of a treatment support order if—\nan appeal to the Mental Health Court against the tribunal’s decision on a review of the order is pending; and\nthe court has stayed the tribunal’s decision on the review of the order.\n- (a) an appeal to the Mental Health Court against the tribunal’s decision on a review of the order is pending; and\n- (b) the court has stayed the tribunal’s decision on the review of the order.","sortOrder":630},{"sectionNumber":"sec.469","sectionType":"section","heading":"When particular tribunal review is not required","content":"### sec.469 When particular tribunal review is not required\n\nThis section applies to a tribunal review of a treatment support order mentioned in section 465 (4) , if the tribunal receives written notice under section 217 (5) of the amendment of the order.\nThe tribunal is not required to conduct, or complete the hearing of, the review.\n(sec.469-ssec.1) This section applies to a tribunal review of a treatment support order mentioned in section 465 (4) , if the tribunal receives written notice under section 217 (5) of the amendment of the order.\n(sec.469-ssec.2) The tribunal is not required to conduct, or complete the hearing of, the review.","sortOrder":631},{"sectionNumber":"ch.12-pt.5-div.3","sectionType":"division","heading":"Applications and notices of hearings","content":"## Applications and notices of hearings","sortOrder":632},{"sectionNumber":"sec.470","sectionType":"section","heading":"Application for applicant review to state orders sought","content":"### sec.470 Application for applicant review to state orders sought\n\nAn application for an applicant review of a treatment support order must state the orders sought by the applicant.\nAn order sought must be an order mentioned in division 4 .\n(sec.470-ssec.1) An application for an applicant review of a treatment support order must state the orders sought by the applicant.\n(sec.470-ssec.2) An order sought must be an order mentioned in division 4 .","sortOrder":633},{"sectionNumber":"sec.471","sectionType":"section","heading":"Notice of hearing","content":"### sec.471 Notice of hearing\n\nThe tribunal must give each of the following persons written notice of the hearing of a review of a treatment support order—\nthe person subject to the order;\nfor an applicant review, if the person is not the applicant—the applicant;\nthe administrator of the authorised mental health service responsible for the person;\nthe chief psychiatrist.\nThe notice must be given at least 7 days before the hearing.\nIf the review is a tribunal review, the notice must state—\nfor a tribunal review mentioned in section 465 (4) —that the tribunal proposes to consider whether to confirm the category of the treatment support order as inpatient; or\nfor another tribunal review—any particular matter the tribunal proposes to consider on the review.\n(sec.471-ssec.1) The tribunal must give each of the following persons written notice of the hearing of a review of a treatment support order— the person subject to the order; for an applicant review, if the person is not the applicant—the applicant; the administrator of the authorised mental health service responsible for the person; the chief psychiatrist.\n(sec.471-ssec.2) The notice must be given at least 7 days before the hearing.\n(sec.471-ssec.3) If the review is a tribunal review, the notice must state— for a tribunal review mentioned in section 465 (4) —that the tribunal proposes to consider whether to confirm the category of the treatment support order as inpatient; or for another tribunal review—any particular matter the tribunal proposes to consider on the review.\n- (a) the person subject to the order;\n- (b) for an applicant review, if the person is not the applicant—the applicant;\n- (c) the administrator of the authorised mental health service responsible for the person;\n- (d) the chief psychiatrist.\n- (a) for a tribunal review mentioned in section 465 (4) —that the tribunal proposes to consider whether to confirm the category of the treatment support order as inpatient; or\n- (b) for another tribunal review—any particular matter the tribunal proposes to consider on the review.","sortOrder":634},{"sectionNumber":"ch.12-pt.5-div.4","sectionType":"division","heading":"Decisions and orders","content":"## Decisions and orders","sortOrder":635},{"sectionNumber":"sec.472","sectionType":"section","heading":"Decisions","content":"### sec.472 Decisions\n\nOn a periodic review of a treatment support order, the tribunal must decide to—\nconfirm the order; or\nrevoke the order.\nSee subdivision 2 for the orders the tribunal may make if it confirms the order.\nSee subdivision 3 for the orders the tribunal may make if it revokes the order.\nOn an applicant review of a treatment support order, the tribunal—\nmust decide whether to make the orders sought by the applicant; and\nmay make the orders under this division it considers appropriate.\nOn a tribunal review of a treatment support order, the tribunal—\nmust decide any particular matter stated in the notice given under section 471 (3) ; and\nmay make the orders under this division it considers appropriate.\n(sec.472-ssec.1) On a periodic review of a treatment support order, the tribunal must decide to— confirm the order; or revoke the order. See subdivision 2 for the orders the tribunal may make if it confirms the order. See subdivision 3 for the orders the tribunal may make if it revokes the order.\n(sec.472-ssec.2) On an applicant review of a treatment support order, the tribunal— must decide whether to make the orders sought by the applicant; and may make the orders under this division it considers appropriate.\n(sec.472-ssec.3) On a tribunal review of a treatment support order, the tribunal— must decide any particular matter stated in the notice given under section 471 (3) ; and may make the orders under this division it considers appropriate.\n- (a) confirm the order; or\n- (b) revoke the order.\n- 1 See subdivision 2 for the orders the tribunal may make if it confirms the order.\n- 2 See subdivision 3 for the orders the tribunal may make if it revokes the order.\n- (a) must decide whether to make the orders sought by the applicant; and\n- (b) may make the orders under this division it considers appropriate.\n- (a) must decide any particular matter stated in the notice given under section 471 (3) ; and\n- (b) may make the orders under this division it considers appropriate.","sortOrder":636},{"sectionNumber":"sec.473","sectionType":"section","heading":"Requirement to confirm treatment support order","content":"### sec.473 Requirement to confirm treatment support order\n\nOn a review of a treatment support order, the tribunal must confirm the order if the tribunal considers the order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\nAlso, the tribunal must confirm the treatment support order if—\na finding of unfitness has been made in relation to the person; and\nthe person has not been found fit for trial on a review of the person’s fitness for trial under chapter 12 , part 6 ; and\nthe proceeding for the relevant offence has not been discontinued under section 490 or 491 .\n(sec.473-ssec.1) On a review of a treatment support order, the tribunal must confirm the order if the tribunal considers the order is necessary, because of the person’s mental condition, to protect the safety of the community, including from the risk of serious harm to other persons or property.\n(sec.473-ssec.2) Also, the tribunal must confirm the treatment support order if— a finding of unfitness has been made in relation to the person; and the person has not been found fit for trial on a review of the person’s fitness for trial under chapter 12 , part 6 ; and the proceeding for the relevant offence has not been discontinued under section 490 or 491 .\n- (a) a finding of unfitness has been made in relation to the person; and\n- (b) the person has not been found fit for trial on a review of the person’s fitness for trial under chapter 12 , part 6 ; and\n- (c) the proceeding for the relevant offence has not been discontinued under section 490 or 491 .","sortOrder":637},{"sectionNumber":"sec.474","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.474 Application of sdiv 2\n\nThis subdivision applies if, on a review of a treatment support order, the tribunal confirms the order.","sortOrder":638},{"sectionNumber":"sec.475","sectionType":"section","heading":"Change of category to community","content":"### sec.475 Change of category to community\n\nIf the category of the treatment support order is inpatient, the tribunal must change the category of the order to community unless the tribunal considers that 1 or more of the following can not reasonably be met if the category of the order is community—\nthe person’s treatment and care needs;\nthe safety and welfare of the person;\nthe safety of others.\n- (a) the person’s treatment and care needs;\n- (b) the safety and welfare of the person;\n- (c) the safety of others.","sortOrder":639},{"sectionNumber":"sec.476","sectionType":"section","heading":"Community category—deciding whether authorised doctor may reduce treatment in community","content":"### sec.476 Community category—deciding whether authorised doctor may reduce treatment in community\n\nThis section applies if—\nthe category of the treatment support order is community; or\nthe tribunal changes the category of the treatment support order to community under section 475 .\nThe tribunal must decide whether an authorised doctor may, under section 216 (1) , amend the person’s treatment support order to reduce the extent of treatment in the community received by the person.\n(sec.476-ssec.1) This section applies if— the category of the treatment support order is community; or the tribunal changes the category of the treatment support order to community under section 475 .\n(sec.476-ssec.2) The tribunal must decide whether an authorised doctor may, under section 216 (1) , amend the person’s treatment support order to reduce the extent of treatment in the community received by the person.\n- (a) the category of the treatment support order is community; or\n- (b) the tribunal changes the category of the treatment support order to community under section 475 .","sortOrder":640},{"sectionNumber":"sec.477","sectionType":"section","heading":"Inpatient category—limited community treatment","content":"### sec.477 Inpatient category—limited community treatment\n\nThis section applies if the category of the treatment support order is inpatient.\nThe tribunal may approve limited community treatment, or an extension of limited community treatment, for the person.\nIn deciding whether to approve or extend limited community treatment under subsection (2) , the tribunal must have regard to the purpose of limited community treatment.\nIf the tribunal approves or extends limited community treatment under subsection (2) , the tribunal must also decide whether an authorised doctor may, under section 216 (1) , amend the person’s treatment support order to reduce the extent of treatment in the community received by the person.\n(sec.477-ssec.1) This section applies if the category of the treatment support order is inpatient.\n(sec.477-ssec.2) The tribunal may approve limited community treatment, or an extension of limited community treatment, for the person.\n(sec.477-ssec.3) In deciding whether to approve or extend limited community treatment under subsection (2) , the tribunal must have regard to the purpose of limited community treatment.\n(sec.477-ssec.4) If the tribunal approves or extends limited community treatment under subsection (2) , the tribunal must also decide whether an authorised doctor may, under section 216 (1) , amend the person’s treatment support order to reduce the extent of treatment in the community received by the person.","sortOrder":641},{"sectionNumber":"sec.478","sectionType":"section","heading":"Conditions","content":"### sec.478 Conditions\n\nThe tribunal may—\nchange or remove a condition to which the treatment support order is subject; or\nimpose a condition on the treatment support order.\nWithout limiting subsection (1) , the tribunal may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\nHowever, the tribunal may not impose a condition on the treatment support order that requires the person to take a particular medication or a particular dosage of a medication.\n(sec.478-ssec.1) The tribunal may— change or remove a condition to which the treatment support order is subject; or impose a condition on the treatment support order.\n(sec.478-ssec.2) Without limiting subsection (1) , the tribunal may impose a condition that the person must not contact a stated person, including, for example, a victim of the relevant unlawful act.\n(sec.478-ssec.3) However, the tribunal may not impose a condition on the treatment support order that requires the person to take a particular medication or a particular dosage of a medication.\n- (a) change or remove a condition to which the treatment support order is subject; or\n- (b) impose a condition on the treatment support order.","sortOrder":642},{"sectionNumber":"sec.479","sectionType":"section","heading":"Transfer to another authorised mental health service","content":"### sec.479 Transfer to another authorised mental health service\n\nThe tribunal may order the person’s transfer to another authorised mental health service to provide treatment and care for the person.\nIn deciding whether to order the person’s transfer under subsection (1) , the tribunal must have regard to the following—\nthe person’s mental state and psychiatric history;\nthe person’s treatment and care needs;\nthe security requirements for the person;\nthe capacity of the authorised mental health service to which the person is to be transferred;\nto the greatest extent practicable, the views, wishes and preferences of the person;\nwithout limiting paragraphs (a) to (e) , whether the transfer is appropriate in the circumstances.\nto allow the person to be in closer proximity to their family, carers or other support persons\ns 479 amd 2022 No. 1 s 82\n(sec.479-ssec.1) The tribunal may order the person’s transfer to another authorised mental health service to provide treatment and care for the person.\n(sec.479-ssec.2) In deciding whether to order the person’s transfer under subsection (1) , the tribunal must have regard to the following— the person’s mental state and psychiatric history; the person’s treatment and care needs; the security requirements for the person; the capacity of the authorised mental health service to which the person is to be transferred; to the greatest extent practicable, the views, wishes and preferences of the person; without limiting paragraphs (a) to (e) , whether the transfer is appropriate in the circumstances. to allow the person to be in closer proximity to their family, carers or other support persons\n- (a) the person’s mental state and psychiatric history;\n- (b) the person’s treatment and care needs;\n- (c) the security requirements for the person;\n- (d) the capacity of the authorised mental health service to which the person is to be transferred;\n- (e) to the greatest extent practicable, the views, wishes and preferences of the person;\n- (f) without limiting paragraphs (a) to (e) , whether the transfer is appropriate in the circumstances. Example of when a transfer under this section may be appropriate— to allow the person to be in closer proximity to their family, carers or other support persons","sortOrder":643},{"sectionNumber":"sec.480","sectionType":"section","heading":"Change of category to inpatient","content":"### sec.480 Change of category to inpatient\n\nThis section applies if the category of the treatment support order is community.\nThe tribunal may change the category of the order to inpatient, but only if the tribunal considers it is reasonably necessary for an authorised doctor to examine the person in order to review the person’s treatment and care needs.\nUnder section 216 , the authorised doctor who examines the person may change the nature or extent of the person’s treatment in the community.\nIf the tribunal changes the category of the treatment support order under this section to inpatient, the tribunal may authorise an authorised person to transport the person to an inpatient unit of a stated authorised mental health service.\nFor subsection (3) , an authorised person may transport the person to an inpatient unit of the stated authorised mental health service.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.480-ssec.1) This section applies if the category of the treatment support order is community.\n(sec.480-ssec.2) The tribunal may change the category of the order to inpatient, but only if the tribunal considers it is reasonably necessary for an authorised doctor to examine the person in order to review the person’s treatment and care needs. Under section 216 , the authorised doctor who examines the person may change the nature or extent of the person’s treatment in the community.\n(sec.480-ssec.3) If the tribunal changes the category of the treatment support order under this section to inpatient, the tribunal may authorise an authorised person to transport the person to an inpatient unit of a stated authorised mental health service.\n(sec.480-ssec.4) For subsection (3) , an authorised person may transport the person to an inpatient unit of the stated authorised mental health service. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .","sortOrder":644},{"sectionNumber":"sec.481","sectionType":"section","heading":"Other orders","content":"### sec.481 Other orders\n\nSubject to the other provisions of this subdivision, the tribunal may provide for any other matter the tribunal considers appropriate.","sortOrder":645},{"sectionNumber":"sec.482","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.482 Application of sdiv 3\n\nThis subdivision applies if the tribunal decides to revoke the treatment support order.","sortOrder":646},{"sectionNumber":"sec.483","sectionType":"section","heading":"Making of treatment authority or no further order","content":"### sec.483 Making of treatment authority or no further order\n\nThe tribunal may—\nmake no further order for the person; or\nmake a treatment authority for the person.\nThe tribunal may make a treatment authority for the person under subsection (1) (b) only on the recommendation of an authorised psychiatrist who considers, after examining the person, that—\nthe treatment criteria apply to the person; and\nthere is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\nThe treatment authority must state the following—\nthe category of the authority;\nthe authorised mental health service responsible for the person;\nthe nature and extent of any limited community treatment the person is to receive;\nany conditions the tribunal considers necessary for the person’s treatment and care, other than a condition requiring the person to take a particular medication or a particular dosage of a medication.\nThe tribunal may decide the category of the treatment authority is inpatient only if the tribunal is satisfied that 1 or more of the following can not reasonably be met if the category of the authority is community—\nthe person’s treatment and care needs;\nthe safety and welfare of the person;\nthe safety of others.\nIn deciding the nature and extent of any limited community treatment under subsection (3) (c) , the tribunal must have regard to the purpose of limited community treatment.\nIf the tribunal decides the category of the treatment authority is community, the tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.\nThe treatment authority is taken to be a treatment authority made under section 49 by the authorised psychiatrist mentioned in subsection (2) .\nDespite subsection (7) and section 413 (1) , the tribunal must review the treatment authority—\nwithin 6 months after the authority is made; and\nwithin 6 months after the review under paragraph (a) is completed; and\nat intervals of not more than 12 months after the review under paragraph (b) is completed.\nSections 53 and 59 apply to the treatment authority as if a reference in the sections to the authorised doctor were a reference to the authorised psychiatrist mentioned in subsection (2) .\nAs soon as practicable after the treatment authority is made, the authorised psychiatrist mentioned in subsection (2) must decide the nature and extent of the treatment and care to be provided to the person under the authority.\ns 483 amd 2017 No. 3 s 38\n(sec.483-ssec.1) The tribunal may— make no further order for the person; or make a treatment authority for the person.\n(sec.483-ssec.2) The tribunal may make a treatment authority for the person under subsection (1) (b) only on the recommendation of an authorised psychiatrist who considers, after examining the person, that— the treatment criteria apply to the person; and there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n(sec.483-ssec.3) The treatment authority must state the following— the category of the authority; the authorised mental health service responsible for the person; the nature and extent of any limited community treatment the person is to receive; any conditions the tribunal considers necessary for the person’s treatment and care, other than a condition requiring the person to take a particular medication or a particular dosage of a medication.\n(sec.483-ssec.4) The tribunal may decide the category of the treatment authority is inpatient only if the tribunal is satisfied that 1 or more of the following can not reasonably be met if the category of the authority is community— the person’s treatment and care needs; the safety and welfare of the person; the safety of others.\n(sec.483-ssec.5) In deciding the nature and extent of any limited community treatment under subsection (3) (c) , the tribunal must have regard to the purpose of limited community treatment.\n(sec.483-ssec.6) If the tribunal decides the category of the treatment authority is community, the tribunal must decide whether an authorised doctor may, at a future time, reduce the extent of treatment in the community received by the person.\n(sec.483-ssec.7) The treatment authority is taken to be a treatment authority made under section 49 by the authorised psychiatrist mentioned in subsection (2) .\n(sec.483-ssec.8) Despite subsection (7) and section 413 (1) , the tribunal must review the treatment authority— within 6 months after the authority is made; and within 6 months after the review under paragraph (a) is completed; and at intervals of not more than 12 months after the review under paragraph (b) is completed.\n(sec.483-ssec.9) Sections 53 and 59 apply to the treatment authority as if a reference in the sections to the authorised doctor were a reference to the authorised psychiatrist mentioned in subsection (2) .\n(sec.483-ssec.10) As soon as practicable after the treatment authority is made, the authorised psychiatrist mentioned in subsection (2) must decide the nature and extent of the treatment and care to be provided to the person under the authority.\n- (a) make no further order for the person; or\n- (b) make a treatment authority for the person.\n- (a) the treatment criteria apply to the person; and\n- (b) there is no less restrictive way for the person to receive treatment and care for the person’s mental illness.\n- (a) the category of the authority;\n- (b) the authorised mental health service responsible for the person;\n- (c) the nature and extent of any limited community treatment the person is to receive;\n- (d) any conditions the tribunal considers necessary for the person’s treatment and care, other than a condition requiring the person to take a particular medication or a particular dosage of a medication.\n- (a) the person’s treatment and care needs;\n- (b) the safety and welfare of the person;\n- (c) the safety of others.\n- (a) within 6 months after the authority is made; and\n- (b) within 6 months after the review under paragraph (a) is completed; and\n- (c) at intervals of not more than 12 months after the review under paragraph (b) is completed.","sortOrder":647},{"sectionNumber":"ch.12-pt.6","sectionType":"part","heading":"Review of fitness for trial","content":"# Review of fitness for trial","sortOrder":648},{"sectionNumber":"ch.12-pt.6-div.1","sectionType":"division","heading":"Review","content":"## Review","sortOrder":649},{"sectionNumber":"sec.484","sectionType":"section","heading":"Application of div 1","content":"### sec.484 Application of div 1\n\nThis division applies to a person charged with an offence if—\na finding of unfitness has been made in relation to the person; and\nthe person has not been found fit for trial; and\nthe proceeding against the person for the offence has not been discontinued under this Act or otherwise.\n- (a) a finding of unfitness has been made in relation to the person; and\n- (b) the person has not been found fit for trial; and\n- (c) the proceeding against the person for the offence has not been discontinued under this Act or otherwise.","sortOrder":650},{"sectionNumber":"sec.485","sectionType":"section","heading":"Meaning of finding of unfitness","content":"### sec.485 Meaning of finding of unfitness\n\nFor this division, a finding of unfitness is made in relation to a person if—\non a reference in relation to the person, the Mental Health Court decides under section 118 the person is unfit for trial and the unfitness for trial is not permanent; or\nUnder section 132 , the Mental Health Court must make a forensic order (mental health), forensic order (disability) or treatment support order for the person.\non the trial of the person for an indictable offence, a jury makes a section 613 finding or section 645 finding in relation to the person.\n- (a) on a reference in relation to the person, the Mental Health Court decides under section 118 the person is unfit for trial and the unfitness for trial is not permanent; or Note— Under section 132 , the Mental Health Court must make a forensic order (mental health), forensic order (disability) or treatment support order for the person.\n- (b) on the trial of the person for an indictable offence, a jury makes a section 613 finding or section 645 finding in relation to the person.","sortOrder":651},{"sectionNumber":"sec.486","sectionType":"section","heading":"When reviews are conducted","content":"### sec.486 When reviews are conducted\n\nThe tribunal must review the person’s fitness for trial—\nfor the period of 1 year starting on the day the finding of unfitness is made—at intervals of not more than 3 months; and\nafter the period mentioned in paragraph (a) has ended—at intervals of not more than 6 months after the last review under paragraph (a) is completed.\nAlso, the tribunal must review the person’s fitness for trial on application by—\nthe person; or\nan interested person for the person mentioned in paragraph (a) ; or\nthe chief psychiatrist; or\nthe director of forensic disability.\nFurther, the tribunal may at any time, on its own initiative, review the person’s fitness for trial.\n(sec.486-ssec.1) The tribunal must review the person’s fitness for trial— for the period of 1 year starting on the day the finding of unfitness is made—at intervals of not more than 3 months; and after the period mentioned in paragraph (a) has ended—at intervals of not more than 6 months after the last review under paragraph (a) is completed.\n(sec.486-ssec.2) Also, the tribunal must review the person’s fitness for trial on application by— the person; or an interested person for the person mentioned in paragraph (a) ; or the chief psychiatrist; or the director of forensic disability.\n(sec.486-ssec.3) Further, the tribunal may at any time, on its own initiative, review the person’s fitness for trial.\n- (a) for the period of 1 year starting on the day the finding of unfitness is made—at intervals of not more than 3 months; and\n- (b) after the period mentioned in paragraph (a) has ended—at intervals of not more than 6 months after the last review under paragraph (a) is completed.\n- (a) the person; or\n- (b) an interested person for the person mentioned in paragraph (a) ; or\n- (c) the chief psychiatrist; or\n- (d) the director of forensic disability.","sortOrder":652},{"sectionNumber":"sec.487","sectionType":"section","heading":"Notice of hearing","content":"### sec.487 Notice of hearing\n\nThe tribunal must give each of the following persons written notice of the hearing of a review of the person’s fitness for trial—\nthe person;\nfor a review under section 486 (2) , if the person is not the applicant—the applicant;\nif an authorised mental health service is responsible for the person—\nthe administrator of the service; and\nthe chief psychiatrist;\nif the forensic disability service is responsible for the person—\nthe administrator of the service; and\nthe director of forensic disability;\nthe Attorney-General.\nThe notice must be given at least 7 days before the hearing.\n(sec.487-ssec.1) The tribunal must give each of the following persons written notice of the hearing of a review of the person’s fitness for trial— the person; for a review under section 486 (2) , if the person is not the applicant—the applicant; if an authorised mental health service is responsible for the person— the administrator of the service; and the chief psychiatrist; if the forensic disability service is responsible for the person— the administrator of the service; and the director of forensic disability; the Attorney-General.\n(sec.487-ssec.2) The notice must be given at least 7 days before the hearing.\n- (a) the person;\n- (b) for a review under section 486 (2) , if the person is not the applicant—the applicant;\n- (c) if an authorised mental health service is responsible for the person— (i) the administrator of the service; and (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (d) if the forensic disability service is responsible for the person— (i) the administrator of the service; and (ii) the director of forensic disability;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;\n- (e) the Attorney-General.\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;","sortOrder":653},{"sectionNumber":"sec.488","sectionType":"section","heading":"Decisions on review","content":"### sec.488 Decisions on review\n\nOn the hearing of the review, the tribunal must consider the person’s mental state and decide whether the person is fit for trial.\nIf, on the last review conducted under section 486 (1) (a) , or on a review conducted under section 486 (1) (b) , the tribunal decides the person is unfit for trial, the tribunal must also decide whether the person is likely to be fit for trial in a reasonable time.\n(sec.488-ssec.1) On the hearing of the review, the tribunal must consider the person’s mental state and decide whether the person is fit for trial.\n(sec.488-ssec.2) If, on the last review conducted under section 486 (1) (a) , or on a review conducted under section 486 (1) (b) , the tribunal decides the person is unfit for trial, the tribunal must also decide whether the person is likely to be fit for trial in a reasonable time.","sortOrder":654},{"sectionNumber":"ch.12-pt.6-div.2","sectionType":"division","heading":"Procedures following review if person unfit for trial","content":"## Procedures following review if person unfit for trial","sortOrder":655},{"sectionNumber":"sec.489","sectionType":"section","heading":"Application of div 2","content":"### sec.489 Application of div 2\n\nThis division applies if, on a review under division 1 of the fitness for trial of a person charged with an offence (the relevant offence ), the tribunal decides the person is unfit for trial.","sortOrder":656},{"sectionNumber":"sec.490","sectionType":"section","heading":"Director of public prosecutions to decide whether proceeding to be discontinued","content":"### sec.490 Director of public prosecutions to decide whether proceeding to be discontinued\n\nThe director of public prosecutions must—\nwithin 28 days after receiving written notice of the tribunal’s decision, decide whether to discontinue the proceeding against the person for the relevant offence; and\nThe tribunal must give the director of public prosecutions written notice of the tribunal’s decision. See section 755 (3) .\nwithin 7 days after making the decision under paragraph (a) , give the tribunal written notice of the decision.\n- (a) within 28 days after receiving written notice of the tribunal’s decision, decide whether to discontinue the proceeding against the person for the relevant offence; and Note— The tribunal must give the director of public prosecutions written notice of the tribunal’s decision. See section 755 (3) .\n- (b) within 7 days after making the decision under paragraph (a) , give the tribunal written notice of the decision.","sortOrder":657},{"sectionNumber":"sec.491","sectionType":"section","heading":"Proceeding discontinued at end of prescribed period","content":"### sec.491 Proceeding discontinued at end of prescribed period\n\nThe proceeding against the person for the relevant offence is discontinued at the end of the prescribed period if—\nthe director of public prosecutions has not decided under section 490 to discontinue the proceeding; or\nthe tribunal has not decided the person is fit for trial.\nFor subsection (1) , the prescribed period is—\nfor a proceeding for an offence for which the person is liable to life imprisonment—7 years from the day the finding of unfitness was made; or\nfor a proceeding for another offence—3 years from the day the finding of unfitness was made.\nIn calculating the prescribed period, the following periods must be disregarded—\na period for which the person is a patient required to return;\na period for which the Forensic Disability Act , section 113 applies to the person.\n(sec.491-ssec.1) The proceeding against the person for the relevant offence is discontinued at the end of the prescribed period if— the director of public prosecutions has not decided under section 490 to discontinue the proceeding; or the tribunal has not decided the person is fit for trial.\n(sec.491-ssec.2) For subsection (1) , the prescribed period is— for a proceeding for an offence for which the person is liable to life imprisonment—7 years from the day the finding of unfitness was made; or for a proceeding for another offence—3 years from the day the finding of unfitness was made.\n(sec.491-ssec.3) In calculating the prescribed period, the following periods must be disregarded— a period for which the person is a patient required to return; a period for which the Forensic Disability Act , section 113 applies to the person.\n- (a) the director of public prosecutions has not decided under section 490 to discontinue the proceeding; or\n- (b) the tribunal has not decided the person is fit for trial.\n- (a) for a proceeding for an offence for which the person is liable to life imprisonment—7 years from the day the finding of unfitness was made; or\n- (b) for a proceeding for another offence—3 years from the day the finding of unfitness was made.\n- (a) a period for which the person is a patient required to return;\n- (b) a period for which the Forensic Disability Act , section 113 applies to the person.","sortOrder":658},{"sectionNumber":"sec.492","sectionType":"section","heading":"Effect of discontinuing proceeding","content":"### sec.492 Effect of discontinuing proceeding\n\nThis section applies if the proceeding against the person for the relevant offence is discontinued—\nby the director of public prosecutions under section 490 ; or\nunder section 491 .\nThe director of public prosecutions must, within 7 days after the proceeding is discontinued, give each of the following persons written notice of the discontinuance of the proceeding—\nthe person;\nthe registrar of the court in which the proceeding for the relevant offence was being conducted;\nif the director of public prosecutions was not the prosecuting authority for the relevant offence—the prosecuting authority for the relevant offence;\nthe tribunal;\nif an authorised mental health service is responsible for the person—the chief psychiatrist;\nif the forensic disability service is responsible for the person—the director of forensic disability;\nthe Attorney-General.\nThe person can not be prosecuted again for the relevant offence.\nDespite the discontinuance of the proceeding, the forensic order or treatment support order to which the person is subject continues in force.\nIf the proceeding against the person for the offence is discontinued other than under section 490 or 491 , the order to which the person is subject ends. See section 154 .\n(sec.492-ssec.1) This section applies if the proceeding against the person for the relevant offence is discontinued— by the director of public prosecutions under section 490 ; or under section 491 .\n(sec.492-ssec.2) The director of public prosecutions must, within 7 days after the proceeding is discontinued, give each of the following persons written notice of the discontinuance of the proceeding— the person; the registrar of the court in which the proceeding for the relevant offence was being conducted; if the director of public prosecutions was not the prosecuting authority for the relevant offence—the prosecuting authority for the relevant offence; the tribunal; if an authorised mental health service is responsible for the person—the chief psychiatrist; if the forensic disability service is responsible for the person—the director of forensic disability; the Attorney-General.\n(sec.492-ssec.3) The person can not be prosecuted again for the relevant offence.\n(sec.492-ssec.4) Despite the discontinuance of the proceeding, the forensic order or treatment support order to which the person is subject continues in force. If the proceeding against the person for the offence is discontinued other than under section 490 or 491 , the order to which the person is subject ends. See section 154 .\n- (a) by the director of public prosecutions under section 490 ; or\n- (b) under section 491 .\n- (a) the person;\n- (b) the registrar of the court in which the proceeding for the relevant offence was being conducted;\n- (c) if the director of public prosecutions was not the prosecuting authority for the relevant offence—the prosecuting authority for the relevant offence;\n- (d) the tribunal;\n- (e) if an authorised mental health service is responsible for the person—the chief psychiatrist;\n- (f) if the forensic disability service is responsible for the person—the director of forensic disability;\n- (g) the Attorney-General.","sortOrder":659},{"sectionNumber":"sec.493","sectionType":"section","heading":"Proceeding may be discontinued at other time","content":"### sec.493 Proceeding may be discontinued at other time\n\nNothing in this division prevents the proceeding against the person for the relevant offence being discontinued at any time, other than under section 490 or 491 .","sortOrder":660},{"sectionNumber":"ch.12-pt.6-div.3","sectionType":"division","heading":"Procedures following review if person fit for trial","content":"## Procedures following review if person fit for trial","sortOrder":661},{"sectionNumber":"sec.494","sectionType":"section","heading":"Application of div 3","content":"### sec.494 Application of div 3\n\nThis division applies if, on a review under division 1 of the fitness for trial of a person charged with an offence (the relevant offence ), the tribunal decides the person is fit for trial.","sortOrder":662},{"sectionNumber":"sec.495","sectionType":"section","heading":"Definitions for div 3","content":"### sec.495 Definitions for div 3\n\nIn this division—\nrelevant court means the court in which the proceeding for the relevant offence has been brought.\nrelevant offence see section 494 .","sortOrder":663},{"sectionNumber":"sec.496","sectionType":"section","heading":"Director of public prosecutions to give notice of fitness for trial","content":"### sec.496 Director of public prosecutions to give notice of fitness for trial\n\nThe director of public prosecutions must, within 7 days after receiving written notice of the tribunal’s decision, give written notice of the tribunal’s decision to—\nthe registrar of the relevant court; and\nif the director of public prosecutions is not the prosecuting authority for the relevant offence—the prosecuting authority for the relevant offence.\nThe tribunal must give the director of public prosecutions written notice of the tribunal’s decision. See section 755 (3) .\n- (a) the registrar of the relevant court; and\n- (b) if the director of public prosecutions is not the prosecuting authority for the relevant offence—the prosecuting authority for the relevant offence. Note— The tribunal must give the director of public prosecutions written notice of the tribunal’s decision. See section 755 (3) .","sortOrder":664},{"sectionNumber":"sec.497","sectionType":"section","heading":"Listing proceeding for mention","content":"### sec.497 Listing proceeding for mention\n\nThe registrar of the relevant court must arrange for the proceeding for the relevant offence to be listed for mention—\nwithin 7 days after being notified of the tribunal’s decision; or\nif the court can not be constituted within the period mentioned in paragraph (a) —at the earliest opportunity after the end of that period.\nOn the person’s appearance at the mention of the proceeding, the forensic order or treatment support order to which the person is subject ends.\nAn authorised person may transport the person from the authorised mental health service in which the person is being detained to the relevant court for the person’s appearance at the mention of the proceeding.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nHowever, subsection (3) does not prevent the person appearing at the mention of the proceeding by remote conferencing while remaining at the authorised mental health service.\nThe person may be detained at the authorised mental health service until—\nthe person leaves the service to appear at the mention of the proceeding; or\nif the person appears at the mention of the proceeding by remote conferencing while remaining at the service—the person is taken into custody.\nIn this section—\nmention includes review.\n(sec.497-ssec.1) The registrar of the relevant court must arrange for the proceeding for the relevant offence to be listed for mention— within 7 days after being notified of the tribunal’s decision; or if the court can not be constituted within the period mentioned in paragraph (a) —at the earliest opportunity after the end of that period.\n(sec.497-ssec.2) On the person’s appearance at the mention of the proceeding, the forensic order or treatment support order to which the person is subject ends.\n(sec.497-ssec.3) An authorised person may transport the person from the authorised mental health service in which the person is being detained to the relevant court for the person’s appearance at the mention of the proceeding. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.497-ssec.4) However, subsection (3) does not prevent the person appearing at the mention of the proceeding by remote conferencing while remaining at the authorised mental health service.\n(sec.497-ssec.5) The person may be detained at the authorised mental health service until— the person leaves the service to appear at the mention of the proceeding; or if the person appears at the mention of the proceeding by remote conferencing while remaining at the service—the person is taken into custody.\n(sec.497-ssec.6) In this section— mention includes review.\n- (a) within 7 days after being notified of the tribunal’s decision; or\n- (b) if the court can not be constituted within the period mentioned in paragraph (a) —at the earliest opportunity after the end of that period.\n- (a) the person leaves the service to appear at the mention of the proceeding; or\n- (b) if the person appears at the mention of the proceeding by remote conferencing while remaining at the service—the person is taken into custody.","sortOrder":665},{"sectionNumber":"sec.497A","sectionType":"section","heading":"Prosecuting authority to give chief psychiatrist notice of ending of order","content":"### sec.497A Prosecuting authority to give chief psychiatrist notice of ending of order\n\nThe prosecuting authority for the relevant offence must, within 7 days after the forensic order or treatment support order for the person ends under section 497 (2) , give the chief psychiatrist written notice that the order has ended under that section on a stated day.\ns 497A ins 2018 No. 5 s 161","sortOrder":666},{"sectionNumber":"sec.497B","sectionType":"section","heading":"Disclosure of particular information on ending of order","content":"### sec.497B Disclosure of particular information on ending of order\n\nThe chief psychiatrist must, within 7 days after receiving notice under section 497A of the ending of the forensic order or treatment support order for the person, give the chief executive (justice) written notice under subsection (2) .\nThe notice must state each period for which the category of the forensic order or treatment support order, or of any previous related order, was inpatient.\nSee section 797A for the effect of a period for which the category of a forensic order or treatment support order is inpatient.\nThe chief executive (justice) must, within 7 days after receiving the notice, give a copy of the notice to—\nthe director of public prosecutions; and\nif the person is a child—the chief executive (youth justice); and\nif the person has at any time been in, or immediately after the relevant appearance is in, the custody of the chief executive (corrective services) in relation to the relevant offence—the chief executive (corrective services).\nSee the Corrective Services Act 2006 , section 7 for when a person is taken to be in the custody of the chief executive (corrective services).\nIn this section—\nprevious related order , in relation to a forensic order or treatment support order (each a relevant order ), means—\na forensic order that ended or was revoked on the making of the relevant order; or\na forensic order that ended or was revoked on the making of the forensic order mentioned in paragraph (a) .\nSee section 461 for the making of a forensic order (mental health) or forensic order (disability) for a person subject to a forensic order (Criminal Code).\nSee section 457 for the making of a forensic order (disability) on the revocation of a forensic order (mental health).\nSee section 450 for the making of a treatment support order on the revocation of a forensic order (mental health).\nrelevant appearance , for a person who was subject to a forensic order or treatment support order that ended under section 497 (2) , means the appearance of the person at the mention of the proceeding for the relevant offence that resulted in the ending of the order.\ns 497B ins 2018 No. 5 s 161\n(sec.497B-ssec.1) The chief psychiatrist must, within 7 days after receiving notice under section 497A of the ending of the forensic order or treatment support order for the person, give the chief executive (justice) written notice under subsection (2) .\n(sec.497B-ssec.2) The notice must state each period for which the category of the forensic order or treatment support order, or of any previous related order, was inpatient. See section 797A for the effect of a period for which the category of a forensic order or treatment support order is inpatient.\n(sec.497B-ssec.3) The chief executive (justice) must, within 7 days after receiving the notice, give a copy of the notice to— the director of public prosecutions; and if the person is a child—the chief executive (youth justice); and if the person has at any time been in, or immediately after the relevant appearance is in, the custody of the chief executive (corrective services) in relation to the relevant offence—the chief executive (corrective services). See the Corrective Services Act 2006 , section 7 for when a person is taken to be in the custody of the chief executive (corrective services).\n(sec.497B-ssec.4) In this section— previous related order , in relation to a forensic order or treatment support order (each a relevant order ), means— a forensic order that ended or was revoked on the making of the relevant order; or a forensic order that ended or was revoked on the making of the forensic order mentioned in paragraph (a) . See section 461 for the making of a forensic order (mental health) or forensic order (disability) for a person subject to a forensic order (Criminal Code). See section 457 for the making of a forensic order (disability) on the revocation of a forensic order (mental health). See section 450 for the making of a treatment support order on the revocation of a forensic order (mental health). relevant appearance , for a person who was subject to a forensic order or treatment support order that ended under section 497 (2) , means the appearance of the person at the mention of the proceeding for the relevant offence that resulted in the ending of the order.\n- (a) the director of public prosecutions; and\n- (b) if the person is a child—the chief executive (youth justice); and\n- (c) if the person has at any time been in, or immediately after the relevant appearance is in, the custody of the chief executive (corrective services) in relation to the relevant offence—the chief executive (corrective services). Note— See the Corrective Services Act 2006 , section 7 for when a person is taken to be in the custody of the chief executive (corrective services).\n- (a) a forensic order that ended or was revoked on the making of the relevant order; or\n- (b) a forensic order that ended or was revoked on the making of the forensic order mentioned in paragraph (a) .\n- 1 See section 461 for the making of a forensic order (mental health) or forensic order (disability) for a person subject to a forensic order (Criminal Code).\n- 2 See section 457 for the making of a forensic order (disability) on the revocation of a forensic order (mental health).\n- 3 See section 450 for the making of a treatment support order on the revocation of a forensic order (mental health).","sortOrder":667},{"sectionNumber":"ch.12-pt.7","sectionType":"part","heading":"Review of detention of minors in high security units","content":"# Review of detention of minors in high security units","sortOrder":668},{"sectionNumber":"sec.498","sectionType":"section","heading":"Application of pt 7","content":"### sec.498 Application of pt 7\n\nThis part applies if the chief psychiatrist approves—\nunder section 70 , that the administrator of a high security unit may give consent for a minor to be transported to the high security unit for assessment, treatment and care; or\nunder section 351 , the transfer of responsibility for a minor to a high security unit.\nThe administrator of the high security unit must give the tribunal written notice of the minor’s admission, or transfer, to the high security unit. See sections 77 and 358 .\n- (a) under section 70 , that the administrator of a high security unit may give consent for a minor to be transported to the high security unit for assessment, treatment and care; or\n- (b) under section 351 , the transfer of responsibility for a minor to a high security unit.","sortOrder":669},{"sectionNumber":"sec.499","sectionType":"section","heading":"When reviews are conducted","content":"### sec.499 When reviews are conducted\n\nThe tribunal must review the minor’s detention in the high security unit—\nwithin 7 days after the tribunal is notified of the chief psychiatrist’s approval; and\nat intervals of not more than 3 months after the review under paragraph (a) is completed.\nAlso, the tribunal must review the minor’s detention in the high security unit on application by—\nthe minor; or\nan interested person for the minor.\nFurther, the tribunal may at any time, on its own initiative, review the minor’s detention in the high security unit.\n(sec.499-ssec.1) The tribunal must review the minor’s detention in the high security unit— within 7 days after the tribunal is notified of the chief psychiatrist’s approval; and at intervals of not more than 3 months after the review under paragraph (a) is completed.\n(sec.499-ssec.2) Also, the tribunal must review the minor’s detention in the high security unit on application by— the minor; or an interested person for the minor.\n(sec.499-ssec.3) Further, the tribunal may at any time, on its own initiative, review the minor’s detention in the high security unit.\n- (a) within 7 days after the tribunal is notified of the chief psychiatrist’s approval; and\n- (b) at intervals of not more than 3 months after the review under paragraph (a) is completed.\n- (a) the minor; or\n- (b) an interested person for the minor.","sortOrder":670},{"sectionNumber":"sec.500","sectionType":"section","heading":"Notice of hearing","content":"### sec.500 Notice of hearing\n\nThe tribunal must give each of the following persons written notice of the hearing of a review of the minor’s detention in the high security unit—\nthe minor;\nfor a review under section 499 (2) , if the minor is not the applicant—the applicant;\nthe administrator of the high security unit;\nthe chief psychiatrist.\nSee section 287 (5) for when the notice may be given to the minor’s parent as well as, or instead of, the minor.\nThe notice must be given at least 7 days before the hearing.\nHowever, subsection (2) does not apply for the first review of the minor’s detention.\n(sec.500-ssec.1) The tribunal must give each of the following persons written notice of the hearing of a review of the minor’s detention in the high security unit— the minor; for a review under section 499 (2) , if the minor is not the applicant—the applicant; the administrator of the high security unit; the chief psychiatrist. See section 287 (5) for when the notice may be given to the minor’s parent as well as, or instead of, the minor.\n(sec.500-ssec.2) The notice must be given at least 7 days before the hearing.\n(sec.500-ssec.3) However, subsection (2) does not apply for the first review of the minor’s detention.\n- (a) the minor;\n- (b) for a review under section 499 (2) , if the minor is not the applicant—the applicant;\n- (c) the administrator of the high security unit;\n- (d) the chief psychiatrist.","sortOrder":671},{"sectionNumber":"sec.501","sectionType":"section","heading":"Decision on review","content":"### sec.501 Decision on review\n\nOn a review of the minor’s detention in the high security unit, the tribunal must decide whether—\nthe minor should continue to be detained in the high security unit; or\nresponsibility for the minor should be transferred from the high security unit to an authorised mental health service that is not a high security unit.\nIn deciding the review, the tribunal must have regard to the following—\nthe minor’s mental state and psychiatric history;\nthe minor’s treatment and care needs;\nthe minor’s security requirements.\n(sec.501-ssec.1) On a review of the minor’s detention in the high security unit, the tribunal must decide whether— the minor should continue to be detained in the high security unit; or responsibility for the minor should be transferred from the high security unit to an authorised mental health service that is not a high security unit.\n(sec.501-ssec.2) In deciding the review, the tribunal must have regard to the following— the minor’s mental state and psychiatric history; the minor’s treatment and care needs; the minor’s security requirements.\n- (a) the minor should continue to be detained in the high security unit; or\n- (b) responsibility for the minor should be transferred from the high security unit to an authorised mental health service that is not a high security unit.\n- (a) the minor’s mental state and psychiatric history;\n- (b) the minor’s treatment and care needs;\n- (c) the minor’s security requirements.","sortOrder":672},{"sectionNumber":"ch.12-pt.8","sectionType":"part","heading":"Applications for examination authorities","content":"# Applications for examination authorities","sortOrder":673},{"sectionNumber":"sec.502","sectionType":"section","heading":"Application for examination authority","content":"### sec.502 Application for examination authority\n\nThe following persons may apply to the tribunal for an authority (an examination authority ) for another person—\nthe administrator of an authorised mental health service;\na person authorised in writing by the administrator of an authorised mental health service to make an application under this section;\na person who has received advice, from a doctor or authorised mental health practitioner, about the clinical matters for the person who is the subject of the application.\nSee section 32 for the powers of a doctor or authorised mental health practitioner under an examination authority.\nThe approved form for the application must include a statement by a doctor or authorised mental health practitioner about whether the behaviour of the person, or other relevant factors, could reasonably be considered to satisfy the requirements under section 504 (2) for making an examination authority for the person.\nThe application must be made in the approved form. See section 725 .\nIn this section—\nclinical matters , for a person, means—\ngeneral information about the treatment criteria, their application to the person, and whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness; and\nwhether the behaviour of the person, or other relevant factors, could reasonably be considered to satisfy the requirements under section 504 (2) for making an examination authority for the person; and\noptions for the treatment and care of the person; and\nhow the person might be encouraged to have a voluntary examination relating to the person’s mental illness.\ns 502 amd 2017 No. 3 s 39\n(sec.502-ssec.1) The following persons may apply to the tribunal for an authority (an examination authority ) for another person— the administrator of an authorised mental health service; a person authorised in writing by the administrator of an authorised mental health service to make an application under this section; a person who has received advice, from a doctor or authorised mental health practitioner, about the clinical matters for the person who is the subject of the application. See section 32 for the powers of a doctor or authorised mental health practitioner under an examination authority.\n(sec.502-ssec.2) The approved form for the application must include a statement by a doctor or authorised mental health practitioner about whether the behaviour of the person, or other relevant factors, could reasonably be considered to satisfy the requirements under section 504 (2) for making an examination authority for the person. The application must be made in the approved form. See section 725 .\n(sec.502-ssec.3) In this section— clinical matters , for a person, means— general information about the treatment criteria, their application to the person, and whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness; and whether the behaviour of the person, or other relevant factors, could reasonably be considered to satisfy the requirements under section 504 (2) for making an examination authority for the person; and options for the treatment and care of the person; and how the person might be encouraged to have a voluntary examination relating to the person’s mental illness. s 502 amd 2017 No. 3 s 39\n- (a) the administrator of an authorised mental health service;\n- (b) a person authorised in writing by the administrator of an authorised mental health service to make an application under this section;\n- (c) a person who has received advice, from a doctor or authorised mental health practitioner, about the clinical matters for the person who is the subject of the application.\n- (a) general information about the treatment criteria, their application to the person, and whether there is a less restrictive way for the person to receive treatment and care for the person’s mental illness; and\n- (b) whether the behaviour of the person, or other relevant factors, could reasonably be considered to satisfy the requirements under section 504 (2) for making an examination authority for the person; and\n- (c) options for the treatment and care of the person; and\n- (d) how the person might be encouraged to have a voluntary examination relating to the person’s mental illness.","sortOrder":674},{"sectionNumber":"sec.503","sectionType":"section","heading":"Notice of hearing","content":"### sec.503 Notice of hearing\n\nThe tribunal must give the applicant written notice of the hearing of the application.\nThe notice must be given—\nat least 3 days before the hearing; or\nif the applicant agrees to a shorter period before the hearing—at least the agreed period before the hearing.\n(sec.503-ssec.1) The tribunal must give the applicant written notice of the hearing of the application.\n(sec.503-ssec.2) The notice must be given— at least 3 days before the hearing; or if the applicant agrees to a shorter period before the hearing—at least the agreed period before the hearing.\n- (a) at least 3 days before the hearing; or\n- (b) if the applicant agrees to a shorter period before the hearing—at least the agreed period before the hearing.","sortOrder":675},{"sectionNumber":"sec.504","sectionType":"section","heading":"Decision on application","content":"### sec.504 Decision on application\n\nIn deciding the application, the tribunal must issue, or refuse to issue, an examination authority for the person.\nHowever, the tribunal may issue an examination authority for the person only if the tribunal considers—\nthe person has, or may have, a mental illness; and\nthe person does not, or may not, have capacity to consent to be treated for the mental illness; and\neither—\nreasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or\nit is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and\nthere is, or may be, an imminent risk, because of the person’s mental illness, of—\nserious harm to the person or someone else; or\nthe person suffering serious mental or physical deterioration.\nAn examination authority must—\nbe in the approved form; and\nstate the authorised mental health service responsible for the examination of the person under the authority.\ns 504 amd 2017 No. 3 s 40\n(sec.504-ssec.1) In deciding the application, the tribunal must issue, or refuse to issue, an examination authority for the person.\n(sec.504-ssec.2) However, the tribunal may issue an examination authority for the person only if the tribunal considers— the person has, or may have, a mental illness; and the person does not, or may not, have capacity to consent to be treated for the mental illness; and either— reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and there is, or may be, an imminent risk, because of the person’s mental illness, of— serious harm to the person or someone else; or the person suffering serious mental or physical deterioration.\n(sec.504-ssec.3) An examination authority must— be in the approved form; and state the authorised mental health service responsible for the examination of the person under the authority. s 504 amd 2017 No. 3 s 40\n- (a) the person has, or may have, a mental illness; and\n- (b) the person does not, or may not, have capacity to consent to be treated for the mental illness; and\n- (c) either— (i) reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or (ii) it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and\n- (i) reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or\n- (ii) it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and\n- (d) there is, or may be, an imminent risk, because of the person’s mental illness, of— (i) serious harm to the person or someone else; or (ii) the person suffering serious mental or physical deterioration.\n- (i) serious harm to the person or someone else; or\n- (ii) the person suffering serious mental or physical deterioration.\n- (i) reasonable attempts have been made to encourage the person to have a voluntary examination relating to the person’s mental illness; or\n- (ii) it is not practicable to attempt to encourage the person to have a voluntary examination relating to the person’s mental illness; and\n- (i) serious harm to the person or someone else; or\n- (ii) the person suffering serious mental or physical deterioration.\n- (a) be in the approved form; and\n- (b) state the authorised mental health service responsible for the examination of the person under the authority.","sortOrder":676},{"sectionNumber":"sec.505","sectionType":"section","heading":"Duration of examination authority","content":"### sec.505 Duration of examination authority\n\nAn examination authority is in force for 7 days after the day it is issued.","sortOrder":677},{"sectionNumber":"sec.506","sectionType":"section","heading":"Copy of examination authority to be given to administrator of authorised mental health service","content":"### sec.506 Copy of examination authority to be given to administrator of authorised mental health service\n\nThe tribunal must give a copy of an examination authority to the administrator of the authorised mental health service stated in the authority.","sortOrder":678},{"sectionNumber":"ch.12-pt.9","sectionType":"part","heading":"Applications for approval of regulated treatment","content":"# Applications for approval of regulated treatment","sortOrder":679},{"sectionNumber":"ch.12-pt.9-div.1","sectionType":"division","heading":"Electroconvulsive therapy","content":"## Electroconvulsive therapy","sortOrder":680},{"sectionNumber":"sec.507","sectionType":"section","heading":"Who may apply","content":"### sec.507 Who may apply\n\nA doctor may apply to the tribunal for approval to perform electroconvulsive therapy on another person if the doctor is satisfied—\nthe person is an adult who is—\nsubject to a treatment authority, forensic order or treatment support order; or\nunable to give informed consent to the therapy; or\nthe person is a minor.\ns 507 amd 2022 No. 1 s 83\n- (a) the person is an adult who is— (i) subject to a treatment authority, forensic order or treatment support order; or (ii) unable to give informed consent to the therapy; or\n- (i) subject to a treatment authority, forensic order or treatment support order; or\n- (ii) unable to give informed consent to the therapy; or\n- (b) the person is a minor.\n- (i) subject to a treatment authority, forensic order or treatment support order; or\n- (ii) unable to give informed consent to the therapy; or","sortOrder":681},{"sectionNumber":"sec.508","sectionType":"section","heading":"Notice of hearing","content":"### sec.508 Notice of hearing\n\nThe tribunal must give the following persons written notice of the hearing of the application—\nthe person the subject of the application;\nthe applicant;\nthe administrator of the authorised mental health service identified in the application as the service in which the electroconvulsive therapy is to be performed.\nThe notice must be given—\nif a certificate under section 237 (3) is in force for the person—\nat least 3 days before the hearing; or\nif the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\notherwise—\nat least 7 days before the hearing; or\nif the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing.\n(sec.508-ssec.1) The tribunal must give the following persons written notice of the hearing of the application— the person the subject of the application; the applicant; the administrator of the authorised mental health service identified in the application as the service in which the electroconvulsive therapy is to be performed.\n(sec.508-ssec.2) The notice must be given— if a certificate under section 237 (3) is in force for the person— at least 3 days before the hearing; or if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing; or otherwise— at least 7 days before the hearing; or if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing.\n- (a) the person the subject of the application;\n- (b) the applicant;\n- (c) the administrator of the authorised mental health service identified in the application as the service in which the electroconvulsive therapy is to be performed.\n- (a) if a certificate under section 237 (3) is in force for the person— (i) at least 3 days before the hearing; or (ii) if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\n- (i) at least 3 days before the hearing; or\n- (ii) if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\n- (b) otherwise— (i) at least 7 days before the hearing; or (ii) if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing.\n- (i) at least 7 days before the hearing; or\n- (ii) if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing.\n- (i) at least 3 days before the hearing; or\n- (ii) if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\n- (i) at least 7 days before the hearing; or\n- (ii) if the person, or an interested person for the person, agrees to a shorter period before the hearing—at least the agreed period before the hearing.","sortOrder":682},{"sectionNumber":"sec.509","sectionType":"section","heading":"Decision on application","content":"### sec.509 Decision on application\n\nIn deciding the application, the tribunal must give, or refuse to give, approval for electroconvulsive therapy to be performed on the person.\nIn deciding whether to give, or refuse to give, the approval, the tribunal must have regard to—\nif the person is an adult—\nwhether the adult is able to give informed consent to the therapy; and\nto the greatest extent practicable, any views, wishes and preferences the adult has expressed about the therapy, whether in an advance health directive or otherwise; or\nif the person is a minor—\nthe views of the minor’s parents; and\nthe views, wishes and preferences of the minor.\nSubject to subsections (4) to (6) , the tribunal may give the approval only if the tribunal is satisfied the person is—\nan adult who is not able to give informed consent to the therapy, whether or not the adult is subject to a treatment authority, forensic order or treatment support order; or\nan adult who is—\nable to give informed consent to the therapy; and\nsubject to a treatment authority, forensic order or treatment support order; or\na minor.\nIf subsection (3) (a) applies, the tribunal must also be satisfied—\nthe therapy has clinical merit and is appropriate in the circumstances; and\nevidence supports the effectiveness of the therapy for the adult’s particular mental illness; and\nif the therapy has previously been performed on the adult—of the effectiveness of the therapy for the adult.\nIf subsection (3) (b) applies, the tribunal must also be satisfied—\nthe applicant has given the adult the explanation required under section 234 ; and\nthe adult has given informed consent to the therapy under chapter 7 , part 10 .\nIf subsection (3) (c) applies, the tribunal must also be satisfied—\nthe therapy has clinical merit and is appropriate in the circumstances; and\nevidence supports the effectiveness of the therapy for—\nthe minor’s particular mental illness; and\npersons of the minor’s age; and\nif the therapy has previously been performed on the minor—of the effectiveness of the therapy for the minor; and\nthe performance of the therapy on the minor is in the minor’s best interests.\nIf the tribunal gives the approval, the approval—\nmust state the number of treatments that may be performed in a stated period under the approval; and\nmay be made subject to the conditions the tribunal considers appropriate.\ns 509 amd 2022 No. 1 s 84\n(sec.509-ssec.1) In deciding the application, the tribunal must give, or refuse to give, approval for electroconvulsive therapy to be performed on the person.\n(sec.509-ssec.2) In deciding whether to give, or refuse to give, the approval, the tribunal must have regard to— if the person is an adult— whether the adult is able to give informed consent to the therapy; and to the greatest extent practicable, any views, wishes and preferences the adult has expressed about the therapy, whether in an advance health directive or otherwise; or if the person is a minor— the views of the minor’s parents; and the views, wishes and preferences of the minor.\n(sec.509-ssec.3) Subject to subsections (4) to (6) , the tribunal may give the approval only if the tribunal is satisfied the person is— an adult who is not able to give informed consent to the therapy, whether or not the adult is subject to a treatment authority, forensic order or treatment support order; or an adult who is— able to give informed consent to the therapy; and subject to a treatment authority, forensic order or treatment support order; or a minor.\n(sec.509-ssec.4) If subsection (3) (a) applies, the tribunal must also be satisfied— the therapy has clinical merit and is appropriate in the circumstances; and evidence supports the effectiveness of the therapy for the adult’s particular mental illness; and if the therapy has previously been performed on the adult—of the effectiveness of the therapy for the adult.\n(sec.509-ssec.5) If subsection (3) (b) applies, the tribunal must also be satisfied— the applicant has given the adult the explanation required under section 234 ; and the adult has given informed consent to the therapy under chapter 7 , part 10 .\n(sec.509-ssec.6) If subsection (3) (c) applies, the tribunal must also be satisfied— the therapy has clinical merit and is appropriate in the circumstances; and evidence supports the effectiveness of the therapy for— the minor’s particular mental illness; and persons of the minor’s age; and if the therapy has previously been performed on the minor—of the effectiveness of the therapy for the minor; and the performance of the therapy on the minor is in the minor’s best interests.\n(sec.509-ssec.7) If the tribunal gives the approval, the approval— must state the number of treatments that may be performed in a stated period under the approval; and may be made subject to the conditions the tribunal considers appropriate.\n- (a) if the person is an adult— (i) whether the adult is able to give informed consent to the therapy; and (ii) to the greatest extent practicable, any views, wishes and preferences the adult has expressed about the therapy, whether in an advance health directive or otherwise; or\n- (i) whether the adult is able to give informed consent to the therapy; and\n- (ii) to the greatest extent practicable, any views, wishes and preferences the adult has expressed about the therapy, whether in an advance health directive or otherwise; or\n- (b) if the person is a minor— (i) the views of the minor’s parents; and (ii) the views, wishes and preferences of the minor.\n- (i) the views of the minor’s parents; and\n- (ii) the views, wishes and preferences of the minor.\n- (i) whether the adult is able to give informed consent to the therapy; and\n- (ii) to the greatest extent practicable, any views, wishes and preferences the adult has expressed about the therapy, whether in an advance health directive or otherwise; or\n- (i) the views of the minor’s parents; and\n- (ii) the views, wishes and preferences of the minor.\n- (a) an adult who is not able to give informed consent to the therapy, whether or not the adult is subject to a treatment authority, forensic order or treatment support order; or\n- (b) an adult who is— (i) able to give informed consent to the therapy; and (ii) subject to a treatment authority, forensic order or treatment support order; or\n- (i) able to give informed consent to the therapy; and\n- (ii) subject to a treatment authority, forensic order or treatment support order; or\n- (c) a minor.\n- (i) able to give informed consent to the therapy; and\n- (ii) subject to a treatment authority, forensic order or treatment support order; or\n- (a) the therapy has clinical merit and is appropriate in the circumstances; and\n- (b) evidence supports the effectiveness of the therapy for the adult’s particular mental illness; and\n- (c) if the therapy has previously been performed on the adult—of the effectiveness of the therapy for the adult.\n- (a) the applicant has given the adult the explanation required under section 234 ; and\n- (b) the adult has given informed consent to the therapy under chapter 7 , part 10 .\n- (a) the therapy has clinical merit and is appropriate in the circumstances; and\n- (b) evidence supports the effectiveness of the therapy for— (i) the minor’s particular mental illness; and (ii) persons of the minor’s age; and\n- (i) the minor’s particular mental illness; and\n- (ii) persons of the minor’s age; and\n- (c) if the therapy has previously been performed on the minor—of the effectiveness of the therapy for the minor; and\n- (d) the performance of the therapy on the minor is in the minor’s best interests.\n- (i) the minor’s particular mental illness; and\n- (ii) persons of the minor’s age; and\n- (a) must state the number of treatments that may be performed in a stated period under the approval; and\n- (b) may be made subject to the conditions the tribunal considers appropriate.","sortOrder":683},{"sectionNumber":"ch.12-pt.9-div.2","sectionType":"division","heading":"Non-ablative neurosurgical procedures","content":"## Non-ablative neurosurgical procedures","sortOrder":684},{"sectionNumber":"sec.510","sectionType":"section","heading":"Who may apply","content":"### sec.510 Who may apply\n\nA doctor may apply to the tribunal for approval to perform a non-ablative neurosurgical procedure on another person if the doctor is satisfied the person has given informed consent to the treatment under chapter 7 , part 10 .\nThe application must be accompanied by a copy of the person’s consent.\n(sec.510-ssec.1) A doctor may apply to the tribunal for approval to perform a non-ablative neurosurgical procedure on another person if the doctor is satisfied the person has given informed consent to the treatment under chapter 7 , part 10 .\n(sec.510-ssec.2) The application must be accompanied by a copy of the person’s consent.","sortOrder":685},{"sectionNumber":"sec.511","sectionType":"section","heading":"Notice of hearing","content":"### sec.511 Notice of hearing\n\nThe tribunal must give the following persons written notice of the hearing of the application—\nthe person the subject of the application;\nthe applicant;\nthe administrator of the authorised mental health service identified in the application as the service in which the non-ablative neurosurgical procedure is to be performed.\nThe notice must be given at least 7 days before the hearing.\n(sec.511-ssec.1) The tribunal must give the following persons written notice of the hearing of the application— the person the subject of the application; the applicant; the administrator of the authorised mental health service identified in the application as the service in which the non-ablative neurosurgical procedure is to be performed.\n(sec.511-ssec.2) The notice must be given at least 7 days before the hearing.\n- (a) the person the subject of the application;\n- (b) the applicant;\n- (c) the administrator of the authorised mental health service identified in the application as the service in which the non-ablative neurosurgical procedure is to be performed.","sortOrder":686},{"sectionNumber":"sec.512","sectionType":"section","heading":"Decision on application","content":"### sec.512 Decision on application\n\nIn deciding the application, the tribunal must give, or refuse to give, approval for the non-ablative neurosurgical procedure to be performed on the person.\nThe tribunal may give the approval only if the tribunal is satisfied—\nthe applicant has given the person the explanation required under section 234 ; and\nthe person has given informed consent to the procedure under chapter 7 , part 10 ; and\nthe procedure has clinical merit and is appropriate in the circumstances; and\nalternatives to the procedure that could reasonably be expected to produce a sufficient and lasting benefit for the person have previously been provided to the person without a sufficient and lasting benefit; and\nthe procedure is to be performed by an appropriately qualified person.\nThe tribunal may give the approval subject to the conditions the tribunal considers appropriate.\n(sec.512-ssec.1) In deciding the application, the tribunal must give, or refuse to give, approval for the non-ablative neurosurgical procedure to be performed on the person.\n(sec.512-ssec.2) The tribunal may give the approval only if the tribunal is satisfied— the applicant has given the person the explanation required under section 234 ; and the person has given informed consent to the procedure under chapter 7 , part 10 ; and the procedure has clinical merit and is appropriate in the circumstances; and alternatives to the procedure that could reasonably be expected to produce a sufficient and lasting benefit for the person have previously been provided to the person without a sufficient and lasting benefit; and the procedure is to be performed by an appropriately qualified person.\n(sec.512-ssec.3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.\n- (a) the applicant has given the person the explanation required under section 234 ; and\n- (b) the person has given informed consent to the procedure under chapter 7 , part 10 ; and\n- (c) the procedure has clinical merit and is appropriate in the circumstances; and\n- (d) alternatives to the procedure that could reasonably be expected to produce a sufficient and lasting benefit for the person have previously been provided to the person without a sufficient and lasting benefit; and\n- (e) the procedure is to be performed by an appropriately qualified person.","sortOrder":687},{"sectionNumber":"ch.12-pt.10","sectionType":"part","heading":"Applications for approval to transfer particular persons into and out of Queensland","content":"# Applications for approval to transfer particular persons into and out of Queensland","sortOrder":688},{"sectionNumber":"ch.12-pt.10-div.1","sectionType":"division","heading":"Transfers into Queensland","content":"## Transfers into Queensland","sortOrder":689},{"sectionNumber":"sec.513","sectionType":"section","heading":"Definitions for div 1","content":"### sec.513 Definitions for div 1\n\nIn this division—\ninterstate forensic order means an order made under a corresponding law of another State, however described, that provides for similar matters to a forensic order (mental health) or forensic order (disability).\ninterstate transfer approval , in relation to a person, means an approval under this division for the transfer of the person from an interstate mental health service to an authorised mental health service or the forensic disability service.\ns 513 def interstate transfer approval ins 2022 No. 1 s 85 (2)\ninterstate transfer requirements ...\ns 513 def interstate transfer requirements om 2022 No. 1 s 85 (1)\npatient seeking transfer means—\nin relation to an interstate transfer approval, the person who is the subject of the approval; or\nin relation to an application for an interstate transfer approval, the person who would be the subject of the approval if the approval were granted.\ns 513 def patient seeking transfer ins 2022 No. 1 s 85 (2)\n- (a) in relation to an interstate transfer approval, the person who is the subject of the approval; or\n- (b) in relation to an application for an interstate transfer approval, the person who would be the subject of the approval if the approval were granted.","sortOrder":690},{"sectionNumber":"sec.514","sectionType":"section","heading":"Who may apply","content":"### sec.514 Who may apply\n\nA person subject to an interstate forensic order, or an interested person for the person, may apply to the tribunal for approval of the transfer of the person from an interstate mental health service to—\na stated authorised mental health service; or\nthe forensic disability service.\n- (a) a stated authorised mental health service; or\n- (b) the forensic disability service.","sortOrder":691},{"sectionNumber":"sec.515","sectionType":"section","heading":"Requirements for application","content":"### sec.515 Requirements for application\n\nThe application must—\nstate the reasons why the transfer is appropriate in the circumstances; and\nto allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\nstate—\nthe authorised mental health service proposed to be responsible for the patient seeking transfer; or\nthat the forensic disability service is proposed to be responsible for the patient seeking transfer; and\ninclude a written statement from the responsible person that complies with subsection (2) .\nFor subsection (1) (c) , the written statement must state the responsible person considers—\neither—\nif subsection (1) (b) (i) applies—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or\nif subsection (1) (b) (ii) applies—appropriate care is available for the patient seeking transfer at the forensic disability service; and\nthe arrangements for the transfer are adequate to protect the safety of the community.\nIn this section—\nresponsible person means—\nif an authorised mental health service is proposed to be responsible for the patient seeking transfer—the chief psychiatrist; or\nif the forensic disability service is proposed to be responsible for the patient seeking transfer—the director of forensic disability.\ns 515 sub 2022 No. 1 s 86\n(sec.515-ssec.1) The application must— state the reasons why the transfer is appropriate in the circumstances; and to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons state— the authorised mental health service proposed to be responsible for the patient seeking transfer; or that the forensic disability service is proposed to be responsible for the patient seeking transfer; and include a written statement from the responsible person that complies with subsection (2) .\n(sec.515-ssec.2) For subsection (1) (c) , the written statement must state the responsible person considers— either— if subsection (1) (b) (i) applies—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or if subsection (1) (b) (ii) applies—appropriate care is available for the patient seeking transfer at the forensic disability service; and the arrangements for the transfer are adequate to protect the safety of the community.\n(sec.515-ssec.3) In this section— responsible person means— if an authorised mental health service is proposed to be responsible for the patient seeking transfer—the chief psychiatrist; or if the forensic disability service is proposed to be responsible for the patient seeking transfer—the director of forensic disability.\n- (a) state the reasons why the transfer is appropriate in the circumstances; and Example of when a transfer under this division may be appropriate— to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\n- (b) state— (i) the authorised mental health service proposed to be responsible for the patient seeking transfer; or (ii) that the forensic disability service is proposed to be responsible for the patient seeking transfer; and\n- (i) the authorised mental health service proposed to be responsible for the patient seeking transfer; or\n- (ii) that the forensic disability service is proposed to be responsible for the patient seeking transfer; and\n- (c) include a written statement from the responsible person that complies with subsection (2) .\n- (i) the authorised mental health service proposed to be responsible for the patient seeking transfer; or\n- (ii) that the forensic disability service is proposed to be responsible for the patient seeking transfer; and\n- (a) either— (i) if subsection (1) (b) (i) applies—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or (ii) if subsection (1) (b) (ii) applies—appropriate care is available for the patient seeking transfer at the forensic disability service; and\n- (i) if subsection (1) (b) (i) applies—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or\n- (ii) if subsection (1) (b) (ii) applies—appropriate care is available for the patient seeking transfer at the forensic disability service; and\n- (b) the arrangements for the transfer are adequate to protect the safety of the community.\n- (i) if subsection (1) (b) (i) applies—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or\n- (ii) if subsection (1) (b) (ii) applies—appropriate care is available for the patient seeking transfer at the forensic disability service; and\n- (a) if an authorised mental health service is proposed to be responsible for the patient seeking transfer—the chief psychiatrist; or\n- (b) if the forensic disability service is proposed to be responsible for the patient seeking transfer—the director of forensic disability.","sortOrder":692},{"sectionNumber":"sec.516","sectionType":"section","heading":"Notice of hearing","content":"### sec.516 Notice of hearing\n\nThe tribunal must give each of the following persons written notice of the hearing of the application—\nthe patient seeking transfer;\nif the patient seeking transfer is not the applicant—the applicant;\nif an authorised mental health service is stated in the application—\nthe administrator of the service; and\nthe chief psychiatrist;\nif the forensic disability service is stated in the application—\nthe administrator of the service; and\nthe director of forensic disability;\nthe Attorney-General.\nThe notice must be given at least 14 days before the hearing.\ns 516 amd 2022 No. 1 s 87\n(sec.516-ssec.1) The tribunal must give each of the following persons written notice of the hearing of the application— the patient seeking transfer; if the patient seeking transfer is not the applicant—the applicant; if an authorised mental health service is stated in the application— the administrator of the service; and the chief psychiatrist; if the forensic disability service is stated in the application— the administrator of the service; and the director of forensic disability; the Attorney-General.\n(sec.516-ssec.2) The notice must be given at least 14 days before the hearing.\n- (a) the patient seeking transfer;\n- (b) if the patient seeking transfer is not the applicant—the applicant;\n- (c) if an authorised mental health service is stated in the application— (i) the administrator of the service; and (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (d) if the forensic disability service is stated in the application— (i) the administrator of the service; and (ii) the director of forensic disability;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;\n- (e) the Attorney-General.\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;","sortOrder":693},{"sectionNumber":"sec.517","sectionType":"section","heading":"Decision on application","content":"### sec.517 Decision on application\n\nIn deciding the application, the tribunal must—\nto the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and\napprove, or refuse to approve, the transfer.\nThe tribunal may approve the transfer only if satisfied—\nthe transfer is appropriate in the circumstances; and\nto allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\neither—\nif an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or\nif the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and\na forensic order (mental health) or forensic order (disability) is necessary, because of the mental condition of the patient seeking transfer, to protect the safety of the community, including, for example, from the risk of serious harm to other persons or property; and\nthe arrangements for the transfer are adequate to protect the safety of the community.\nThe tribunal may give the approval subject to the conditions the tribunal considers appropriate.\ns 517 amd 2022 No. 1 s 88\n(sec.517-ssec.1) In deciding the application, the tribunal must— to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and approve, or refuse to approve, the transfer.\n(sec.517-ssec.2) The tribunal may approve the transfer only if satisfied— the transfer is appropriate in the circumstances; and to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons either— if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and a forensic order (mental health) or forensic order (disability) is necessary, because of the mental condition of the patient seeking transfer, to protect the safety of the community, including, for example, from the risk of serious harm to other persons or property; and the arrangements for the transfer are adequate to protect the safety of the community.\n(sec.517-ssec.3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.\n- (a) to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and\n- (b) approve, or refuse to approve, the transfer.\n- (a) the transfer is appropriate in the circumstances; and Example of when a transfer under this division may be appropriate— to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\n- (b) either— (i) if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or (ii) if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and\n- (i) if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or\n- (ii) if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and\n- (c) a forensic order (mental health) or forensic order (disability) is necessary, because of the mental condition of the patient seeking transfer, to protect the safety of the community, including, for example, from the risk of serious harm to other persons or property; and\n- (d) the arrangements for the transfer are adequate to protect the safety of the community.\n- (i) if an authorised mental health service is stated in the application—appropriate treatment and care is available for the patient seeking transfer at the authorised mental health service; or\n- (ii) if the forensic disability service is stated in the application—appropriate care is available for the patient seeking transfer at the forensic disability service; and","sortOrder":694},{"sectionNumber":"sec.518","sectionType":"section","heading":"Making of forensic order","content":"### sec.518 Making of forensic order\n\nIf the tribunal approves the transfer under section 517 , the tribunal must make a forensic order (mental health) for the patient seeking transfer unless subsection (2) applies.\nThe tribunal must make a forensic order (disability) for the patient seeking transfer if the tribunal considers—\nthe patient seeking transfer has an intellectual disability but does not have a dual disability; or\nthe patient seeking transfer has a dual disability but does not require involuntary treatment and care for the patient’s mental illness.\nThe forensic order (mental health) or forensic order (disability) takes effect when the patient seeking transfer arrives in Queensland.\nFor making a forensic order (mental health) or forensic order (disability) under this division, section 135 and chapter 5 , part 4 , division 2 , subdivision 2 apply as if—\na reference in the provisions to the Mental Health Court were a reference to the tribunal; and\na reference in the provisions to the person the subject of the reference were a reference to the patient seeking transfer.\ns 518 amd 2022 No. 1 s 89\n(sec.518-ssec.1) If the tribunal approves the transfer under section 517 , the tribunal must make a forensic order (mental health) for the patient seeking transfer unless subsection (2) applies.\n(sec.518-ssec.2) The tribunal must make a forensic order (disability) for the patient seeking transfer if the tribunal considers— the patient seeking transfer has an intellectual disability but does not have a dual disability; or the patient seeking transfer has a dual disability but does not require involuntary treatment and care for the patient’s mental illness.\n(sec.518-ssec.3) The forensic order (mental health) or forensic order (disability) takes effect when the patient seeking transfer arrives in Queensland.\n(sec.518-ssec.4) For making a forensic order (mental health) or forensic order (disability) under this division, section 135 and chapter 5 , part 4 , division 2 , subdivision 2 apply as if— a reference in the provisions to the Mental Health Court were a reference to the tribunal; and a reference in the provisions to the person the subject of the reference were a reference to the patient seeking transfer.\n- (a) the patient seeking transfer has an intellectual disability but does not have a dual disability; or\n- (b) the patient seeking transfer has a dual disability but does not require involuntary treatment and care for the patient’s mental illness.\n- (a) a reference in the provisions to the Mental Health Court were a reference to the tribunal; and\n- (b) a reference in the provisions to the person the subject of the reference were a reference to the patient seeking transfer.","sortOrder":695},{"sectionNumber":"sec.519","sectionType":"section","heading":"When interstate transfer approval takes effect","content":"### sec.519 When interstate transfer approval takes effect\n\nAn interstate transfer approval takes effect—\nif the tribunal imposes 1 or more conditions on the approval that must be satisfied before the approval takes effect—when all of the conditions are satisfied; or\notherwise—on the granting of the approval.\ns 519 sub 2022 No. 1 s 90\n- (a) if the tribunal imposes 1 or more conditions on the approval that must be satisfied before the approval takes effect—when all of the conditions are satisfied; or\n- (b) otherwise—on the granting of the approval.","sortOrder":696},{"sectionNumber":"sec.520","sectionType":"section","heading":"Transport of patient seeking transfer under interstate transfer approval","content":"### sec.520 Transport of patient seeking transfer under interstate transfer approval\n\nThis section applies if an interstate transfer approval is in effect.\nThe patient seeking transfer may be transported under the approval by—\nif the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or\notherwise—\nan authorised person; or\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nif the patient seeking transfer is to be transported to the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or\na person who is authorised under a corresponding law to transport the patient seeking transfer from an interstate mental health service to an authorised mental health service or the forensic disability service.\nAs soon as practicable after the approval takes effect, the administrator of the responsible service for the patient seeking transfer must arrange for the patient to be transported to the responsible service by an entity authorised under subsection (2) .\nIn this section—\nresponsible service , for a patient seeking transfer under an interstate transfer approval, means—\nif an authorised mental health service is stated in the approval—the authorised mental health service; or\nif the forensic disability service is stated in the approval—the forensic disability service.\ns 520 sub 2022 No. 1 s 90\n(sec.520-ssec.1) This section applies if an interstate transfer approval is in effect.\n(sec.520-ssec.2) The patient seeking transfer may be transported under the approval by— if the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or otherwise— an authorised person; or For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . if the patient seeking transfer is to be transported to the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or a person who is authorised under a corresponding law to transport the patient seeking transfer from an interstate mental health service to an authorised mental health service or the forensic disability service.\n(sec.520-ssec.3) As soon as practicable after the approval takes effect, the administrator of the responsible service for the patient seeking transfer must arrange for the patient to be transported to the responsible service by an entity authorised under subsection (2) .\n(sec.520-ssec.4) In this section— responsible service , for a patient seeking transfer under an interstate transfer approval, means— if an authorised mental health service is stated in the approval—the authorised mental health service; or if the forensic disability service is stated in the approval—the forensic disability service.\n- (a) if the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or\n- (b) otherwise— (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . (ii) if the patient seeking transfer is to be transported to the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or (iii) a person who is authorised under a corresponding law to transport the patient seeking transfer from an interstate mental health service to an authorised mental health service or the forensic disability service.\n- (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (ii) if the patient seeking transfer is to be transported to the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or\n- (iii) a person who is authorised under a corresponding law to transport the patient seeking transfer from an interstate mental health service to an authorised mental health service or the forensic disability service.\n- (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (ii) if the patient seeking transfer is to be transported to the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or\n- (iii) a person who is authorised under a corresponding law to transport the patient seeking transfer from an interstate mental health service to an authorised mental health service or the forensic disability service.\n- (a) if an authorised mental health service is stated in the approval—the authorised mental health service; or\n- (b) if the forensic disability service is stated in the approval—the forensic disability service.","sortOrder":697},{"sectionNumber":"ch.12-pt.10-div.2","sectionType":"division","heading":"Transfers out of Queensland","content":"## Transfers out of Queensland","sortOrder":698},{"sectionNumber":"sec.521","sectionType":"section","heading":"Definitions for division","content":"### sec.521 Definitions for division\n\nIn this division—\ninternational transfer approval , in relation to a person, means an approval under this division for the transfer of the person from an authorised mental health service, or the forensic disability service, to another country.\ninterstate transfer approval , in relation to a person, means an approval under this division for the transfer of the person from an authorised mental health service, or the forensic disability service, to an interstate mental health service.\npatient seeking transfer means—\nin relation to an international transfer approval or interstate transfer approval, the person who is the subject of the approval; or\nin relation to an application for an international transfer approval or interstate transfer approval, the person who would be the subject of the approval if the approval were granted.\nresponsible service , for a patient seeking transfer, means—\nif an authorised mental health service is responsible for the patient seeking transfer before the patient is transferred under this division—the authorised mental health service; or\nif the forensic disability service is responsible for the patient seeking transfer before the patient is transferred under this division—the forensic disability service.\ns 521 sub 2022 No. 1 s 91\n- (a) in relation to an international transfer approval or interstate transfer approval, the person who is the subject of the approval; or\n- (b) in relation to an application for an international transfer approval or interstate transfer approval, the person who would be the subject of the approval if the approval were granted.\n- (a) if an authorised mental health service is responsible for the patient seeking transfer before the patient is transferred under this division—the authorised mental health service; or\n- (b) if the forensic disability service is responsible for the patient seeking transfer before the patient is transferred under this division—the forensic disability service.","sortOrder":699},{"sectionNumber":"sec.522","sectionType":"section","heading":"Who may apply","content":"### sec.522 Who may apply\n\nA person subject to a forensic order (mental health), forensic order (disability) or treatment support order, or an interested person for the person, may apply to the tribunal for approval of the transfer of the person from an authorised mental health service, or the forensic disability service, to—\na stated interstate mental health service; or\na stated country.\nHowever, this section does not apply to—\na person who is a classified patient; or\na person charged with an offence if—\na finding of unfitness has been made in relation to the person; and\nthe person has not been found fit for trial; and\nthe proceeding against the person for the offence has not been discontinued under this Act or otherwise.\ns 522 amd 2017 No. 3 s 41 ; 2022 No. 1 s 92\n(sec.522-ssec.1) A person subject to a forensic order (mental health), forensic order (disability) or treatment support order, or an interested person for the person, may apply to the tribunal for approval of the transfer of the person from an authorised mental health service, or the forensic disability service, to— a stated interstate mental health service; or a stated country.\n(sec.522-ssec.2) However, this section does not apply to— a person who is a classified patient; or a person charged with an offence if— a finding of unfitness has been made in relation to the person; and the person has not been found fit for trial; and the proceeding against the person for the offence has not been discontinued under this Act or otherwise. s 522 amd 2017 No. 3 s 41 ; 2022 No. 1 s 92\n- (a) a stated interstate mental health service; or\n- (b) a stated country.\n- (a) a person who is a classified patient; or\n- (b) a person charged with an offence if— (i) a finding of unfitness has been made in relation to the person; and (ii) the person has not been found fit for trial; and (iii) the proceeding against the person for the offence has not been discontinued under this Act or otherwise.\n- (i) a finding of unfitness has been made in relation to the person; and\n- (ii) the person has not been found fit for trial; and\n- (iii) the proceeding against the person for the offence has not been discontinued under this Act or otherwise.\n- (i) a finding of unfitness has been made in relation to the person; and\n- (ii) the person has not been found fit for trial; and\n- (iii) the proceeding against the person for the offence has not been discontinued under this Act or otherwise.","sortOrder":700},{"sectionNumber":"sec.523","sectionType":"section","heading":"Requirements for application","content":"### sec.523 Requirements for application\n\nThe application must—\nstate the reasons why the transfer is appropriate in the circumstances; and\nto allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\ninclude a written statement from the responsible person that complies with subsection (2) .\nFor subsection (1) (b) , the written statement must state the responsible person considers—\neither—\nif an authorised mental health service is responsible for the patient seeking transfer—\nfor an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\nfor an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\nif the forensic disability service is responsible for the patient seeking transfer—\nfor an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\nfor an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\nthe arrangements for the transfer are adequate to protect the safety of the community; and\nfor an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.\nIn this section—\nresponsible person means—\nif an authorised mental health service is responsible for the patient seeking transfer—the chief psychiatrist; or\nif the forensic disability service is responsible for the patient seeking transfer—the director of forensic disability.\ns 523 sub 2022 No. 1 s 93\n(sec.523-ssec.1) The application must— state the reasons why the transfer is appropriate in the circumstances; and to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons include a written statement from the responsible person that complies with subsection (2) .\n(sec.523-ssec.2) For subsection (1) (b) , the written statement must state the responsible person considers— either— if an authorised mental health service is responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or if the forensic disability service is responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and the arrangements for the transfer are adequate to protect the safety of the community; and for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.\n(sec.523-ssec.3) In this section— responsible person means— if an authorised mental health service is responsible for the patient seeking transfer—the chief psychiatrist; or if the forensic disability service is responsible for the patient seeking transfer—the director of forensic disability.\n- (a) state the reasons why the transfer is appropriate in the circumstances; and Example of when a transfer under this division may be appropriate— to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\n- (b) include a written statement from the responsible person that complies with subsection (2) .\n- (a) either— (i) if an authorised mental health service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or (ii) if the forensic disability service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (i) if an authorised mental health service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (ii) if the forensic disability service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (b) the arrangements for the transfer are adequate to protect the safety of the community; and\n- (c) for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.\n- (i) if an authorised mental health service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (ii) if the forensic disability service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (a) if an authorised mental health service is responsible for the patient seeking transfer—the chief psychiatrist; or\n- (b) if the forensic disability service is responsible for the patient seeking transfer—the director of forensic disability.","sortOrder":701},{"sectionNumber":"sec.524","sectionType":"section","heading":"Notice of hearing","content":"### sec.524 Notice of hearing\n\nThe tribunal must give each of the following persons written notice of the hearing of the application—\nthe patient seeking transfer;\nif the patient seeking transfer is not the applicant—the applicant;\nif an authorised mental health service is responsible for the patient seeking transfer—\nthe administrator of the service; and\nthe chief psychiatrist;\nif the forensic disability service is responsible for the patient seeking transfer—\nthe administrator of the service; and\nthe director of forensic disability;\nthe Attorney-General.\nThe notice must be given at least 14 days before the hearing.\ns 524 amd 2022 No. 1 s 94\n(sec.524-ssec.1) The tribunal must give each of the following persons written notice of the hearing of the application— the patient seeking transfer; if the patient seeking transfer is not the applicant—the applicant; if an authorised mental health service is responsible for the patient seeking transfer— the administrator of the service; and the chief psychiatrist; if the forensic disability service is responsible for the patient seeking transfer— the administrator of the service; and the director of forensic disability; the Attorney-General.\n(sec.524-ssec.2) The notice must be given at least 14 days before the hearing.\n- (a) the patient seeking transfer;\n- (b) if the patient seeking transfer is not the applicant—the applicant;\n- (c) if an authorised mental health service is responsible for the patient seeking transfer— (i) the administrator of the service; and (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (d) if the forensic disability service is responsible for the patient seeking transfer— (i) the administrator of the service; and (ii) the director of forensic disability;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;\n- (e) the Attorney-General.\n- (i) the administrator of the service; and\n- (ii) the chief psychiatrist;\n- (i) the administrator of the service; and\n- (ii) the director of forensic disability;","sortOrder":702},{"sectionNumber":"sec.525","sectionType":"section","heading":"Decision on application","content":"### sec.525 Decision on application\n\nIn deciding the application, the tribunal must—\nto the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and\napprove, or refuse to approve, the transfer.\nThe tribunal may approve the transfer only if satisfied—\nthe transfer is appropriate in the circumstances; and\nto allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\neither—\nif an authorised mental health service is responsible for the patient seeking transfer—\nfor an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\nfor an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\nif the forensic disability service is responsible for the patient seeking transfer—\nfor an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\nfor an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\nthe arrangements for the transfer are adequate to protect the safety of the community; and\nfor an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.\nThe tribunal may give the approval subject to the conditions the tribunal considers appropriate.\ns 525 amd 2022 No. 1 s 95\n(sec.525-ssec.1) In deciding the application, the tribunal must— to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and approve, or refuse to approve, the transfer.\n(sec.525-ssec.2) The tribunal may approve the transfer only if satisfied— the transfer is appropriate in the circumstances; and to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons either— if an authorised mental health service is responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or if the forensic disability service is responsible for the patient seeking transfer— for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and the arrangements for the transfer are adequate to protect the safety of the community; and for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.\n(sec.525-ssec.3) The tribunal may give the approval subject to the conditions the tribunal considers appropriate.\n- (a) to the greatest extent practicable, have regard to the views, wishes and preferences of the patient seeking transfer; and\n- (b) approve, or refuse to approve, the transfer.\n- (a) the transfer is appropriate in the circumstances; and Example of when a transfer under this division may be appropriate— to allow the patient seeking transfer to be in closer proximity to their family, carers or other support persons\n- (b) either— (i) if an authorised mental health service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or (ii) if the forensic disability service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (i) if an authorised mental health service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (ii) if the forensic disability service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (c) the arrangements for the transfer are adequate to protect the safety of the community; and\n- (d) for an application for an interstate transfer approval—the transfer is, or may be, permitted under a law of the State in which the interstate mental health service stated in the application is located.\n- (i) if an authorised mental health service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (ii) if the forensic disability service is responsible for the patient seeking transfer— (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and\n- (A) for an application for an interstate transfer approval—appropriate treatment and care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate treatment and care is available for the patient seeking transfer in the country stated in the application; or\n- (A) for an application for an interstate transfer approval—appropriate care is available for the patient seeking transfer at the interstate mental health service stated in the application; or\n- (B) for an application for an international transfer approval—appropriate care is available for the patient seeking transfer in the country stated in the application; and","sortOrder":703},{"sectionNumber":"sec.526","sectionType":"section","heading":"When interstate transfer approval or international transfer approval takes effect","content":"### sec.526 When interstate transfer approval or international transfer approval takes effect\n\nAn interstate transfer approval or international transfer approval takes effect—\nif the tribunal imposes 1 or more conditions on the approval that must be satisfied before the approval takes effect—when all of the conditions are satisfied; or\notherwise—on the granting of the approval.\ns 526 sub 2022 No. 1 s 96\n- (a) if the tribunal imposes 1 or more conditions on the approval that must be satisfied before the approval takes effect—when all of the conditions are satisfied; or\n- (b) otherwise—on the granting of the approval.","sortOrder":704},{"sectionNumber":"sec.527","sectionType":"section","heading":"Transport of patient seeking transfer under interstate transfer approval","content":"### sec.527 Transport of patient seeking transfer under interstate transfer approval\n\nThis section applies if an interstate transfer approval is in effect.\nThe patient seeking transfer may be transported under the approval by—\nif the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or\notherwise—\nan authorised person; or\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nif the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or\na person who is authorised under a corresponding law to transport the patient seeking transfer from the responsible service for the patient to the interstate mental health service stated in the approval.\nAs soon as practicable after the approval takes effect, the administrator of the responsible service for the patient seeking transfer must arrange for the patient to be transported to the interstate mental health service stated in the approval by an entity authorised under subsection (2) .\ns 527 sub 2022 No. 1 s 96\n(sec.527-ssec.1) This section applies if an interstate transfer approval is in effect.\n(sec.527-ssec.2) The patient seeking transfer may be transported under the approval by— if the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or otherwise— an authorised person; or For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or a person who is authorised under a corresponding law to transport the patient seeking transfer from the responsible service for the patient to the interstate mental health service stated in the approval.\n(sec.527-ssec.3) As soon as practicable after the approval takes effect, the administrator of the responsible service for the patient seeking transfer must arrange for the patient to be transported to the interstate mental health service stated in the approval by an entity authorised under subsection (2) .\n- (a) if the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or\n- (b) otherwise— (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . (ii) if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or (iii) a person who is authorised under a corresponding law to transport the patient seeking transfer from the responsible service for the patient to the interstate mental health service stated in the approval.\n- (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (ii) if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or\n- (iii) a person who is authorised under a corresponding law to transport the patient seeking transfer from the responsible service for the patient to the interstate mental health service stated in the approval.\n- (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (ii) if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act ; or\n- (iii) a person who is authorised under a corresponding law to transport the patient seeking transfer from the responsible service for the patient to the interstate mental health service stated in the approval.","sortOrder":705},{"sectionNumber":"sec.527A","sectionType":"section","heading":"Transport of patient seeking transfer under international transfer approval","content":"### sec.527A Transport of patient seeking transfer under international transfer approval\n\nThis section applies if an international transfer approval is in effect.\nThe patient seeking transfer may be transported under the approval by—\nif the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or\notherwise—\nan authorised person; or\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nif the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act .\nAs soon as practicable after the approval takes effect, the administrator of the responsible service for the patient seeking transfer must arrange for the patient to be transported to the country stated in the approval by an entity authorised under subsection (2) .\ns 527A ins 2022 No. 1 s 96\n(sec.527A-ssec.1) This section applies if an international transfer approval is in effect.\n(sec.527A-ssec.2) The patient seeking transfer may be transported under the approval by— if the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or otherwise— an authorised person; or For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act .\n(sec.527A-ssec.3) As soon as practicable after the approval takes effect, the administrator of the responsible service for the patient seeking transfer must arrange for the patient to be transported to the country stated in the approval by an entity authorised under subsection (2) .\n- (a) if the approval states that a particular entity may transport the patient seeking transfer under the approval—the stated entity; or\n- (b) otherwise— (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . (ii) if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act .\n- (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (ii) if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act .\n- (i) an authorised person; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (ii) if the patient seeking transfer is to be transported from the forensic disability service—an authorised practitioner under the Forensic Disability Act .","sortOrder":706},{"sectionNumber":"sec.528","sectionType":"section","heading":"Effect on order","content":"### sec.528 Effect on order\n\nThis section applies to a forensic order (mental health), forensic order (disability) or treatment support order to which a patient seeking transfer is subject when the patient is transferred under an interstate transfer approval or an international transfer approval.\nThe order has effect only if the patient seeking transfer returns to Queensland and while the patient is in Queensland.\nAlso, the order ends—\non the last day of any non-revocation period for the order if, on that day, the patient seeking transfer has been out of Queensland for a continuous period of at least 3 years; or\nif paragraph (a) does not apply—if the patient seeking transfer is out of Queensland for a continuous period of 3 years.\nIn this section—\nout of Queensland , in relation to a patient seeking transfer, means out of Queensland because of the transfer of the patient under an interstate transfer approval or international transfer approval.\ns 528 sub 2022 No. 1 s 96\n(sec.528-ssec.1) This section applies to a forensic order (mental health), forensic order (disability) or treatment support order to which a patient seeking transfer is subject when the patient is transferred under an interstate transfer approval or an international transfer approval.\n(sec.528-ssec.2) The order has effect only if the patient seeking transfer returns to Queensland and while the patient is in Queensland.\n(sec.528-ssec.3) Also, the order ends— on the last day of any non-revocation period for the order if, on that day, the patient seeking transfer has been out of Queensland for a continuous period of at least 3 years; or if paragraph (a) does not apply—if the patient seeking transfer is out of Queensland for a continuous period of 3 years.\n(sec.528-ssec.4) In this section— out of Queensland , in relation to a patient seeking transfer, means out of Queensland because of the transfer of the patient under an interstate transfer approval or international transfer approval.\n- (a) on the last day of any non-revocation period for the order if, on that day, the patient seeking transfer has been out of Queensland for a continuous period of at least 3 years; or\n- (b) if paragraph (a) does not apply—if the patient seeking transfer is out of Queensland for a continuous period of 3 years.","sortOrder":707},{"sectionNumber":"ch.12-pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":708},{"sectionNumber":"sec.529","sectionType":"section","heading":"Relationship with ch 16 , pt 2","content":"### sec.529 Relationship with ch 16 , pt 2\n\nTo the extent of any inconsistency with chapter 16 , part 2 , this chapter prevails.","sortOrder":709},{"sectionNumber":"sec.530","sectionType":"section","heading":"Use of victim impact statement by tribunal","content":"### sec.530 Use of victim impact statement by tribunal\n\nThis section applies if the tribunal is required to have regard to a victim impact statement in deciding a matter under this chapter.\nThe tribunal may place the weight on the victim impact statement that it considers appropriate.\n(sec.530-ssec.1) This section applies if the tribunal is required to have regard to a victim impact statement in deciding a matter under this chapter.\n(sec.530-ssec.2) The tribunal may place the weight on the victim impact statement that it considers appropriate.","sortOrder":710},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":711},{"sectionNumber":"sec.531","sectionType":"section","heading":"Purpose of ch 13","content":"### sec.531 Purpose of ch 13\n\nThis chapter provides for the following—\nappeals to the tribunal;\nappeals to the Mental Health Court against a decision of the tribunal;\nappeals to the Court of Appeal against a decision of the Mental Health Court.\n- (a) appeals to the tribunal;\n- (b) appeals to the Mental Health Court against a decision of the tribunal;\n- (c) appeals to the Court of Appeal against a decision of the Mental Health Court.","sortOrder":712},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Appeals to tribunal","content":"# Appeals to tribunal","sortOrder":713},{"sectionNumber":"sec.532","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.532 Definitions for pt 2\n\nIn this part—\ndecision notice means a notice about a decision given under section 314 (4) , 315 (3) , 319 (7) , 321 (7) , 323 (4) or 408 (3) .\nA decision to which a notice under section 319 (7) , 321 (7) , 322 (3) or 323 (4) relates may be made in relation to a forensic disability client. See section 327 .\ns 532 def decision notice amd 2022 No. 1 s 97\nparty , to an appeal, means—\nfor an appeal against a decision of the administrator of an authorised mental health service—the appellant or the administrator; or\nfor an appeal against a decision of the chief psychiatrist—the appellant or the chief psychiatrist; or\nfor an appeal against a decision of the director of forensic disability—the appellant or the director.\n- (a) for an appeal against a decision of the administrator of an authorised mental health service—the appellant or the administrator; or\n- (b) for an appeal against a decision of the chief psychiatrist—the appellant or the chief psychiatrist; or\n- (c) for an appeal against a decision of the director of forensic disability—the appellant or the director.","sortOrder":714},{"sectionNumber":"sec.533","sectionType":"section","heading":"Appeal to tribunal","content":"### sec.533 Appeal to tribunal\n\nA person who has been given, or is entitled to be given, a decision notice may appeal to the tribunal against the decision to which the notice relates.","sortOrder":715},{"sectionNumber":"sec.534","sectionType":"section","heading":"How to start appeal","content":"### sec.534 How to start appeal\n\nThe appeal is started by giving the tribunal a notice of appeal.\nThe notice of appeal must be given within 28 days after—\nthe day the person is given the decision notice; or\nif the person is not given a decision notice—the day the person otherwise becomes aware of the decision.\nThe tribunal may, at any time, extend the time for giving the notice of appeal.\nThe notice of appeal must—\nbe in the approved form; and\nstate fully the grounds of the appeal and the facts relied on.\n(sec.534-ssec.1) The appeal is started by giving the tribunal a notice of appeal.\n(sec.534-ssec.2) The notice of appeal must be given within 28 days after— the day the person is given the decision notice; or if the person is not given a decision notice—the day the person otherwise becomes aware of the decision.\n(sec.534-ssec.3) The tribunal may, at any time, extend the time for giving the notice of appeal.\n(sec.534-ssec.4) The notice of appeal must— be in the approved form; and state fully the grounds of the appeal and the facts relied on.\n- (a) the day the person is given the decision notice; or\n- (b) if the person is not given a decision notice—the day the person otherwise becomes aware of the decision.\n- (a) be in the approved form; and\n- (b) state fully the grounds of the appeal and the facts relied on.","sortOrder":716},{"sectionNumber":"sec.534A","sectionType":"section","heading":"Frivolous or vexatious appeal","content":"### sec.534A Frivolous or vexatious appeal\n\nThe tribunal may dismiss the appeal if the tribunal is satisfied the appeal is frivolous or vexatious.\nThe tribunal may dismiss an appeal under this section without a hearing.\ns 534A ins 2017 No. 3 s 42\n(sec.534A-ssec.1) The tribunal may dismiss the appeal if the tribunal is satisfied the appeal is frivolous or vexatious.\n(sec.534A-ssec.2) The tribunal may dismiss an appeal under this section without a hearing.","sortOrder":717},{"sectionNumber":"sec.535","sectionType":"section","heading":"Notice of appeal and hearing","content":"### sec.535 Notice of appeal and hearing\n\nThe tribunal must give the parties to the appeal written notice of the hearing of the appeal.\nThe notice must be given—\nfor an appeal against a decision for which a decision notice must be given under section 314 (4) or 315 (3) —\nat least 3 days before the hearing; or\nif the appellant agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\nfor an appeal against another decision—at least 7 days before the hearing.\nThe notice must state the following—\nthe time and place of the hearing of the appeal;\nthe nature of the hearing;\nthe parties’ rights to be represented at the hearing.\n(sec.535-ssec.1) The tribunal must give the parties to the appeal written notice of the hearing of the appeal.\n(sec.535-ssec.2) The notice must be given— for an appeal against a decision for which a decision notice must be given under section 314 (4) or 315 (3) — at least 3 days before the hearing; or if the appellant agrees to a shorter period before the hearing—at least the agreed period before the hearing; or for an appeal against another decision—at least 7 days before the hearing.\n(sec.535-ssec.3) The notice must state the following— the time and place of the hearing of the appeal; the nature of the hearing; the parties’ rights to be represented at the hearing.\n- (a) for an appeal against a decision for which a decision notice must be given under section 314 (4) or 315 (3) — (i) at least 3 days before the hearing; or (ii) if the appellant agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\n- (i) at least 3 days before the hearing; or\n- (ii) if the appellant agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\n- (b) for an appeal against another decision—at least 7 days before the hearing.\n- (i) at least 3 days before the hearing; or\n- (ii) if the appellant agrees to a shorter period before the hearing—at least the agreed period before the hearing; or\n- (a) the time and place of the hearing of the appeal;\n- (b) the nature of the hearing;\n- (c) the parties’ rights to be represented at the hearing.","sortOrder":718},{"sectionNumber":"sec.536","sectionType":"section","heading":"Stay of decision pending appeal","content":"### sec.536 Stay of decision pending appeal\n\nThe tribunal may stay the decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on the reasonable conditions the tribunal considers appropriate; and\noperates for the period fixed by the tribunal; and\nmay be amended or revoked by the tribunal.\nThe period of a stay must not extend past the time when the appeal is decided.\nA notice of appeal affects the decision the subject of the notice, or the carrying out of the decision, only if the decision is stayed.\n(sec.536-ssec.1) The tribunal may stay the decision appealed against to secure the effectiveness of the appeal.\n(sec.536-ssec.2) A stay— may be given on the reasonable conditions the tribunal considers appropriate; and operates for the period fixed by the tribunal; and may be amended or revoked by the tribunal.\n(sec.536-ssec.3) The period of a stay must not extend past the time when the appeal is decided.\n(sec.536-ssec.4) A notice of appeal affects the decision the subject of the notice, or the carrying out of the decision, only if the decision is stayed.\n- (a) may be given on the reasonable conditions the tribunal considers appropriate; and\n- (b) operates for the period fixed by the tribunal; and\n- (c) may be amended or revoked by the tribunal.","sortOrder":719},{"sectionNumber":"sec.537","sectionType":"section","heading":"Appeal powers","content":"### sec.537 Appeal powers\n\nThe procedure for the appeal is in accordance with the tribunal rules or, if the rules make no provision or insufficient provision, as directed by the tribunal.\nThe appeal is by way of rehearing.\nIn deciding the appeal, the tribunal may—\nconfirm the decision appealed against; or\nset aside the decision appealed against and substitute another decision; or\nset aside the decision appealed against and return the matter to the person who made the decision with the directions the tribunal considers appropriate.\nIf the tribunal substitutes another decision, the substituted decision is for this Act, other than this chapter, taken to be the decision of the person who made the decision appealed against.\n(sec.537-ssec.1) The procedure for the appeal is in accordance with the tribunal rules or, if the rules make no provision or insufficient provision, as directed by the tribunal.\n(sec.537-ssec.2) The appeal is by way of rehearing.\n(sec.537-ssec.3) In deciding the appeal, the tribunal may— confirm the decision appealed against; or set aside the decision appealed against and substitute another decision; or set aside the decision appealed against and return the matter to the person who made the decision with the directions the tribunal considers appropriate.\n(sec.537-ssec.4) If the tribunal substitutes another decision, the substituted decision is for this Act, other than this chapter, taken to be the decision of the person who made the decision appealed against.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision appealed against and substitute another decision; or\n- (c) set aside the decision appealed against and return the matter to the person who made the decision with the directions the tribunal considers appropriate.","sortOrder":720},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Appeals to Mental Health Court","content":"# Appeals to Mental Health Court","sortOrder":721},{"sectionNumber":"ch.13-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":722},{"sectionNumber":"sec.538","sectionType":"section","heading":"Definition for pt 3","content":"### sec.538 Definition for pt 3\n\nIn this part—\nparty , to an appeal against a decision, means a person who is a party to the appeal under section 540 .","sortOrder":723},{"sectionNumber":"ch.13-pt.3-div.2","sectionType":"division","heading":"Making and hearing appeals","content":"## Making and hearing appeals","sortOrder":724},{"sectionNumber":"sec.539","sectionType":"section","heading":"Who may appeal","content":"### sec.539 Who may appeal\n\nA person mentioned in schedule 2 , column 2 may appeal to the Mental Health Court against a decision of the tribunal mentioned opposite the person in schedule 2 , column 1.","sortOrder":725},{"sectionNumber":"sec.540","sectionType":"section","heading":"Parties to appeal","content":"### sec.540 Parties to appeal\n\nEach person entitled to appeal against the decision is a party to the appeal.\nHowever, if the person is entitled to appeal against the decision only because the person is an interested person for a person who is the subject of the decision, the person is not a party to the appeal.\nIf subsection (2) applies, the person who is the subject of the decision is taken to be a party to the appeal.\nAlso, unless the chief psychiatrist is the appellant, the chief psychiatrist is a party to the appeal only if the chief psychiatrist elects to be a party to the appeal.\nFurther, unless the director of forensic disability is the appellant, the director of forensic disability is a party to the appeal only if the director of forensic disability elects to be a party to the appeal.\n(sec.540-ssec.1) Each person entitled to appeal against the decision is a party to the appeal.\n(sec.540-ssec.2) However, if the person is entitled to appeal against the decision only because the person is an interested person for a person who is the subject of the decision, the person is not a party to the appeal.\n(sec.540-ssec.3) If subsection (2) applies, the person who is the subject of the decision is taken to be a party to the appeal.\n(sec.540-ssec.4) Also, unless the chief psychiatrist is the appellant, the chief psychiatrist is a party to the appeal only if the chief psychiatrist elects to be a party to the appeal.\n(sec.540-ssec.5) Further, unless the director of forensic disability is the appellant, the director of forensic disability is a party to the appeal only if the director of forensic disability elects to be a party to the appeal.","sortOrder":726},{"sectionNumber":"sec.541","sectionType":"section","heading":"How to start appeal","content":"### sec.541 How to start appeal\n\nThe appeal is started by filing a notice of appeal in the registry.\nThe notice of appeal must be filed—\nif the chief psychiatrist is the appellant—within 60 days after the decision is made; or\nif paragraph (a) does not apply—within 60 days after the appellant receives written notice of the decision.\nThe Mental Health Court may, at any time, extend the time for filing the notice of appeal.\nThe notice of appeal must—\nbe in the approved form; and\nstate fully the grounds of the appeal and the facts relied on.\n(sec.541-ssec.1) The appeal is started by filing a notice of appeal in the registry.\n(sec.541-ssec.2) The notice of appeal must be filed— if the chief psychiatrist is the appellant—within 60 days after the decision is made; or if paragraph (a) does not apply—within 60 days after the appellant receives written notice of the decision.\n(sec.541-ssec.3) The Mental Health Court may, at any time, extend the time for filing the notice of appeal.\n(sec.541-ssec.4) The notice of appeal must— be in the approved form; and state fully the grounds of the appeal and the facts relied on.\n- (a) if the chief psychiatrist is the appellant—within 60 days after the decision is made; or\n- (b) if paragraph (a) does not apply—within 60 days after the appellant receives written notice of the decision.\n- (a) be in the approved form; and\n- (b) state fully the grounds of the appeal and the facts relied on.","sortOrder":727},{"sectionNumber":"sec.542","sectionType":"section","heading":"Frivolous or vexatious appeal","content":"### sec.542 Frivolous or vexatious appeal\n\nThe Mental Health Court may dismiss the appeal if the court is satisfied the appeal is frivolous or vexatious.\nThe court may dismiss an appeal under this section without a hearing.\n(sec.542-ssec.1) The Mental Health Court may dismiss the appeal if the court is satisfied the appeal is frivolous or vexatious.\n(sec.542-ssec.2) The court may dismiss an appeal under this section without a hearing.","sortOrder":728},{"sectionNumber":"sec.543","sectionType":"section","heading":"Notice of appeal and hearing","content":"### sec.543 Notice of appeal and hearing\n\nWithin 7 days after the notice of appeal is filed, the registrar must give written notice of the appeal to each other person entitled to appeal against the decision, other than an interested person for the person the subject of the decision.\nThe registrar must also give at least 7 days written notice of the hearing of the appeal to—\nthe parties to the appeal; and\nif an authorised mental health service is responsible for the person the subject of the appeal—the administrator of the service; and\nif the forensic disability service is responsible for the person the subject of the appeal—the administrator of the service.\nThe notice of the hearing of the appeal must state the following—\nthe time and place of the hearing of the appeal;\nthe nature of the hearing;\nthe parties’ rights to be represented at the hearing.\n(sec.543-ssec.1) Within 7 days after the notice of appeal is filed, the registrar must give written notice of the appeal to each other person entitled to appeal against the decision, other than an interested person for the person the subject of the decision.\n(sec.543-ssec.2) The registrar must also give at least 7 days written notice of the hearing of the appeal to— the parties to the appeal; and if an authorised mental health service is responsible for the person the subject of the appeal—the administrator of the service; and if the forensic disability service is responsible for the person the subject of the appeal—the administrator of the service.\n(sec.543-ssec.3) The notice of the hearing of the appeal must state the following— the time and place of the hearing of the appeal; the nature of the hearing; the parties’ rights to be represented at the hearing.\n- (a) the parties to the appeal; and\n- (b) if an authorised mental health service is responsible for the person the subject of the appeal—the administrator of the service; and\n- (c) if the forensic disability service is responsible for the person the subject of the appeal—the administrator of the service.\n- (a) the time and place of the hearing of the appeal;\n- (b) the nature of the hearing;\n- (c) the parties’ rights to be represented at the hearing.","sortOrder":729},{"sectionNumber":"sec.544","sectionType":"section","heading":"Stay of decision pending appeal","content":"### sec.544 Stay of decision pending appeal\n\nThe Mental Health Court may stay the decision appealed against to secure the effectiveness of the appeal.\nA stay—\nmay be given on the conditions the court considers appropriate; and\noperates for the period fixed by the court; and\nmay be amended or revoked by the court.\nThe period of a stay must not extend past the time when the appeal is decided.\nThe court may order that the person the subject of the appeal be detained in a stated authorised mental health service for the period of the stay.\nAn order made under subsection (4) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\nFor subsection (4) , an authorised person may transport the person to an inpatient unit of the authorised mental health service stated in the order.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nThe administrator of the authorised mental health service stated in the order may detain the person in the service under the order.\n(sec.544-ssec.1) The Mental Health Court may stay the decision appealed against to secure the effectiveness of the appeal.\n(sec.544-ssec.2) A stay— may be given on the conditions the court considers appropriate; and operates for the period fixed by the court; and may be amended or revoked by the court.\n(sec.544-ssec.3) The period of a stay must not extend past the time when the appeal is decided.\n(sec.544-ssec.4) The court may order that the person the subject of the appeal be detained in a stated authorised mental health service for the period of the stay. An order made under subsection (4) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n(sec.544-ssec.5) For subsection (4) , an authorised person may transport the person to an inpatient unit of the authorised mental health service stated in the order. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.544-ssec.6) The administrator of the authorised mental health service stated in the order may detain the person in the service under the order.\n- (a) may be given on the conditions the court considers appropriate; and\n- (b) operates for the period fixed by the court; and\n- (c) may be amended or revoked by the court.","sortOrder":730},{"sectionNumber":"sec.545","sectionType":"section","heading":"Notice of stay of decision on review of person’s fitness for trial","content":"### sec.545 Notice of stay of decision on review of person’s fitness for trial\n\nThis section applies if—\nthe decision appealed against is a decision of the tribunal on a review of a person’s fitness for trial; and\nunder section 544 , the Mental Health Court stays the decision.\nThe registrar must give the chief executive (justice) written notice of the stay of the decision.\nAs soon as practicable after receiving a notice under subsection (2) , the chief executive (justice) must give a copy of the notice to—\nthe registrar of the court in which the proceeding for the offence in relation to the review of the fitness for trial of the person is to be heard; and\nthe prosecuting authority for the offence; and\nif the person the subject of the decision is a minor—the chief executive (youth justice).\ns 545 amd 2016 No. 58 s 10 sch 1\n(sec.545-ssec.1) This section applies if— the decision appealed against is a decision of the tribunal on a review of a person’s fitness for trial; and under section 544 , the Mental Health Court stays the decision.\n(sec.545-ssec.2) The registrar must give the chief executive (justice) written notice of the stay of the decision.\n(sec.545-ssec.3) As soon as practicable after receiving a notice under subsection (2) , the chief executive (justice) must give a copy of the notice to— the registrar of the court in which the proceeding for the offence in relation to the review of the fitness for trial of the person is to be heard; and the prosecuting authority for the offence; and if the person the subject of the decision is a minor—the chief executive (youth justice).\n- (a) the decision appealed against is a decision of the tribunal on a review of a person’s fitness for trial; and\n- (b) under section 544 , the Mental Health Court stays the decision.\n- (a) the registrar of the court in which the proceeding for the offence in relation to the review of the fitness for trial of the person is to be heard; and\n- (b) the prosecuting authority for the offence; and\n- (c) if the person the subject of the decision is a minor—the chief executive (youth justice).","sortOrder":731},{"sectionNumber":"sec.546","sectionType":"section","heading":"Appeal powers","content":"### sec.546 Appeal powers\n\nThe procedure for the appeal is in accordance with court rules for the Mental Health Court or, if the rules make no provision or insufficient provision, as directed by the Mental Health Court.\nThe appeal is by way of rehearing.\nIn deciding the appeal, the Mental Health Court may—\nconfirm the decision appealed against; or\nset aside the decision appealed against and substitute another decision; or\nset aside the decision appealed against and return the matter to the tribunal with the directions the Mental Health Court considers appropriate.\nIf the Mental Health Court substitutes another decision, the substituted decision is taken for this Act, other than this chapter, to be a decision of the tribunal.\n(sec.546-ssec.1) The procedure for the appeal is in accordance with court rules for the Mental Health Court or, if the rules make no provision or insufficient provision, as directed by the Mental Health Court.\n(sec.546-ssec.2) The appeal is by way of rehearing.\n(sec.546-ssec.3) In deciding the appeal, the Mental Health Court may— confirm the decision appealed against; or set aside the decision appealed against and substitute another decision; or set aside the decision appealed against and return the matter to the tribunal with the directions the Mental Health Court considers appropriate.\n(sec.546-ssec.4) If the Mental Health Court substitutes another decision, the substituted decision is taken for this Act, other than this chapter, to be a decision of the tribunal.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision appealed against and substitute another decision; or\n- (c) set aside the decision appealed against and return the matter to the tribunal with the directions the Mental Health Court considers appropriate.","sortOrder":732},{"sectionNumber":"sec.547","sectionType":"section","heading":"Mental Health Court may make forensic order or treatment support order","content":"### sec.547 Mental Health Court may make forensic order or treatment support order\n\nThis section applies if—\nthe decision appealed against is a decision of the tribunal that a person is fit for trial; and\nThe tribunal may decide a person is fit for trial on a review under chapter 12 , part 6 .\nthe forensic order or treatment support order to which the person was subject has ended under section 497 (2) ; and\nthe Mental Health Court decides on the appeal that the person is unfit for trial.\nThe Mental Health Court may make the orders the court may make under chapter 5 , part 4 as if a reference in the part to a reference in relation to a person were a reference to an appeal against a decision of the tribunal that a person is fit for trial.\n(sec.547-ssec.1) This section applies if— the decision appealed against is a decision of the tribunal that a person is fit for trial; and The tribunal may decide a person is fit for trial on a review under chapter 12 , part 6 . the forensic order or treatment support order to which the person was subject has ended under section 497 (2) ; and the Mental Health Court decides on the appeal that the person is unfit for trial.\n(sec.547-ssec.2) The Mental Health Court may make the orders the court may make under chapter 5 , part 4 as if a reference in the part to a reference in relation to a person were a reference to an appeal against a decision of the tribunal that a person is fit for trial.\n- (a) the decision appealed against is a decision of the tribunal that a person is fit for trial; and Note— The tribunal may decide a person is fit for trial on a review under chapter 12 , part 6 .\n- (b) the forensic order or treatment support order to which the person was subject has ended under section 497 (2) ; and\n- (c) the Mental Health Court decides on the appeal that the person is unfit for trial.","sortOrder":733},{"sectionNumber":"sec.548","sectionType":"section","heading":"Mental Health Court’s decision final","content":"### sec.548 Mental Health Court’s decision final\n\nUnless the Supreme Court decides the Mental Health Court’s decision on the appeal is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to the Mental Health Court’s decision to the extent it is affected by jurisdictional error.\n(sec.548-ssec.1) Unless the Supreme Court decides the Mental Health Court’s decision on the appeal is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.548-ssec.2) The Judicial Review Act 1991 , part 5 applies to the Mental Health Court’s decision to the extent it is affected by jurisdictional error.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.","sortOrder":734},{"sectionNumber":"ch.13-pt.4","sectionType":"part","heading":"Appeals to Court of Appeal","content":"# Appeals to Court of Appeal","sortOrder":735},{"sectionNumber":"sec.549","sectionType":"section","heading":"Who may appeal","content":"### sec.549 Who may appeal\n\nThe following persons may appeal to the Court of Appeal against a decision of the Mental Health Court on a reference in relation to a person—\nthe person;\nthe Attorney-General;\nthe chief psychiatrist;\nthe director of forensic disability.\n- (a) the person;\n- (b) the Attorney-General;\n- (c) the chief psychiatrist;\n- (d) the director of forensic disability.","sortOrder":736},{"sectionNumber":"sec.550","sectionType":"section","heading":"How to start appeal","content":"### sec.550 How to start appeal\n\nAn appeal is started by filing a notice of appeal with the registrar of the Court of Appeal.\nThe notice of appeal must be filed within 28 days after the appellant receives notice of the decision or otherwise becomes aware of the decision.\nHowever, the Court of Appeal may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must—\nbe in the approved form; and\nstate fully the grounds of the appeal and the facts relied on.\n(sec.550-ssec.1) An appeal is started by filing a notice of appeal with the registrar of the Court of Appeal.\n(sec.550-ssec.2) The notice of appeal must be filed within 28 days after the appellant receives notice of the decision or otherwise becomes aware of the decision.\n(sec.550-ssec.3) However, the Court of Appeal may at any time extend the period for filing the notice of appeal.\n(sec.550-ssec.4) The notice of appeal must— be in the approved form; and state fully the grounds of the appeal and the facts relied on.\n- (a) be in the approved form; and\n- (b) state fully the grounds of the appeal and the facts relied on.","sortOrder":737},{"sectionNumber":"sec.551","sectionType":"section","heading":"Appeal powers","content":"### sec.551 Appeal powers\n\nThe procedure for the appeal is to be in accordance with court rules for the Court of Appeal or, if the rules make no provision or insufficient provision, as directed by the Court of Appeal.\nIn deciding the appeal, the Court of Appeal may—\nconfirm the decision appealed against; or\nset aside the decision appealed against and substitute another decision; or\nset aside the decision appealed against and return the matter to the Mental Health Court with the directions the Court of Appeal considers appropriate.\nIf the Court of Appeal substitutes another decision, the substituted decision is taken for this Act, other than this chapter, to be the decision of the Mental Health Court.\nIf the Court of Appeal returns the matter to the Mental Health Court, the Court of Appeal must order that—\neither—\nthe person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\nbail be granted, enlarged or varied under the Bail Act 1980 for the person; or\nthe person be detained in a stated authorised mental health service.\nAn order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\nFor subsection (4) (b) , an authorised person may transport the person to an inpatient unit of the authorised mental health service stated in the order.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nThe person the subject of the reference may be detained under the court’s order in an inpatient unit of the authorised mental health service stated in the order.\n(sec.551-ssec.1) The procedure for the appeal is to be in accordance with court rules for the Court of Appeal or, if the rules make no provision or insufficient provision, as directed by the Court of Appeal.\n(sec.551-ssec.2) In deciding the appeal, the Court of Appeal may— confirm the decision appealed against; or set aside the decision appealed against and substitute another decision; or set aside the decision appealed against and return the matter to the Mental Health Court with the directions the Court of Appeal considers appropriate.\n(sec.551-ssec.3) If the Court of Appeal substitutes another decision, the substituted decision is taken for this Act, other than this chapter, to be the decision of the Mental Health Court.\n(sec.551-ssec.4) If the Court of Appeal returns the matter to the Mental Health Court, the Court of Appeal must order that— either— the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or bail be granted, enlarged or varied under the Bail Act 1980 for the person; or the person be detained in a stated authorised mental health service. An order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n(sec.551-ssec.5) For subsection (4) (b) , an authorised person may transport the person to an inpatient unit of the authorised mental health service stated in the order. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.551-ssec.6) The person the subject of the reference may be detained under the court’s order in an inpatient unit of the authorised mental health service stated in the order.\n- (a) confirm the decision appealed against; or\n- (b) set aside the decision appealed against and substitute another decision; or\n- (c) set aside the decision appealed against and return the matter to the Mental Health Court with the directions the Court of Appeal considers appropriate.\n- (a) either— (i) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or (ii) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (i) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\n- (ii) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or\n- (b) the person be detained in a stated authorised mental health service. Note— An order made under paragraph (b) is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n- (i) the person be remanded in custody and any bail granted under the Bail Act 1980 for the person be revoked; or\n- (ii) bail be granted, enlarged or varied under the Bail Act 1980 for the person; or","sortOrder":738},{"sectionNumber":"sec.552","sectionType":"section","heading":"Notice of decision","content":"### sec.552 Notice of decision\n\nThe registrar of the Court of Appeal must give a copy of the decision on the appeal to the registrar of the Mental Health Court.","sortOrder":739},{"sectionNumber":"ch.14-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":740},{"sectionNumber":"sec.553","sectionType":"section","heading":"Purpose of ch 14","content":"### sec.553 Purpose of ch 14\n\nThis purpose of this chapter is to provide for—\nthe appointment of inspectors; and\nthe functions and powers of inspectors in relation to—\ninvestigating, monitoring and enforcing compliance with this Act; and\ninvestigating a matter under chapter 10 , part 4 .\n- (a) the appointment of inspectors; and\n- (b) the functions and powers of inspectors in relation to— (i) investigating, monitoring and enforcing compliance with this Act; and (ii) investigating a matter under chapter 10 , part 4 .\n- (i) investigating, monitoring and enforcing compliance with this Act; and\n- (ii) investigating a matter under chapter 10 , part 4 .\n- (i) investigating, monitoring and enforcing compliance with this Act; and\n- (ii) investigating a matter under chapter 10 , part 4 .","sortOrder":741},{"sectionNumber":"sec.554","sectionType":"section","heading":"Definitions for ch 14","content":"### sec.554 Definitions for ch 14\n\nIn this chapter—\ncourt means a Magistrates Court.\nelectronic document ...\ns 554 def electronic document om 2023 No. 23 s 247 sch 1 s 1\nformer owner see section 590 (1) .\ngeneral power see section 577 (1) .\nhelp requirement see section 578 (1) .\nidentity card , for an inspector, means an identity card issued under section 560 (1) .\ninformation notice , about a decision, means a notice stating the following—\nthe decision;\nthe reasons for it;\nthat the person to whom the notice is given may apply to the chief psychiatrist for a review of the decision within 28 days after the person receives the notice;\nhow to apply for a review.\ninformation requirement see section 597 (3) .\ninspector means a person who holds office under this chapter as an inspector.\noffence warning , for a help requirement or personal details requirement, means a warning that, without a reasonable excuse, it is an offence for the person to whom the requirement is made not to comply with it.\nowner , of a thing that has been seized under this chapter, includes a person who would be entitled to possession of the thing had it not been seized.\npersonal details requirement see section 595 (5) .\nperson in control , of a thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.\nreasonably suspects means suspects on grounds that are reasonable in the circumstances.\n- (a) the decision;\n- (b) the reasons for it;\n- (c) that the person to whom the notice is given may apply to the chief psychiatrist for a review of the decision within 28 days after the person receives the notice;\n- (d) how to apply for a review.","sortOrder":742},{"sectionNumber":"ch.14-pt.2","sectionType":"part","heading":"General provisions about inspectors","content":"# General provisions about inspectors","sortOrder":743},{"sectionNumber":"ch.14-pt.2-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":744},{"sectionNumber":"sec.555","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.555 Appointment and qualifications\n\nThe chief psychiatrist may, by instrument in writing, appoint any of the following persons as inspectors—\na public service employee of the department;\na health service employee;\nother persons prescribed by regulation.\nAlso, the chief psychiatrist may, by instrument in writing, appoint a health practitioner, lawyer or another person as an inspector for investigating a matter under chapter 10 , part 4 .\nHowever, the chief psychiatrist may appoint a person as an inspector under subsection (1) or (2) only if the chief psychiatrist is satisfied the person is appropriately qualified.\nAlso, the chief psychiatrist is an inspector.\n(sec.555-ssec.1) The chief psychiatrist may, by instrument in writing, appoint any of the following persons as inspectors— a public service employee of the department; a health service employee; other persons prescribed by regulation.\n(sec.555-ssec.2) Also, the chief psychiatrist may, by instrument in writing, appoint a health practitioner, lawyer or another person as an inspector for investigating a matter under chapter 10 , part 4 .\n(sec.555-ssec.3) However, the chief psychiatrist may appoint a person as an inspector under subsection (1) or (2) only if the chief psychiatrist is satisfied the person is appropriately qualified.\n(sec.555-ssec.4) Also, the chief psychiatrist is an inspector.\n- (a) a public service employee of the department;\n- (b) a health service employee;\n- (c) other persons prescribed by regulation.","sortOrder":745},{"sectionNumber":"sec.556","sectionType":"section","heading":"Functions of inspectors","content":"### sec.556 Functions of inspectors\n\nAn inspector’s functions are as follows—\nfor an inspector appointed under section 555 (1) —to investigate, monitor and enforce compliance with this Act;\nfor an inspector appointed under section 555 (1) or (2) —to investigate a matter under chapter 10 , part 4 ;\nfor the chief psychiatrist—each of the functions mentioned in paragraphs (a) and (b) .\n- (a) for an inspector appointed under section 555 (1) —to investigate, monitor and enforce compliance with this Act;\n- (b) for an inspector appointed under section 555 (1) or (2) —to investigate a matter under chapter 10 , part 4 ;\n- (c) for the chief psychiatrist—each of the functions mentioned in paragraphs (a) and (b) .","sortOrder":746},{"sectionNumber":"sec.557","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.557 Appointment conditions and limit on powers\n\nAn inspector holds office on any conditions stated in—\nthe inspector’s instrument of appointment; or\na signed notice given to the inspector; or\na regulation.\nThe instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\nIn this section—\nsigned notice means a notice signed by the chief psychiatrist.\n(sec.557-ssec.1) An inspector holds office on any conditions stated in— the inspector’s instrument of appointment; or a signed notice given to the inspector; or a regulation.\n(sec.557-ssec.2) The instrument of appointment, a signed notice given to the inspector or a regulation may limit the inspector’s powers.\n(sec.557-ssec.3) In this section— signed notice means a notice signed by the chief psychiatrist.\n- (a) the inspector’s instrument of appointment; or\n- (b) a signed notice given to the inspector; or\n- (c) a regulation.","sortOrder":747},{"sectionNumber":"sec.558","sectionType":"section","heading":"When office ends","content":"### sec.558 When office ends\n\nThe office of a person as an inspector ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe inspector’s resignation under section 559 takes effect.\nSubsection (1) does not limit the ways the office of a person as an inspector ends.\nIn this section—\ncondition of office means a condition under which the inspector holds office.\n(sec.558-ssec.1) The office of a person as an inspector ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the inspector’s resignation under section 559 takes effect.\n(sec.558-ssec.2) Subsection (1) does not limit the ways the office of a person as an inspector ends.\n(sec.558-ssec.3) In this section— condition of office means a condition under which the inspector holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the inspector’s resignation under section 559 takes effect.","sortOrder":748},{"sectionNumber":"sec.559","sectionType":"section","heading":"Resignation","content":"### sec.559 Resignation\n\nAn inspector may resign by signed notice given to the chief psychiatrist.","sortOrder":749},{"sectionNumber":"ch.14-pt.2-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":750},{"sectionNumber":"sec.560","sectionType":"section","heading":"Issue of identity card","content":"### sec.560 Issue of identity card\n\nThe chief psychiatrist must issue an identity card to each inspector.\nThe identity card must—\ncontain a recent photo of the inspector; and\ncontain a copy of the inspector’s signature; and\nidentify the person as an inspector under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.560-ssec.1) The chief psychiatrist must issue an identity card to each inspector.\n(sec.560-ssec.2) The identity card must— contain a recent photo of the inspector; and contain a copy of the inspector’s signature; and identify the person as an inspector under this Act; and state an expiry date for the card.\n(sec.560-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the inspector; and\n- (b) contain a copy of the inspector’s signature; and\n- (c) identify the person as an inspector under this Act; and\n- (d) state an expiry date for the card.","sortOrder":751},{"sectionNumber":"sec.561","sectionType":"section","heading":"Production or display of identity card","content":"### sec.561 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an inspector must—\nproduce the inspector’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 565 (1) (b) or (d) .\n(sec.561-ssec.1) In exercising a power in relation to a person in the person’s presence, an inspector must— produce the inspector’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.561-ssec.2) However, if it is not practicable to comply with subsection (1) , the inspector must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.561-ssec.3) For subsection (1) , an inspector does not exercise a power in relation to a person only because the inspector has entered a place as mentioned in section 565 (1) (b) or (d) .\n- (a) produce the inspector’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":752},{"sectionNumber":"sec.562","sectionType":"section","heading":"Return of identity card","content":"### sec.562 Return of identity card\n\nIf the office of a person as an inspector ends, the person must return the person’s identity card to the chief psychiatrist within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":753},{"sectionNumber":"ch.14-pt.2-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":754},{"sectionNumber":"sec.563","sectionType":"section","heading":"References to exercise of powers","content":"### sec.563 References to exercise of powers\n\nIf—\na provision of this chapter refers to the exercise of a power by an inspector; and\nthere is no reference to a specific power;\nthe reference is to the exercise of all or any inspectors’ powers under this chapter or a warrant, to the extent the powers are relevant.\n- (a) a provision of this chapter refers to the exercise of a power by an inspector; and\n- (b) there is no reference to a specific power;","sortOrder":755},{"sectionNumber":"sec.564","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.564 Reference to document includes reference to reproductions from electronic document\n\nA reference in this chapter to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":756},{"sectionNumber":"ch.14-pt.3","sectionType":"part","heading":"Entry of places by inspectors","content":"# Entry of places by inspectors","sortOrder":757},{"sectionNumber":"ch.14-pt.3-div.1","sectionType":"division","heading":"Power to enter","content":"## Power to enter","sortOrder":758},{"sectionNumber":"sec.565","sectionType":"section","heading":"General power to enter places","content":"### sec.565 General power to enter places\n\nAn inspector may enter a place if—\nan occupier of the place consents under division 2 to the entry and section 568 has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 575 has been complied with for the occupier; or\nit is an authorised mental health service or public sector health service facility and is—\nopen to the public; or\notherwise open for entry.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.565-ssec.1) An inspector may enter a place if— an occupier of the place consents under division 2 to the entry and section 568 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 575 has been complied with for the occupier; or it is an authorised mental health service or public sector health service facility and is— open to the public; or otherwise open for entry.\n(sec.565-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.565-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n- (a) an occupier of the place consents under division 2 to the entry and section 568 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 575 has been complied with for the occupier; or\n- (d) it is an authorised mental health service or public sector health service facility and is— (i) open to the public; or (ii) otherwise open for entry.\n- (i) open to the public; or\n- (ii) otherwise open for entry.\n- (i) open to the public; or\n- (ii) otherwise open for entry.","sortOrder":759},{"sectionNumber":"ch.14-pt.3-div.2","sectionType":"division","heading":"Entry by consent","content":"## Entry by consent","sortOrder":760},{"sectionNumber":"sec.566","sectionType":"section","heading":"Application of div 2","content":"### sec.566 Application of div 2\n\nThis division applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place under section 565 (1) (a) .","sortOrder":761},{"sectionNumber":"sec.567","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.567 Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an inspector may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":762},{"sectionNumber":"sec.568","sectionType":"section","heading":"Matters inspector must tell occupier","content":"### sec.568 Matters inspector must tell occupier\n\nBefore asking for the consent, the inspector must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":763},{"sectionNumber":"sec.569","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.569 Consent acknowledgement\n\nIf the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers intended to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.569-ssec.1) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent.\n(sec.569-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers intended to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.569-ssec.3) If the occupier signs the acknowledgement, the inspector must immediately give a copy to the occupier.\n(sec.569-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers intended to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the inspector or another inspector consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers intended to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":764},{"sectionNumber":"ch.14-pt.3-div.3","sectionType":"division","heading":"Entry under warrant","content":"## Entry under warrant","sortOrder":765},{"sectionNumber":"sec.570","sectionType":"section","heading":"Application for warrant","content":"### sec.570 Application for warrant\n\nAn inspector may apply to a magistrate for a warrant for a place.\nThe inspector must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.570-ssec.1) An inspector may apply to a magistrate for a warrant for a place.\n(sec.570-ssec.2) The inspector must prepare a written application that states the grounds on which the warrant is sought.\n(sec.570-ssec.3) The written application must be sworn.\n(sec.570-ssec.4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":766},{"sectionNumber":"sec.571","sectionType":"section","heading":"Issue of warrant","content":"### sec.571 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence—\nabout a matter being investigated by the inspector under chapter 10 , part 4 ; or\nof an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated inspector or any inspector may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the inspector’s powers; and\nparticulars of the matter being investigated, or offence, that the magistrate considers appropriate; and\nthe name of the person involved in the matter being investigated, or suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.571-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence— about a matter being investigated by the inspector under chapter 10 , part 4 ; or of an offence against this Act.\n(sec.571-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated inspector or any inspector may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the inspector’s powers; and particulars of the matter being investigated, or offence, that the magistrate considers appropriate; and the name of the person involved in the matter being investigated, or suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) about a matter being investigated by the inspector under chapter 10 , part 4 ; or\n- (b) of an offence against this Act.\n- (a) the place to which the warrant applies; and\n- (b) that a stated inspector or any inspector may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the inspector’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and\n- (c) particulars of the matter being investigated, or offence, that the magistrate considers appropriate; and\n- (d) the name of the person involved in the matter being investigated, or suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the inspector’s powers; and","sortOrder":767},{"sectionNumber":"sec.572","sectionType":"section","heading":"Electronic application","content":"### sec.572 Electronic application\n\nAn application under section 570 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the inspector’s remote location.\nThe application—\nmay not be made before the inspector prepares the written application under section 570 (2) ; but\nmay be made before the written application is sworn.\n(sec.572-ssec.1) An application under section 570 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the inspector’s remote location.\n(sec.572-ssec.2) The application— may not be made before the inspector prepares the written application under section 570 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the inspector’s remote location.\n- (a) may not be made before the inspector prepares the written application under section 570 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":768},{"sectionNumber":"sec.573","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.573 Additional procedure if electronic application\n\nFor an application made under section 572 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 572 ; and\nthe way the application was made under section 572 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\notherwise—\nthe magistrate must tell the inspector the information mentioned in section 571 (2) ; and\nthe inspector must complete a form of warrant, including by writing on it the information mentioned in section 571 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe inspector must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 570 (2) and (3) ; and\nif the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.573-ssec.1) For an application made under section 572 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 572 ; and the way the application was made under section 572 was appropriate.\n(sec.573-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or otherwise— the magistrate must tell the inspector the information mentioned in section 571 (2) ; and the inspector must complete a form of warrant, including by writing on it the information mentioned in section 571 (2) provided by the magistrate.\n(sec.573-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.573-ssec.4) The inspector must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 570 (2) and (3) ; and if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.573-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.573-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.573-ssec.7) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 572 ; and\n- (b) the way the application was made under section 572 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or\n- (b) otherwise— (i) the magistrate must tell the inspector the information mentioned in section 571 (2) ; and (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 571 (2) provided by the magistrate.\n- (i) the magistrate must tell the inspector the information mentioned in section 571 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 571 (2) provided by the magistrate.\n- (i) the magistrate must tell the inspector the information mentioned in section 571 (2) ; and\n- (ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in section 571 (2) provided by the magistrate.\n- (a) the written application complying with section 570 (2) and (3) ; and\n- (b) if the inspector completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":769},{"sectionNumber":"sec.574","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.574 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 573 (3) .\n(sec.574-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.\n(sec.574-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 573 (3) .\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":770},{"sectionNumber":"sec.575","sectionType":"section","heading":"Entry procedure","content":"### sec.575 Entry procedure\n\nThis section applies if an inspector is intending to enter a place under a warrant issued under subdivision 1 .\nBefore entering the place, the inspector must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\ngive the person a copy of the warrant;\ntell the person the inspector is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the inspector immediate entry to the place without using force.\nHowever, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 573 (3) .\n(sec.575-ssec.1) This section applies if an inspector is intending to enter a place under a warrant issued under subdivision 1 .\n(sec.575-ssec.2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment; give the person a copy of the warrant; tell the person the inspector is permitted by the warrant to enter the place; give the person an opportunity to allow the inspector immediate entry to the place without using force.\n(sec.575-ssec.3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.575-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 573 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the inspector’s identity card or another document evidencing the inspector’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the inspector is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the inspector immediate entry to the place without using force.","sortOrder":771},{"sectionNumber":"ch.14-pt.4","sectionType":"part","heading":"General powers of inspectors after entering places","content":"# General powers of inspectors after entering places","sortOrder":772},{"sectionNumber":"sec.576","sectionType":"section","heading":"Application of pt 4","content":"### sec.576 Application of pt 4\n\nThe powers under this part may be exercised if an inspector enters a place under section 565 (1) (a) , (c) or (d) .\nHowever, if the inspector enters the place under section 565 (1) (a) or (c) , the powers under this part are subject to any conditions of the consent or terms of the warrant.\n(sec.576-ssec.1) The powers under this part may be exercised if an inspector enters a place under section 565 (1) (a) , (c) or (d) .\n(sec.576-ssec.2) However, if the inspector enters the place under section 565 (1) (a) or (c) , the powers under this part are subject to any conditions of the consent or terms of the warrant.","sortOrder":773},{"sectionNumber":"sec.577","sectionType":"section","heading":"General powers","content":"### sec.577 General powers\n\nThe inspector may do any of the following (each a general power )—\nsearch any part of the place;\nconfer alone with a patient in the place;\nmake inquiries about the admission, assessment, examination, detention, or treatment and care, of a patient in the place;\ninspect, examine or film any part of the place or anything at the place, including, for example—\ninspect any document (including a health record) about a patient who—\nhas been, or is being, assessed or examined in the place; or\nhas received, or is receiving, treatment and care in the place; and\ninspect any record or register required to be kept under this Act;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this part;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe inspector may take a necessary step to allow the exercise of a general power.\nIf the inspector takes a document from the place to copy it, the inspector must copy the document and return it to the place as soon as practicable.\nIf the inspector takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the inspector must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\n(sec.577-ssec.1) The inspector may do any of the following (each a general power )— search any part of the place; confer alone with a patient in the place; make inquiries about the admission, assessment, examination, detention, or treatment and care, of a patient in the place; inspect, examine or film any part of the place or anything at the place, including, for example— inspect any document (including a health record) about a patient who— has been, or is being, assessed or examined in the place; or has received, or is receiving, treatment and care in the place; and inspect any record or register required to be kept under this Act; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this part; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.577-ssec.2) The inspector may take a necessary step to allow the exercise of a general power.\n(sec.577-ssec.3) If the inspector takes a document from the place to copy it, the inspector must copy the document and return it to the place as soon as practicable.\n(sec.577-ssec.4) If the inspector takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the inspector must produce the document and return the article or device to the place as soon as practicable.\n(sec.577-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) confer alone with a patient in the place;\n- (c) make inquiries about the admission, assessment, examination, detention, or treatment and care, of a patient in the place;\n- (d) inspect, examine or film any part of the place or anything at the place, including, for example— (i) inspect any document (including a health record) about a patient who— (A) has been, or is being, assessed or examined in the place; or (B) has received, or is receiving, treatment and care in the place; and (ii) inspect any record or register required to be kept under this Act;\n- (i) inspect any document (including a health record) about a patient who— (A) has been, or is being, assessed or examined in the place; or (B) has received, or is receiving, treatment and care in the place; and\n- (A) has been, or is being, assessed or examined in the place; or\n- (B) has received, or is receiving, treatment and care in the place; and\n- (ii) inspect any record or register required to be kept under this Act;\n- (e) take for examination a thing, or a sample of or from a thing, at the place;\n- (f) place an identifying mark in or on anything at the place;\n- (g) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (h) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (i) take to, into or onto the place and use any person, equipment and materials the inspector reasonably requires for exercising the inspector’s powers under this part;\n- (j) remain at the place for the time necessary to achieve the purpose of the entry.\n- (i) inspect any document (including a health record) about a patient who— (A) has been, or is being, assessed or examined in the place; or (B) has received, or is receiving, treatment and care in the place; and\n- (A) has been, or is being, assessed or examined in the place; or\n- (B) has received, or is receiving, treatment and care in the place; and\n- (ii) inspect any record or register required to be kept under this Act;\n- (A) has been, or is being, assessed or examined in the place; or\n- (B) has received, or is receiving, treatment and care in the place; and","sortOrder":774},{"sectionNumber":"sec.578","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.578 Power to require reasonable help\n\nThe inspector may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the inspector reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the inspector must give the person an offence warning for the requirement.\n(sec.578-ssec.1) The inspector may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the inspector reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.578-ssec.2) When making the help requirement, the inspector must give the person an offence warning for the requirement.","sortOrder":775},{"sectionNumber":"sec.579","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.579 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept under this Act.\n(sec.579-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.579-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.579-ssec.3) However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept under this Act.","sortOrder":776},{"sectionNumber":"ch.14-pt.5","sectionType":"part","heading":"Seizure by inspectors and forfeiture","content":"# Seizure by inspectors and forfeiture","sortOrder":777},{"sectionNumber":"ch.14-pt.5-div.1","sectionType":"division","heading":"Power to seize","content":"## Power to seize","sortOrder":778},{"sectionNumber":"sec.580","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.580 Seizing evidence at a place that may be entered without consent or warrant\n\nAn inspector who enters a place the inspector may enter under section 565 without the consent of an occupier of the place and without a warrant may seize a thing at the place if the inspector reasonably believes the thing is evidence—\nabout a matter being investigated by the inspector under chapter 10 , part 4 ; or\nof an offence against this Act.\n- (a) about a matter being investigated by the inspector under chapter 10 , part 4 ; or\n- (b) of an offence against this Act.","sortOrder":779},{"sectionNumber":"sec.581","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.581 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe inspector enters the place after obtaining the consent or under a warrant.\nIf the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if—\nthe inspector reasonably believes the thing is evidence—\nabout a matter being investigated by the inspector under chapter 10 , part 4 ; or\nof an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\nThe inspector may also seize anything else at the place if the inspector reasonably believes—\nthe thing is evidence—\nabout a matter being investigated by the inspector under chapter 10 , part 4 ; or\nof an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\nThe inspector may also seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n(sec.581-ssec.1) This section applies if— an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the inspector enters the place after obtaining the consent or under a warrant.\n(sec.581-ssec.2) If the inspector enters the place with the occupier’s consent, the inspector may seize a thing at the place only if— the inspector reasonably believes the thing is evidence— about a matter being investigated by the inspector under chapter 10 , part 4 ; or of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.581-ssec.3) If the inspector enters the place under a warrant, the inspector may seize the evidence for which the warrant was issued.\n(sec.581-ssec.4) The inspector may also seize anything else at the place if the inspector reasonably believes— the thing is evidence— about a matter being investigated by the inspector under chapter 10 , part 4 ; or of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.581-ssec.5) The inspector may also seize a thing at the place if the inspector reasonably believes it has just been used in committing an offence against this Act.\n- (a) an inspector is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the inspector enters the place after obtaining the consent or under a warrant.\n- (a) the inspector reasonably believes the thing is evidence— (i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or (ii) of an offence against this Act; and\n- (i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or\n- (ii) of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or\n- (ii) of an offence against this Act; and\n- (a) the thing is evidence— (i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or (ii) of an offence against this Act; and\n- (i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or\n- (ii) of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (i) about a matter being investigated by the inspector under chapter 10 , part 4 ; or\n- (ii) of an offence against this Act; and","sortOrder":780},{"sectionNumber":"sec.582","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.582 Seizure of property subject to security\n\nAn inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting under the direction or authority of the inspector.\n(sec.582-ssec.1) An inspector may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.582-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the inspector or a person acting under the direction or authority of the inspector.","sortOrder":781},{"sectionNumber":"ch.14-pt.5-div.2","sectionType":"division","heading":"Powers to support seizure","content":"## Powers to support seizure","sortOrder":782},{"sectionNumber":"sec.583","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.583 Power to secure seized thing\n\nHaving seized a thing under division 1 , an inspector may—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the inspector may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n(sec.583-ssec.1) Having seized a thing under division 1 , an inspector may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.583-ssec.2) For subsection (1) (a) , the inspector may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make it inoperable by dismantling it or removing a component without which the equipment can not be used require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .\n- (a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the inspector reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1) (a) .","sortOrder":783},{"sectionNumber":"sec.584","sectionType":"section","heading":"Offence to contravene other seizure requirement","content":"### sec.584 Offence to contravene other seizure requirement\n\nA person must comply with a requirement made of the person under section 583 (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.","sortOrder":784},{"sectionNumber":"sec.585","sectionType":"section","heading":"Offence to interfere","content":"### sec.585 Offence to interfere\n\nIf access to a seized thing is restricted under section 583 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\nIf access to a place is restricted under section 583 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan inspector’s approval; or\na reasonable excuse.\nMaximum penalty—100 penalty units.\n(sec.585-ssec.1) If access to a seized thing is restricted under section 583 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.585-ssec.2) If access to a place is restricted under section 583 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an inspector’s approval; or a reasonable excuse. Maximum penalty—100 penalty units.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.\n- (a) an inspector’s approval; or\n- (b) a reasonable excuse.","sortOrder":785},{"sectionNumber":"ch.14-pt.5-div.3","sectionType":"division","heading":"Safeguards for seized things","content":"## Safeguards for seized things","sortOrder":786},{"sectionNumber":"sec.586","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.586 Receipt and information notice for seized thing\n\nThis section applies if an inspector seizes anything under division 1 unless—\nthe inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\nThe inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this Act.\nHowever, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n(sec.586-ssec.1) This section applies if an inspector seizes anything under division 1 unless— the inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n(sec.586-ssec.2) The inspector must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.\n(sec.586-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.586-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.586-ssec.5) The inspector may delay giving the receipt and information notice if the inspector reasonably suspects giving them may frustrate or otherwise hinder an investigation by the inspector under this Act.\n(sec.586-ssec.6) However, the delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the inspector reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the inspector to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":787},{"sectionNumber":"sec.587","sectionType":"section","heading":"Access to seized thing","content":"### sec.587 Access to seized thing\n\nUntil a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.587-ssec.1) Until a seized thing is forfeited or returned, the inspector who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.587-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.587-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":788},{"sectionNumber":"sec.588","sectionType":"section","heading":"Return of seized thing","content":"### sec.588 Return of seized thing\n\nThis section applies if a seized thing has some intrinsic value and is not forfeited or transferred under division 4 or 5 .\nThe inspector must return the seized thing to an owner—\ngenerally—at the end of 6 months after the seizure; or\nif a proceeding for an offence involving the thing is started within 6 months after the seizure—at the end of the proceeding and any appeal from the proceeding.\nDespite subsection (2) , if the thing was seized as evidence, the inspector must return the thing seized to an owner as soon as practicable after the inspector is satisfied—\nits continued retention as evidence is no longer necessary; and\nit is lawful for the owner to possess it.\nNothing in this section affects a lien or other security over the seized thing.\n(sec.588-ssec.1) This section applies if a seized thing has some intrinsic value and is not forfeited or transferred under division 4 or 5 .\n(sec.588-ssec.2) The inspector must return the seized thing to an owner— generally—at the end of 6 months after the seizure; or if a proceeding for an offence involving the thing is started within 6 months after the seizure—at the end of the proceeding and any appeal from the proceeding.\n(sec.588-ssec.3) Despite subsection (2) , if the thing was seized as evidence, the inspector must return the thing seized to an owner as soon as practicable after the inspector is satisfied— its continued retention as evidence is no longer necessary; and it is lawful for the owner to possess it.\n(sec.588-ssec.4) Nothing in this section affects a lien or other security over the seized thing.\n- (a) generally—at the end of 6 months after the seizure; or\n- (b) if a proceeding for an offence involving the thing is started within 6 months after the seizure—at the end of the proceeding and any appeal from the proceeding.\n- (a) its continued retention as evidence is no longer necessary; and\n- (b) it is lawful for the owner to possess it.","sortOrder":789},{"sectionNumber":"ch.14-pt.5-div.4","sectionType":"division","heading":"Forfeiture","content":"## Forfeiture","sortOrder":790},{"sectionNumber":"sec.589","sectionType":"section","heading":"Forfeiture by chief psychiatrist decision","content":"### sec.589 Forfeiture by chief psychiatrist decision\n\nThe chief psychiatrist may decide a seized thing is forfeited to the State if an inspector—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner.\nHowever, the inspector is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nthe owner of the thing has migrated to another country\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.589-ssec.1) The chief psychiatrist may decide a seized thing is forfeited to the State if an inspector— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner.\n(sec.589-ssec.2) However, the inspector is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. the owner of the thing has migrated to another country\n(sec.589-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — the owner of the thing has migrated to another country\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":791},{"sectionNumber":"sec.590","sectionType":"section","heading":"Information notice about forfeiture decision","content":"### sec.590 Information notice about forfeiture decision\n\nIf the chief psychiatrist decides under section 589 (1) to forfeit a thing, the chief psychiatrist must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\nThe information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision.\nHowever, subsections (1) to (3) do not apply if the place where the thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\n(sec.590-ssec.1) If the chief psychiatrist decides under section 589 (1) to forfeit a thing, the chief psychiatrist must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\n(sec.590-ssec.2) The information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.590-ssec.3) The information notice must state that the former owner may apply for a stay of the decision if the former owner appeals against the decision.\n(sec.590-ssec.4) However, subsections (1) to (3) do not apply if the place where the thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner.\n- (a) a public place; or\n- (b) a place where the notice is unlikely to be read by the former owner.","sortOrder":792},{"sectionNumber":"sec.591","sectionType":"section","heading":"Forfeiture on conviction","content":"### sec.591 Forfeiture on conviction\n\nOn the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of—\nanything used to commit the offence; or\nanything else the subject of the offence.\nThe court may make the order—\nwhether or not the thing has been seized; or\nif the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\nThe court may make any order to enforce the forfeiture it considers appropriate.\nThis section does not limit the court’s powers under another law.\n(sec.591-ssec.1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of— anything used to commit the offence; or anything else the subject of the offence.\n(sec.591-ssec.2) The court may make the order— whether or not the thing has been seized; or if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.\n(sec.591-ssec.3) The court may make any order to enforce the forfeiture it considers appropriate.\n(sec.591-ssec.4) This section does not limit the court’s powers under another law.\n- (a) anything used to commit the offence; or\n- (b) anything else the subject of the offence.\n- (a) whether or not the thing has been seized; or\n- (b) if the thing has been seized—whether or not the thing has been returned to the former owner of the thing.","sortOrder":793},{"sectionNumber":"sec.592","sectionType":"section","heading":"Procedure and powers for making forfeiture order","content":"### sec.592 Procedure and powers for making forfeiture order\n\nA forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\nIn deciding whether to make a forfeiture order for a thing, the court—\nmay require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\nmust hear any submissions that any person claiming to have any property in the thing may wish to make.\n(sec.592-ssec.1) A forfeiture order may be made on a conviction on the court’s initiative or on an application by the prosecution.\n(sec.592-ssec.2) In deciding whether to make a forfeiture order for a thing, the court— may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and must hear any submissions that any person claiming to have any property in the thing may wish to make.\n- (a) may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and\n- (b) must hear any submissions that any person claiming to have any property in the thing may wish to make.","sortOrder":794},{"sectionNumber":"ch.14-pt.5-div.5","sectionType":"division","heading":"Dealing with property forfeited or transferred to State","content":"## Dealing with property forfeited or transferred to State","sortOrder":795},{"sectionNumber":"sec.593","sectionType":"section","heading":"When thing becomes property of the State","content":"### sec.593 When thing becomes property of the State\n\nA thing becomes the property of the State if—\nthe thing is forfeited to the State under section 589 (1) or 591 (1) ; or\nthe owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.\n- (a) the thing is forfeited to the State under section 589 (1) or 591 (1) ; or\n- (b) the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.","sortOrder":796},{"sectionNumber":"sec.594","sectionType":"section","heading":"How property may be dealt with","content":"### sec.594 How property may be dealt with\n\nThis section applies if, under section 593 , a thing becomes the property of the State.\nThe chief psychiatrist may deal with the thing as the chief psychiatrist considers appropriate, including, for example, by destroying it or giving it away.\nThe chief psychiatrist must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under part 8 .\nIf the chief psychiatrist sells the thing, the chief psychiatrist may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.\n(sec.594-ssec.1) This section applies if, under section 593 , a thing becomes the property of the State.\n(sec.594-ssec.2) The chief psychiatrist may deal with the thing as the chief psychiatrist considers appropriate, including, for example, by destroying it or giving it away.\n(sec.594-ssec.3) The chief psychiatrist must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under part 8 .\n(sec.594-ssec.4) If the chief psychiatrist sells the thing, the chief psychiatrist may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.","sortOrder":797},{"sectionNumber":"ch.14-pt.6","sectionType":"part","heading":"Other information-obtaining powers of inspectors","content":"# Other information-obtaining powers of inspectors","sortOrder":798},{"sectionNumber":"sec.595","sectionType":"section","heading":"Power to require name and address","content":"### sec.595 Power to require name and address\n\nThis section applies if an inspector—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\nThe inspector may require the person to state the person’s name and residential address.\nThe inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nWhen making a personal details requirement, the inspector must give the person an offence warning for the requirement.\nA requirement under this section is a personal details requirement .\n(sec.595-ssec.1) This section applies if an inspector— finds a person committing an offence against this Act; or finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n(sec.595-ssec.2) The inspector may require the person to state the person’s name and residential address.\n(sec.595-ssec.3) The inspector may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.595-ssec.4) When making a personal details requirement, the inspector must give the person an offence warning for the requirement.\n(sec.595-ssec.5) A requirement under this section is a personal details requirement .\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the inspector to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the inspector to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":799},{"sectionNumber":"sec.596","sectionType":"section","heading":"Offence to contravene personal details requirement","content":"### sec.596 Offence to contravene personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.\n(sec.596-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.596-ssec.2) A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.","sortOrder":800},{"sectionNumber":"sec.597","sectionType":"section","heading":"Power to require information","content":"### sec.597 Power to require information\n\nThis section applies if an inspector reasonably believes—\nan offence against this Act has been committed and a person may be able to give information about the offence; or\na person may be able to give information about a matter being investigated by the inspector under chapter 10 , part 4 .\nThe inspector may, by written notice given to the person, require the person to give the inspector information related to the offence, or matter being investigated, at a stated reasonable time and place.\nA requirement under subsection (2) is an information requirement .\nFor information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\n(sec.597-ssec.1) This section applies if an inspector reasonably believes— an offence against this Act has been committed and a person may be able to give information about the offence; or a person may be able to give information about a matter being investigated by the inspector under chapter 10 , part 4 .\n(sec.597-ssec.2) The inspector may, by written notice given to the person, require the person to give the inspector information related to the offence, or matter being investigated, at a stated reasonable time and place.\n(sec.597-ssec.3) A requirement under subsection (2) is an information requirement .\n(sec.597-ssec.4) For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.\n(sec.597-ssec.5) In this section— information includes a document.\n- (a) an offence against this Act has been committed and a person may be able to give information about the offence; or\n- (b) a person may be able to give information about a matter being investigated by the inspector under chapter 10 , part 4 .","sortOrder":801},{"sectionNumber":"sec.598","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.598 Offence to contravene information requirement\n\nA person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\nHowever, subsection (2) does not apply if information the subject of the information requirement is required to be held or kept under this Act.\nIn this section—\ninformation includes a document.\n(sec.598-ssec.1) A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.598-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\n(sec.598-ssec.3) However, subsection (2) does not apply if information the subject of the information requirement is required to be held or kept under this Act.\n(sec.598-ssec.4) In this section— information includes a document.","sortOrder":802},{"sectionNumber":"ch.14-pt.7","sectionType":"part","heading":"Miscellaneous provisions relating to inspectors","content":"# Miscellaneous provisions relating to inspectors","sortOrder":803},{"sectionNumber":"ch.14-pt.7-div.1","sectionType":"division","heading":"Damage","content":"## Damage","sortOrder":804},{"sectionNumber":"sec.599","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.599 Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an inspector must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.","sortOrder":805},{"sectionNumber":"sec.600","sectionType":"section","heading":"Notice of damage","content":"### sec.600 Notice of damage\n\nThis section applies if—\nan inspector damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an inspector damages something.\nHowever, this section does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe inspector must give written notice of the damage to the person who appears to the inspector to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the inspector must—\nleave the notice at the place where the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the inspector’s functions.\nThe delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\nIf the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 601 .\n(sec.600-ssec.1) This section applies if— an inspector damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an inspector damages something.\n(sec.600-ssec.2) However, this section does not apply to damage the inspector reasonably considers is trivial or if the inspector reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.600-ssec.3) The inspector must give written notice of the damage to the person who appears to the inspector to be an owner, or person in control, of the thing.\n(sec.600-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the inspector must— leave the notice at the place where the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.600-ssec.5) The inspector may delay complying with subsection (3) or (4) if the inspector reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the inspector’s functions.\n(sec.600-ssec.6) The delay may be only for so long as the inspector continues to have the reasonable suspicion and remains in the vicinity of the place.\n(sec.600-ssec.7) If the inspector believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the inspector or the assistant, the inspector may state the belief in the notice.\n(sec.600-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 601 .\n- (a) an inspector damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an inspector damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 601 .","sortOrder":806},{"sectionNumber":"ch.14-pt.7-div.2","sectionType":"division","heading":"Compensation","content":"## Compensation","sortOrder":807},{"sectionNumber":"sec.601","sectionType":"section","heading":"Claim","content":"### sec.601 Claim\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under part 5 or 6 .\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\nIn this section—\nloss includes costs and damage.\n(sec.601-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an inspector including a loss arising from compliance with a requirement made of the person under part 5 or 6 .\n(sec.601-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.\n(sec.601-ssec.3) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.","sortOrder":808},{"sectionNumber":"sec.602","sectionType":"section","heading":"Court order","content":"### sec.602 Court order\n\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nany relevant offence committed by the claimant; and\nwhether the loss arose from a lawful seizure or lawful forfeiture.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 599 does not provide for a statutory right of compensation other than as provided by this section.\n(sec.602-ssec.1) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.602-ssec.2) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture.\n(sec.602-ssec.3) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.602-ssec.4) Section 599 does not provide for a statutory right of compensation other than as provided by this section.\n- (a) any relevant offence committed by the claimant; and\n- (b) whether the loss arose from a lawful seizure or lawful forfeiture.","sortOrder":809},{"sectionNumber":"ch.14-pt.8","sectionType":"part","heading":"Reviews and appeals about seizure and forfeiture","content":"# Reviews and appeals about seizure and forfeiture","sortOrder":810},{"sectionNumber":"sec.603","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.603 Definitions for pt 8\n\nIn this part—\ninternal review decision see section 608 (1) (b) .\noriginal decision see section 608 (1) (a) .\nreview notice see section 608 (1) (c) .\nreview notice day see section 608 (2) (a) .","sortOrder":811},{"sectionNumber":"sec.604","sectionType":"section","heading":"Right of appeal","content":"### sec.604 Right of appeal\n\nA person who has a right to be given an information notice about a decision made under this chapter has a right to appeal against the decision.\nInformation notices are given under sections 586 and 590 .","sortOrder":812},{"sectionNumber":"sec.605","sectionType":"section","heading":"Appeal process starts with internal review","content":"### sec.605 Appeal process starts with internal review\n\nEvery appeal against a decision must be, in the first instance, by way of an application for internal review.\nA person who has a right to appeal against a decision may apply to the chief executive for internal review of the decision.\n(sec.605-ssec.1) Every appeal against a decision must be, in the first instance, by way of an application for internal review.\n(sec.605-ssec.2) A person who has a right to appeal against a decision may apply to the chief executive for internal review of the decision.","sortOrder":813},{"sectionNumber":"sec.606","sectionType":"section","heading":"How to apply for internal review","content":"### sec.606 How to apply for internal review\n\nAn application for internal review of a decision must—\nbe in the approved form; and\ninclude enough information to enable the chief executive to decide the application.\nThe application must be made within 28 days after—\nthe day the person is given an information notice about the decision; or\nif the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.\nThe chief executive may, at any time, extend the time for making the application.\nThe application must not be dealt with by—\nthe person who made the decision; or\na person in a less senior office than the person who made the decision.\nSubsection (4) applies despite the Acts Interpretation Act 1954 , section 27A .\n(sec.606-ssec.1) An application for internal review of a decision must— be in the approved form; and include enough information to enable the chief executive to decide the application.\n(sec.606-ssec.2) The application must be made within 28 days after— the day the person is given an information notice about the decision; or if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.\n(sec.606-ssec.3) The chief executive may, at any time, extend the time for making the application.\n(sec.606-ssec.4) The application must not be dealt with by— the person who made the decision; or a person in a less senior office than the person who made the decision.\n(sec.606-ssec.5) Subsection (4) applies despite the Acts Interpretation Act 1954 , section 27A .\n- (a) be in the approved form; and\n- (b) include enough information to enable the chief executive to decide the application.\n- (a) the day the person is given an information notice about the decision; or\n- (b) if the person is not given an information notice about the decision—the day the person otherwise becomes aware of the decision.\n- (a) the person who made the decision; or\n- (b) a person in a less senior office than the person who made the decision.","sortOrder":814},{"sectionNumber":"sec.607","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.607 Stay of operation of decision\n\nThe making of an application for internal review of a decision does not affect the operation of the decision or prevent it being implemented.\nHowever, the applicant may apply to the court for a stay of the decision.\nThe court may stay the decision to secure the effectiveness of the internal review and a later appeal to the court.\nThe stay—\nmay be given on conditions the court considers appropriate; and\noperates for the period decided by the court.\nThe period of the stay must not extend past the day when the chief executive decides the application for internal review and any later period the court allows the applicant to enable the applicant to appeal against the internal review decision.\n(sec.607-ssec.1) The making of an application for internal review of a decision does not affect the operation of the decision or prevent it being implemented.\n(sec.607-ssec.2) However, the applicant may apply to the court for a stay of the decision.\n(sec.607-ssec.3) The court may stay the decision to secure the effectiveness of the internal review and a later appeal to the court.\n(sec.607-ssec.4) The stay— may be given on conditions the court considers appropriate; and operates for the period decided by the court.\n(sec.607-ssec.5) The period of the stay must not extend past the day when the chief executive decides the application for internal review and any later period the court allows the applicant to enable the applicant to appeal against the internal review decision.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) operates for the period decided by the court.","sortOrder":815},{"sectionNumber":"sec.608","sectionType":"section","heading":"Internal review decision","content":"### sec.608 Internal review decision\n\nThe chief executive must, within 28 days after receiving an application for review of a decision—\nreview the decision (the original decision ); and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive the applicant written notice (the review notice ) of the internal review decision.\nIf the internal review decision is not the decision sought by the applicant, the review notice must state the following—\nthe day the notice is given to the applicant (the review notice day );\nthe reasons for the decision;\nthat the applicant may appeal against the decision to the court within 28 days after the review notice day;\nhow to appeal;\nthat the applicant may apply to the court for a stay of the decision.\nIf the chief executive does not give the review notice within the 28 days, the chief executive is taken to have made an internal review decision confirming the original decision.\n(sec.608-ssec.1) The chief executive must, within 28 days after receiving an application for review of a decision— review the decision (the original decision ); and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give the applicant written notice (the review notice ) of the internal review decision.\n(sec.608-ssec.2) If the internal review decision is not the decision sought by the applicant, the review notice must state the following— the day the notice is given to the applicant (the review notice day ); the reasons for the decision; that the applicant may appeal against the decision to the court within 28 days after the review notice day; how to appeal; that the applicant may apply to the court for a stay of the decision.\n(sec.608-ssec.3) If the chief executive does not give the review notice within the 28 days, the chief executive is taken to have made an internal review decision confirming the original decision.\n- (a) review the decision (the original decision ); and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give the applicant written notice (the review notice ) of the internal review decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (a) the day the notice is given to the applicant (the review notice day );\n- (b) the reasons for the decision;\n- (c) that the applicant may appeal against the decision to the court within 28 days after the review notice day;\n- (d) how to appeal;\n- (e) that the applicant may apply to the court for a stay of the decision.","sortOrder":816},{"sectionNumber":"sec.609","sectionType":"section","heading":"Who may appeal","content":"### sec.609 Who may appeal\n\nA person who has applied for internal review of an original decision and is dissatisfied with the internal review decision may appeal to the court against the decision.","sortOrder":817},{"sectionNumber":"sec.610","sectionType":"section","heading":"Procedure for an appeal to the court","content":"### sec.610 Procedure for an appeal to the court\n\nAn appeal to the court is started by filing a notice of appeal with the registrar of the court.\nThe notice of appeal must be filed within 28 days after—\nif the applicant is given a review notice—the review notice day; or\notherwise—the day the chief executive is taken to have made an internal review decision confirming the original decision.\nThe court may, at any time, extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal.\nA copy of the notice must be served on the chief executive.\n(sec.610-ssec.1) An appeal to the court is started by filing a notice of appeal with the registrar of the court.\n(sec.610-ssec.2) The notice of appeal must be filed within 28 days after— if the applicant is given a review notice—the review notice day; or otherwise—the day the chief executive is taken to have made an internal review decision confirming the original decision.\n(sec.610-ssec.3) The court may, at any time, extend the period for filing the notice of appeal.\n(sec.610-ssec.4) The notice of appeal must state fully the grounds of the appeal.\n(sec.610-ssec.5) A copy of the notice must be served on the chief executive.\n- (a) if the applicant is given a review notice—the review notice day; or\n- (b) otherwise—the day the chief executive is taken to have made an internal review decision confirming the original decision.","sortOrder":818},{"sectionNumber":"sec.611","sectionType":"section","heading":"Stay of operation of internal review decision","content":"### sec.611 Stay of operation of internal review decision\n\nAn appeal against an internal review decision does not affect the operation of the decision or prevent the decision being implemented.\nHowever, the appellant may apply to the court for a stay of the internal review decision.\nThe court may stay the internal review decision to secure the effectiveness of the appeal.\nThe stay—\nmay be given on conditions the court considers appropriate; and\noperates for the period decided by the court.\nThe period of the stay must not extend past the day when the court decides the appeal.\n(sec.611-ssec.1) An appeal against an internal review decision does not affect the operation of the decision or prevent the decision being implemented.\n(sec.611-ssec.2) However, the appellant may apply to the court for a stay of the internal review decision.\n(sec.611-ssec.3) The court may stay the internal review decision to secure the effectiveness of the appeal.\n(sec.611-ssec.4) The stay— may be given on conditions the court considers appropriate; and operates for the period decided by the court.\n(sec.611-ssec.5) The period of the stay must not extend past the day when the court decides the appeal.\n- (a) may be given on conditions the court considers appropriate; and\n- (b) operates for the period decided by the court.","sortOrder":819},{"sectionNumber":"sec.612","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.612 Powers of court on appeal\n\nIn deciding an appeal against an internal review decision, the court—\nhas the same powers as the chief executive for making the internal review decision; and\nis not bound by the rules of evidence; and\nmust comply with natural justice.\nAn appeal is by way of rehearing.\nThe court may—\nconfirm the internal review decision; or\nset aside the internal review decision and substitute another decision; or\nset aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate.\n(sec.612-ssec.1) In deciding an appeal against an internal review decision, the court— has the same powers as the chief executive for making the internal review decision; and is not bound by the rules of evidence; and must comply with natural justice.\n(sec.612-ssec.2) An appeal is by way of rehearing.\n(sec.612-ssec.3) The court may— confirm the internal review decision; or set aside the internal review decision and substitute another decision; or set aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate.\n- (a) has the same powers as the chief executive for making the internal review decision; and\n- (b) is not bound by the rules of evidence; and\n- (c) must comply with natural justice.\n- (a) confirm the internal review decision; or\n- (b) set aside the internal review decision and substitute another decision; or\n- (c) set aside the internal review decision and return the matter to the chief executive with directions the court considers appropriate.","sortOrder":820},{"sectionNumber":"sec.613","sectionType":"section","heading":"Effect of decision of court on appeal","content":"### sec.613 Effect of decision of court on appeal\n\nIf the court sets aside the internal review decision and returns the matter to the chief executive with directions the court considers appropriate, and the chief executive makes a new decision, the new decision is not subject to internal review or appeal under this part.\nIf the court substitutes another decision—\nthe substituted decision is taken to be the decision of the chief executive; and\nthe chief executive may give effect to the decision as if—\nthe decision were the original decision of the chief executive; and\nno application for internal review or appeal had been made.\n(sec.613-ssec.1) If the court sets aside the internal review decision and returns the matter to the chief executive with directions the court considers appropriate, and the chief executive makes a new decision, the new decision is not subject to internal review or appeal under this part.\n(sec.613-ssec.2) If the court substitutes another decision— the substituted decision is taken to be the decision of the chief executive; and the chief executive may give effect to the decision as if— the decision were the original decision of the chief executive; and no application for internal review or appeal had been made.\n- (a) the substituted decision is taken to be the decision of the chief executive; and\n- (b) the chief executive may give effect to the decision as if— (i) the decision were the original decision of the chief executive; and (ii) no application for internal review or appeal had been made.\n- (i) the decision were the original decision of the chief executive; and\n- (ii) no application for internal review or appeal had been made.\n- (i) the decision were the original decision of the chief executive; and\n- (ii) no application for internal review or appeal had been made.","sortOrder":821},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":822},{"sectionNumber":"sec.614","sectionType":"section","heading":"Purpose of ch 15","content":"### sec.614 Purpose of ch 15\n\nThe purpose of this chapter is to provide for—\nmatters relating to the suspension of criminal proceedings against a person who becomes subject to this Act; and\noffences relating to patients; and\noffences relating to officials; and\nthe detention of, and use of reasonable force in relation to, particular patients; and\nmatters relating to evidence and legal proceedings.\n- (a) matters relating to the suspension of criminal proceedings against a person who becomes subject to this Act; and\n- (b) offences relating to patients; and\n- (c) offences relating to officials; and\n- (d) the detention of, and use of reasonable force in relation to, particular patients; and\n- (e) matters relating to evidence and legal proceedings.","sortOrder":823},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Suspension of criminal proceedings","content":"# Suspension of criminal proceedings","sortOrder":824},{"sectionNumber":"sec.615","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.615 Purpose of pt 2\n\nThe purpose of this part is to provide for—\nthe suspension of criminal proceedings against a person—\nwho becomes a classified patient; or\nin relation to whom a direction is given under chapter 4 for a psychiatrist report to be prepared; or\nin relation to whom a reference is made to the Mental Health Court; and\nthe ending of the suspension of the criminal proceedings; and\nthe giving of notices in relation to the suspension, and the ending of the suspension, of the criminal proceedings.\n(sec.615-ssec.1) The purpose of this part is to provide for— the suspension of criminal proceedings against a person— who becomes a classified patient; or in relation to whom a direction is given under chapter 4 for a psychiatrist report to be prepared; or in relation to whom a reference is made to the Mental Health Court; and the ending of the suspension of the criminal proceedings; and the giving of notices in relation to the suspension, and the ending of the suspension, of the criminal proceedings.\n- (a) the suspension of criminal proceedings against a person— (i) who becomes a classified patient; or (ii) in relation to whom a direction is given under chapter 4 for a psychiatrist report to be prepared; or (iii) in relation to whom a reference is made to the Mental Health Court; and\n- (i) who becomes a classified patient; or\n- (ii) in relation to whom a direction is given under chapter 4 for a psychiatrist report to be prepared; or\n- (iii) in relation to whom a reference is made to the Mental Health Court; and\n- (b) the ending of the suspension of the criminal proceedings; and\n- (c) the giving of notices in relation to the suspension, and the ending of the suspension, of the criminal proceedings.\n- (i) who becomes a classified patient; or\n- (ii) in relation to whom a direction is given under chapter 4 for a psychiatrist report to be prepared; or\n- (iii) in relation to whom a reference is made to the Mental Health Court; and","sortOrder":825},{"sectionNumber":"sec.616","sectionType":"section","heading":"Suspension of proceedings","content":"### sec.616 Suspension of proceedings\n\nThis section applies if any of the following happens—\na person charged with an offence, other than an offence against a law of the Commonwealth, becomes a classified patient;\nA person becomes a classified patient if the person is transported to, or remains in, an inpatient unit of an authorised mental health service under chapter 3 , part 2 or 3 .\nthe chief psychiatrist gives a direction under section 91 or 93 for a psychiatrist report to be prepared about a person in relation to a charge of a serious offence or an associated offence;\na person’s mental state in relation to an offence is referred to the Mental Health Court under section 101 , 110 , 175 or 183 .\nA proceeding against a person mentioned in subsection (1) (a) for the offence is suspended.\nA proceeding against a person mentioned in subsection (1) (b) for the serious offence or associated offence to which the chief psychiatrist’s direction relates is suspended.\nA proceeding against a person mentioned in subsection (1) (c) for the offence to which the reference relates is suspended.\nIf more than 1 of the events happens in relation to a proceeding against a person, the proceeding is suspended on and from the happening of the earliest of the events.\n(sec.616-ssec.1) This section applies if any of the following happens— a person charged with an offence, other than an offence against a law of the Commonwealth, becomes a classified patient; A person becomes a classified patient if the person is transported to, or remains in, an inpatient unit of an authorised mental health service under chapter 3 , part 2 or 3 . the chief psychiatrist gives a direction under section 91 or 93 for a psychiatrist report to be prepared about a person in relation to a charge of a serious offence or an associated offence; a person’s mental state in relation to an offence is referred to the Mental Health Court under section 101 , 110 , 175 or 183 .\n(sec.616-ssec.2) A proceeding against a person mentioned in subsection (1) (a) for the offence is suspended.\n(sec.616-ssec.3) A proceeding against a person mentioned in subsection (1) (b) for the serious offence or associated offence to which the chief psychiatrist’s direction relates is suspended.\n(sec.616-ssec.4) A proceeding against a person mentioned in subsection (1) (c) for the offence to which the reference relates is suspended.\n(sec.616-ssec.5) If more than 1 of the events happens in relation to a proceeding against a person, the proceeding is suspended on and from the happening of the earliest of the events.\n- (a) a person charged with an offence, other than an offence against a law of the Commonwealth, becomes a classified patient; Note— A person becomes a classified patient if the person is transported to, or remains in, an inpatient unit of an authorised mental health service under chapter 3 , part 2 or 3 .\n- (b) the chief psychiatrist gives a direction under section 91 or 93 for a psychiatrist report to be prepared about a person in relation to a charge of a serious offence or an associated offence;\n- (c) a person’s mental state in relation to an offence is referred to the Mental Health Court under section 101 , 110 , 175 or 183 .","sortOrder":826},{"sectionNumber":"sec.617","sectionType":"section","heading":"Giving notice of particular suspensions","content":"### sec.617 Giving notice of particular suspensions\n\nThis section applies if a proceeding is suspended under section 616 (2) or (3) .\nAs soon as practicable after the proceeding is suspended, the chief psychiatrist must give written notice to the chief executive (justice) of the suspension.\nAs soon as practicable after receiving a notice under subsection (2) , the chief executive (justice) must give each of the following a copy of the notice—\nthe registrar of the court in which the proceeding for the offence has been brought;\nthe prosecuting authority for the offence;\nif the person is a minor—the chief executive (youth justice).\ns 617 amd 2016 No. 58 s 10 sch 1\n(sec.617-ssec.1) This section applies if a proceeding is suspended under section 616 (2) or (3) .\n(sec.617-ssec.2) As soon as practicable after the proceeding is suspended, the chief psychiatrist must give written notice to the chief executive (justice) of the suspension.\n(sec.617-ssec.3) As soon as practicable after receiving a notice under subsection (2) , the chief executive (justice) must give each of the following a copy of the notice— the registrar of the court in which the proceeding for the offence has been brought; the prosecuting authority for the offence; if the person is a minor—the chief executive (youth justice).\n- (a) the registrar of the court in which the proceeding for the offence has been brought;\n- (b) the prosecuting authority for the offence;\n- (c) if the person is a minor—the chief executive (youth justice).","sortOrder":827},{"sectionNumber":"sec.618","sectionType":"section","heading":"Ending of suspension","content":"### sec.618 Ending of suspension\n\nThis section applies to a proceeding against a person that is suspended under section 616 .\nThe suspension of the proceeding ends only if each of the following is satisfied—\nthe person is not, or is no longer, a classified patient;\nif the chief psychiatrist has given a direction under section 91 or 93 for a psychiatrist report to be prepared about the person in relation to a charge of a serious offence or associated offence—the direction has been revoked;\nif the chief psychiatrist has decided not to make a reference under section 101 to the Mental Health Court—the period mentioned in section 101 (3) , or any extended period mentioned in section 101 (5) , in which the chief psychiatrist may make the reference has ended;\nif the person’s mental state in relation to the offence has been referred to the Mental Health Court under section 101 , 110 , 175 or 183 —the Mental Health Court has made a decision on the reference or the reference has been withdrawn.\ns 618 amd 2017 No. 3 s 43\n(sec.618-ssec.1) This section applies to a proceeding against a person that is suspended under section 616 .\n(sec.618-ssec.2) The suspension of the proceeding ends only if each of the following is satisfied— the person is not, or is no longer, a classified patient; if the chief psychiatrist has given a direction under section 91 or 93 for a psychiatrist report to be prepared about the person in relation to a charge of a serious offence or associated offence—the direction has been revoked; if the chief psychiatrist has decided not to make a reference under section 101 to the Mental Health Court—the period mentioned in section 101 (3) , or any extended period mentioned in section 101 (5) , in which the chief psychiatrist may make the reference has ended; if the person’s mental state in relation to the offence has been referred to the Mental Health Court under section 101 , 110 , 175 or 183 —the Mental Health Court has made a decision on the reference or the reference has been withdrawn. s 618 amd 2017 No. 3 s 43\n- (a) the person is not, or is no longer, a classified patient;\n- (b) if the chief psychiatrist has given a direction under section 91 or 93 for a psychiatrist report to be prepared about the person in relation to a charge of a serious offence or associated offence—the direction has been revoked;\n- (c) if the chief psychiatrist has decided not to make a reference under section 101 to the Mental Health Court—the period mentioned in section 101 (3) , or any extended period mentioned in section 101 (5) , in which the chief psychiatrist may make the reference has ended;\n- (d) if the person’s mental state in relation to the offence has been referred to the Mental Health Court under section 101 , 110 , 175 or 183 —the Mental Health Court has made a decision on the reference or the reference has been withdrawn.","sortOrder":828},{"sectionNumber":"sec.619","sectionType":"section","heading":"Giving notice of ending of suspension","content":"### sec.619 Giving notice of ending of suspension\n\nAs soon as practicable after the ending of the suspension of a proceeding under section 616 , the chief psychiatrist must give each of the following written notice of the ending of the suspension—\nthe person;\nthe person’s lawyer, if any;\nthe chief executive (justice);\nif an authorised mental health service is responsible for the person—the administrator of the service;\nif the forensic disability service is responsible for the person—the administrator of the service.\nAs soon as practicable after receiving a notice under subsection (1) , the chief executive (justice) must give each of the following a copy of the notice—\nthe registrar of the court in which the proceeding for the offence has been brought;\nthe prosecuting authority for the offence;\nif the person is a minor—the chief executive (youth justice).\nThe registrar of the court in which the proceeding for the offence has been brought must arrange for the charge for the offence to be brought before the court within 7 days after receiving a copy of the notice under subsection (2) or, if the court can not be constituted in that period, at the earliest opportunity after the end of the period.\ns 619 amd 2016 No. 58 s 10 sch 1\n(sec.619-ssec.1) As soon as practicable after the ending of the suspension of a proceeding under section 616 , the chief psychiatrist must give each of the following written notice of the ending of the suspension— the person; the person’s lawyer, if any; the chief executive (justice); if an authorised mental health service is responsible for the person—the administrator of the service; if the forensic disability service is responsible for the person—the administrator of the service.\n(sec.619-ssec.2) As soon as practicable after receiving a notice under subsection (1) , the chief executive (justice) must give each of the following a copy of the notice— the registrar of the court in which the proceeding for the offence has been brought; the prosecuting authority for the offence; if the person is a minor—the chief executive (youth justice).\n(sec.619-ssec.3) The registrar of the court in which the proceeding for the offence has been brought must arrange for the charge for the offence to be brought before the court within 7 days after receiving a copy of the notice under subsection (2) or, if the court can not be constituted in that period, at the earliest opportunity after the end of the period.\n- (a) the person;\n- (b) the person’s lawyer, if any;\n- (c) the chief executive (justice);\n- (d) if an authorised mental health service is responsible for the person—the administrator of the service;\n- (e) if the forensic disability service is responsible for the person—the administrator of the service.\n- (a) the registrar of the court in which the proceeding for the offence has been brought;\n- (b) the prosecuting authority for the offence;\n- (c) if the person is a minor—the chief executive (youth justice).","sortOrder":829},{"sectionNumber":"sec.620","sectionType":"section","heading":"Effect on powers relating to bail, discontinuance of proceedings and other matters","content":"### sec.620 Effect on powers relating to bail, discontinuance of proceedings and other matters\n\nThe suspension, under this part, of a proceeding against a person for an offence does not prevent—\na court making an order granting the person bail, or enlarging, varying or revoking bail granted to the person, under the Bail Act 1980 ; or\na court remanding the person in custody in relation to the proceeding for the offence; or\na court adjourning the proceeding against the person for the offence until a stated date; or\nthe prosecution of the person for the offence being discontinued at any time; or\nthe presentation of an indictment under the Criminal Code , section 590 for the person.\n- (a) a court making an order granting the person bail, or enlarging, varying or revoking bail granted to the person, under the Bail Act 1980 ; or\n- (b) a court remanding the person in custody in relation to the proceeding for the offence; or\n- (c) a court adjourning the proceeding against the person for the offence until a stated date; or\n- (d) the prosecution of the person for the offence being discontinued at any time; or\n- (e) the presentation of an indictment under the Criminal Code , section 590 for the person.","sortOrder":830},{"sectionNumber":"ch.15-pt.3","sectionType":"part","heading":"Offences relating to patients","content":"# Offences relating to patients","sortOrder":831},{"sectionNumber":"sec.621","sectionType":"section","heading":"Offence relating to ill-treatment","content":"### sec.621 Offence relating to ill-treatment\n\nThis section applies to a person who, under this Act—\nis assessing, examining, providing treatment and care to, or detaining, a person (the patient ); or\nis responsible for the detention of a person (also the patient ).\nThe person must not ill-treat the patient.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\nill-treat includes to wilfully abuse, neglect or exploit.\n(sec.621-ssec.1) This section applies to a person who, under this Act— is assessing, examining, providing treatment and care to, or detaining, a person (the patient ); or is responsible for the detention of a person (also the patient ).\n(sec.621-ssec.2) The person must not ill-treat the patient. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.621-ssec.3) In this section— ill-treat includes to wilfully abuse, neglect or exploit.\n- (a) is assessing, examining, providing treatment and care to, or detaining, a person (the patient ); or\n- (b) is responsible for the detention of a person (also the patient ).","sortOrder":832},{"sectionNumber":"sec.622","sectionType":"section","heading":"Offences relating to patients absconding","content":"### sec.622 Offences relating to patients absconding\n\nThis section applies if a person is—\ntransporting a person (the patient ) under this Act—\nto an authorised mental health service; or\nto the forensic disability service; or\nto appear before a court; or\nto a place of custody; or\naccompanying a classified patient, forensic patient or person subject to a judicial order (also the patient ) while the patient is receiving limited community treatment or on a temporary absence under section 221 .\nFor this section, while the person is acting as mentioned in subsection (1) , the patient is in the person’s charge.\nThe person must not wilfully allow the patient to abscond from the person’s charge.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not knowingly help the patient to abscond from the person’s charge.\nMaximum penalty—200 penalty units or 2 years imprisonment.\n(sec.622-ssec.1) This section applies if a person is— transporting a person (the patient ) under this Act— to an authorised mental health service; or to the forensic disability service; or to appear before a court; or to a place of custody; or accompanying a classified patient, forensic patient or person subject to a judicial order (also the patient ) while the patient is receiving limited community treatment or on a temporary absence under section 221 .\n(sec.622-ssec.2) For this section, while the person is acting as mentioned in subsection (1) , the patient is in the person’s charge.\n(sec.622-ssec.3) The person must not wilfully allow the patient to abscond from the person’s charge. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.622-ssec.4) A person must not knowingly help the patient to abscond from the person’s charge. Maximum penalty—200 penalty units or 2 years imprisonment.\n- (a) transporting a person (the patient ) under this Act— (i) to an authorised mental health service; or (ii) to the forensic disability service; or (iii) to appear before a court; or (iv) to a place of custody; or\n- (i) to an authorised mental health service; or\n- (ii) to the forensic disability service; or\n- (iii) to appear before a court; or\n- (iv) to a place of custody; or\n- (b) accompanying a classified patient, forensic patient or person subject to a judicial order (also the patient ) while the patient is receiving limited community treatment or on a temporary absence under section 221 .\n- (i) to an authorised mental health service; or\n- (ii) to the forensic disability service; or\n- (iii) to appear before a court; or\n- (iv) to a place of custody; or","sortOrder":833},{"sectionNumber":"sec.623","sectionType":"section","heading":"Offences relating to patients unlawfully absent","content":"### sec.623 Offences relating to patients unlawfully absent\n\nA person must not—\ninduce, or knowingly help, a patient of an authorised mental health service or public sector health service facility to unlawfully absent himself or herself from the service or facility; or\nknowingly harbour a patient who is unlawfully absent from an authorised mental health service or public sector health service facility.\nMaximum penalty—\nfor a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or\notherwise—200 penalty units.\nWithout limiting subsection (1) (b) , a patient mentioned in section 622 (1) is unlawfully absent from an authorised mental health service or public sector health service facility if the patient has absconded from the charge of a person mentioned in section 622 (2) .\nA person employed in an authorised mental health service or public sector health service facility must not wilfully allow a patient detained in the service or facility to unlawfully absent himself or herself from the service or facility.\nMaximum penalty—\nfor a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or\notherwise—200 penalty units.\nIn this section—\nunlawfully means without authority under this Act or other legal authority, justification or excuse.\n(sec.623-ssec.1) A person must not— induce, or knowingly help, a patient of an authorised mental health service or public sector health service facility to unlawfully absent himself or herself from the service or facility; or knowingly harbour a patient who is unlawfully absent from an authorised mental health service or public sector health service facility. Maximum penalty— for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or otherwise—200 penalty units.\n(sec.623-ssec.2) Without limiting subsection (1) (b) , a patient mentioned in section 622 (1) is unlawfully absent from an authorised mental health service or public sector health service facility if the patient has absconded from the charge of a person mentioned in section 622 (2) .\n(sec.623-ssec.3) A person employed in an authorised mental health service or public sector health service facility must not wilfully allow a patient detained in the service or facility to unlawfully absent himself or herself from the service or facility. Maximum penalty— for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or otherwise—200 penalty units.\n(sec.623-ssec.4) In this section— unlawfully means without authority under this Act or other legal authority, justification or excuse.\n- (a) induce, or knowingly help, a patient of an authorised mental health service or public sector health service facility to unlawfully absent himself or herself from the service or facility; or\n- (b) knowingly harbour a patient who is unlawfully absent from an authorised mental health service or public sector health service facility.\n- (a) for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or\n- (b) otherwise—200 penalty units.\n- (a) for a classified patient, forensic patient or a person subject to a judicial order—200 penalty units or 2 years imprisonment; or\n- (b) otherwise—200 penalty units.","sortOrder":834},{"sectionNumber":"ch.15-pt.4","sectionType":"part","heading":"Offences relating to officials","content":"# Offences relating to officials","sortOrder":835},{"sectionNumber":"sec.624","sectionType":"section","heading":"Definition for pt 4","content":"### sec.624 Definition for pt 4\n\nIn this part—\nofficial means the following persons—\nthe chief psychiatrist;\nthe administrator of an authorised mental health service;\nan authorised person other than a police officer;\nan inspector.\n- (a) the chief psychiatrist;\n- (b) the administrator of an authorised mental health service;\n- (c) an authorised person other than a police officer;\n- (d) an inspector.","sortOrder":836},{"sectionNumber":"sec.625","sectionType":"section","heading":"Obstructing official","content":"### sec.625 Obstructing official\n\nA person must not obstruct an official exercising a power, or someone helping an official exercising a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an official, or someone helping an official, and the official decides to proceed with the exercise of the power, the official must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe official considers the person’s conduct an obstruction.\nHowever, a person who is a patient does not commit an offence against subsection (1) merely because the person resists the exercise of the power in relation to himself or herself.\nIn this section—\nobstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n(sec.625-ssec.1) A person must not obstruct an official exercising a power, or someone helping an official exercising a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.625-ssec.2) If a person has obstructed an official, or someone helping an official, and the official decides to proceed with the exercise of the power, the official must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the official considers the person’s conduct an obstruction.\n(sec.625-ssec.3) However, a person who is a patient does not commit an offence against subsection (1) merely because the person resists the exercise of the power in relation to himself or herself.\n(sec.625-ssec.4) In this section— obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the official considers the person’s conduct an obstruction.","sortOrder":837},{"sectionNumber":"sec.626","sectionType":"section","heading":"Impersonating official","content":"### sec.626 Impersonating official\n\nA person must not impersonate an official.\nMaximum penalty—100 penalty units.","sortOrder":838},{"sectionNumber":"sec.627","sectionType":"section","heading":"Giving official false or misleading information","content":"### sec.627 Giving official false or misleading information\n\nA person must not, in relation to the administration of this Act, give an official information, or a document containing information, that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.\n(sec.627-ssec.1) A person must not, in relation to the administration of this Act, give an official information, or a document containing information, that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.627-ssec.2) Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.","sortOrder":839},{"sectionNumber":"ch.15-pt.5","sectionType":"part","heading":"Detention and use of reasonable force","content":"# Detention and use of reasonable force","sortOrder":840},{"sectionNumber":"sec.628","sectionType":"section","heading":"Classified patient (voluntary) may be detained","content":"### sec.628 Classified patient (voluntary) may be detained\n\nA classified patient (voluntary) may be detained in an authorised mental health service for treatment and care for the person’s mental illness.","sortOrder":841},{"sectionNumber":"sec.629","sectionType":"section","heading":"Detention of person in authorised mental health service with use of reasonable force","content":"### sec.629 Detention of person in authorised mental health service with use of reasonable force\n\nThis section applies if, under a provision of this Act, a person is required or permitted to be detained in an authorised mental health service.\nThe administrator of the authorised mental health service, and anyone lawfully helping the administrator, may exercise the power to detain the person in the service with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.629-ssec.1) This section applies if, under a provision of this Act, a person is required or permitted to be detained in an authorised mental health service.\n(sec.629-ssec.2) The administrator of the authorised mental health service, and anyone lawfully helping the administrator, may exercise the power to detain the person in the service with the help, and using the force, that is necessary and reasonable in the circumstances.","sortOrder":842},{"sectionNumber":"sec.630","sectionType":"section","heading":"Detention of person in public sector health service facility with use of reasonable force","content":"### sec.630 Detention of person in public sector health service facility with use of reasonable force\n\nThis section applies if, under a provision of this Act, a person is required or permitted to be detained in a public sector health service facility.\nThe person in charge of the public sector health service facility, and anyone lawfully helping the person in charge, may exercise the power to detain the person in the public sector health service facility with the help, and using the force, that is necessary and reasonable in the circumstances.\ns 630 amd 2017 No. 3 s 44\n(sec.630-ssec.1) This section applies if, under a provision of this Act, a person is required or permitted to be detained in a public sector health service facility.\n(sec.630-ssec.2) The person in charge of the public sector health service facility, and anyone lawfully helping the person in charge, may exercise the power to detain the person in the public sector health service facility with the help, and using the force, that is necessary and reasonable in the circumstances.","sortOrder":843},{"sectionNumber":"sec.631","sectionType":"section","heading":"Examination or assessment of involuntary patient without consent and with use of reasonable force","content":"### sec.631 Examination or assessment of involuntary patient without consent and with use of reasonable force\n\nThis section applies to an involuntary patient.\nSubject to this Act, an examination or assessment of the patient may be made under this Act without the consent of the patient or anyone else.\nA person lawfully making, or lawfully helping to make, an examination or assessment of the patient in an authorised mental health service or public sector health service facility may use the force that is necessary and reasonable in the circumstances to make, or help make, the examination or assessment.\nSee section 33 for the use of force in relation to a person subject to an examination authority.\nSee the Guardianship and Administration Act 2000 , sections 63 and 75 for carrying out urgent health care and the use of force to carry out health care authorised under that Act.\n(sec.631-ssec.1) This section applies to an involuntary patient.\n(sec.631-ssec.2) Subject to this Act, an examination or assessment of the patient may be made under this Act without the consent of the patient or anyone else.\n(sec.631-ssec.3) A person lawfully making, or lawfully helping to make, an examination or assessment of the patient in an authorised mental health service or public sector health service facility may use the force that is necessary and reasonable in the circumstances to make, or help make, the examination or assessment. See section 33 for the use of force in relation to a person subject to an examination authority. See the Guardianship and Administration Act 2000 , sections 63 and 75 for carrying out urgent health care and the use of force to carry out health care authorised under that Act.\n- 1 See section 33 for the use of force in relation to a person subject to an examination authority.\n- 2 See the Guardianship and Administration Act 2000 , sections 63 and 75 for carrying out urgent health care and the use of force to carry out health care authorised under that Act.","sortOrder":844},{"sectionNumber":"sec.632","sectionType":"section","heading":"Treatment and care of patient without consent and with use of reasonable force","content":"### sec.632 Treatment and care of patient without consent and with use of reasonable force\n\nThis section applies to the following (each a patient )—\nan involuntary patient subject to a treatment authority, forensic order or treatment support order;\na person from another State detained in an authorised mental health service under section 368 (3) (b) .\nSubject to this Act, treatment and care for the patient’s mental condition may be provided to the patient under this Act without the consent of the patient or anyone else.\nA person lawfully providing, or lawfully helping to provide, treatment and care to the patient in an authorised mental health service or public sector health service facility may use the force that is necessary and reasonable in the circumstances to provide, or help provide, the treatment and care.\nTo remove any doubt, it is declared that this section does not authorise the provision of treatment and care to an involuntary patient that is inconsistent with this Act.\na doctor performing electroconvulsive therapy on a person other than under section 236 or 237 .\ns 632 amd 2022 No. 1 s 117 s ch 1 pt 2\n(sec.632-ssec.1) This section applies to the following (each a patient )— an involuntary patient subject to a treatment authority, forensic order or treatment support order; a person from another State detained in an authorised mental health service under section 368 (3) (b) .\n(sec.632-ssec.2) Subject to this Act, treatment and care for the patient’s mental condition may be provided to the patient under this Act without the consent of the patient or anyone else.\n(sec.632-ssec.3) A person lawfully providing, or lawfully helping to provide, treatment and care to the patient in an authorised mental health service or public sector health service facility may use the force that is necessary and reasonable in the circumstances to provide, or help provide, the treatment and care.\n(sec.632-ssec.4) To remove any doubt, it is declared that this section does not authorise the provision of treatment and care to an involuntary patient that is inconsistent with this Act. a doctor performing electroconvulsive therapy on a person other than under section 236 or 237 .\n- (a) an involuntary patient subject to a treatment authority, forensic order or treatment support order;\n- (b) a person from another State detained in an authorised mental health service under section 368 (3) (b) .","sortOrder":845},{"sectionNumber":"sec.633","sectionType":"section","heading":"Relationship with use of physical restraint","content":"### sec.633 Relationship with use of physical restraint\n\nThis part is subject to section 270 .","sortOrder":846},{"sectionNumber":"ch.15-pt.6","sectionType":"part","heading":"Evidence and legal proceedings","content":"# Evidence and legal proceedings","sortOrder":847},{"sectionNumber":"sec.634","sectionType":"section","heading":"Evidentiary aids","content":"### sec.634 Evidentiary aids\n\nThis section applies to a proceeding under this Act.\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe chief psychiatrist’s appointment;\nan appointment of the administrator of an authorised mental health service;\nan authorised doctor’s appointment;\nan authorised mental health practitioner’s appointment;\nan appointment under section 341 of a health practitioner to perform particular functions;\nan inspector’s appointment;\nan authorised person’s appointment;\nthe authority of any of the following persons to do anything under this Act—\nthe Minister;\nthe chief psychiatrist;\nthe administrator of an authorised mental health service;\nan authorised doctor;\nan authorised mental health practitioner;\na health practitioner appointed under section 341 to perform particular functions;\nan inspector;\nan authorised person.\nA signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be—\nthe Minister;\nthe chief psychiatrist;\nthe president;\nthe administrator of an authorised mental health service;\nan authorised doctor;\nan authorised mental health practitioner;\na health practitioner appointed under section 341 to perform particular functions;\nan inspector;\nan authorised person.\nA certificate purporting to be signed by the chief psychiatrist and stating any of the following matters is evidence of the matter—\na stated document is a copy of a document made, given or issued under this Act, including, for example, an authority, order, notice, declaration, direction or decision;\non a stated day, or during a stated period, a stated person was or was not an involuntary patient, a stated type of involuntary patient or a classified patient (voluntary);\na stated place is, or was on a stated day or during a stated period, an authorised mental health service or stated type of authorised mental health service;\non a stated day, a stated person was given or issued a stated document under this Act, including, for example, an authority, order, notice, declaration, direction or decision;\non a stated day, a stated requirement was made of a stated person;\na stated document is a copy of a part of a register kept under this Act.\nA document purporting to be signed by a member or the executive officer of the tribunal and to be an order or decision, or copy of an order or decision, of the tribunal, is evidence of the order or decision.\n(sec.634-ssec.1) This section applies to a proceeding under this Act.\n(sec.634-ssec.2) The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it— the chief psychiatrist’s appointment; an appointment of the administrator of an authorised mental health service; an authorised doctor’s appointment; an authorised mental health practitioner’s appointment; an appointment under section 341 of a health practitioner to perform particular functions; an inspector’s appointment; an authorised person’s appointment; the authority of any of the following persons to do anything under this Act— the Minister; the chief psychiatrist; the administrator of an authorised mental health service; an authorised doctor; an authorised mental health practitioner; a health practitioner appointed under section 341 to perform particular functions; an inspector; an authorised person.\n(sec.634-ssec.3) A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be— the Minister; the chief psychiatrist; the president; the administrator of an authorised mental health service; an authorised doctor; an authorised mental health practitioner; a health practitioner appointed under section 341 to perform particular functions; an inspector; an authorised person.\n(sec.634-ssec.4) A certificate purporting to be signed by the chief psychiatrist and stating any of the following matters is evidence of the matter— a stated document is a copy of a document made, given or issued under this Act, including, for example, an authority, order, notice, declaration, direction or decision; on a stated day, or during a stated period, a stated person was or was not an involuntary patient, a stated type of involuntary patient or a classified patient (voluntary); a stated place is, or was on a stated day or during a stated period, an authorised mental health service or stated type of authorised mental health service; on a stated day, a stated person was given or issued a stated document under this Act, including, for example, an authority, order, notice, declaration, direction or decision; on a stated day, a stated requirement was made of a stated person; a stated document is a copy of a part of a register kept under this Act.\n(sec.634-ssec.5) A document purporting to be signed by a member or the executive officer of the tribunal and to be an order or decision, or copy of an order or decision, of the tribunal, is evidence of the order or decision.\n- (a) the chief psychiatrist’s appointment;\n- (b) an appointment of the administrator of an authorised mental health service;\n- (c) an authorised doctor’s appointment;\n- (d) an authorised mental health practitioner’s appointment;\n- (e) an appointment under section 341 of a health practitioner to perform particular functions;\n- (f) an inspector’s appointment;\n- (g) an authorised person’s appointment;\n- (h) the authority of any of the following persons to do anything under this Act— (i) the Minister; (ii) the chief psychiatrist; (iii) the administrator of an authorised mental health service; (iv) an authorised doctor; (v) an authorised mental health practitioner; (vi) a health practitioner appointed under section 341 to perform particular functions; (vii) an inspector; (viii) an authorised person.\n- (i) the Minister;\n- (ii) the chief psychiatrist;\n- (iii) the administrator of an authorised mental health service;\n- (iv) an authorised doctor;\n- (v) an authorised mental health practitioner;\n- (vi) a health practitioner appointed under section 341 to perform particular functions;\n- (vii) an inspector;\n- (viii) an authorised person.\n- (i) the Minister;\n- (ii) the chief psychiatrist;\n- (iii) the administrator of an authorised mental health service;\n- (iv) an authorised doctor;\n- (v) an authorised mental health practitioner;\n- (vi) a health practitioner appointed under section 341 to perform particular functions;\n- (vii) an inspector;\n- (viii) an authorised person.\n- (a) the Minister;\n- (b) the chief psychiatrist;\n- (c) the president;\n- (d) the administrator of an authorised mental health service;\n- (e) an authorised doctor;\n- (f) an authorised mental health practitioner;\n- (g) a health practitioner appointed under section 341 to perform particular functions;\n- (h) an inspector;\n- (i) an authorised person.\n- (a) a stated document is a copy of a document made, given or issued under this Act, including, for example, an authority, order, notice, declaration, direction or decision;\n- (b) on a stated day, or during a stated period, a stated person was or was not an involuntary patient, a stated type of involuntary patient or a classified patient (voluntary);\n- (c) a stated place is, or was on a stated day or during a stated period, an authorised mental health service or stated type of authorised mental health service;\n- (d) on a stated day, a stated person was given or issued a stated document under this Act, including, for example, an authority, order, notice, declaration, direction or decision;\n- (e) on a stated day, a stated requirement was made of a stated person;\n- (f) a stated document is a copy of a part of a register kept under this Act.","sortOrder":848},{"sectionNumber":"sec.635","sectionType":"section","heading":"Proceedings for offences","content":"### sec.635 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 within the later of—\n1 year after the offence is committed; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.635-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.635-ssec.2) The proceeding must start within the later of— 1 year after the offence is committed; or 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) 1 year after the offence is committed; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":849},{"sectionNumber":"ch.16-pt.1","sectionType":"part","heading":"Mental Health Court","content":"# Mental Health Court","sortOrder":850},{"sectionNumber":"ch.16-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":851},{"sectionNumber":"sec.636","sectionType":"section","heading":"Purpose of pt 1","content":"### sec.636 Purpose of pt 1\n\nThe purpose of this part is to provide for the following—\nthe continuation of the Mental Health Court, as formerly established under the repealed Mental Health Act 2000 ;\nthe constitution, jurisdiction and powers of the court;\nprocedural provisions for proceedings of the court;\nthe review of the detention of particular persons in an authorised mental health service or the forensic disability service.\n- (a) the continuation of the Mental Health Court, as formerly established under the repealed Mental Health Act 2000 ;\n- (b) the constitution, jurisdiction and powers of the court;\n- (c) procedural provisions for proceedings of the court;\n- (d) the review of the detention of particular persons in an authorised mental health service or the forensic disability service.","sortOrder":852},{"sectionNumber":"ch.16-pt.1-div.2","sectionType":"division","heading":"Continuation, constitution, jurisdiction and powers","content":"## Continuation, constitution, jurisdiction and powers","sortOrder":853},{"sectionNumber":"sec.637","sectionType":"section","heading":"Continuation of Mental Health Court","content":"### sec.637 Continuation of Mental Health Court\n\nThe Mental Health Court, as formerly established as a superior court of record by the repealed Mental Health Act 2000 , section 381 is continued in existence.\nThe court has a seal that must be judicially noticed.\nThe court consists of the president and other members of the court.\n(sec.637-ssec.1) The Mental Health Court, as formerly established as a superior court of record by the repealed Mental Health Act 2000 , section 381 is continued in existence.\n(sec.637-ssec.2) The court has a seal that must be judicially noticed.\n(sec.637-ssec.3) The court consists of the president and other members of the court.","sortOrder":854},{"sectionNumber":"sec.638","sectionType":"section","heading":"Constitution","content":"### sec.638 Constitution\n\nThe Mental Health Court is constituted by a member of the court sitting alone.\nIn exercising jurisdiction under this Act, the court must be assisted by 1 or 2 assisting clinicians.\nHowever, subsection (2) does not apply to—\na directions hearing; or\na hearing that is only about a question of law.\nIf the court is assisted by 2 assisting clinicians for a hearing, the assisting clinicians must be—\nfor a hearing other than a hearing relating to a person who has an intellectual disability—2 psychiatrists; or\nfor a hearing relating to a person who has an intellectual disability—\n2 psychiatrists; or\n1 psychiatrist and 1 person with expertise in the care of persons who have an intellectual disability.\nIf the court is assisted by 1 assisting clinician for a hearing, the assisting clinician must be—\nfor a hearing other than a hearing relating to a person who has an intellectual disability—1 psychiatrist; or\nfor a hearing relating to a person who has an intellectual disability—\n1 psychiatrist; or\n1 person with expertise in the care of persons who have an intellectual disability.\nThe president must decide, for a hearing other than a hearing mentioned in subsection (3) —\nwhether the court is to be assisted by 1 or 2 assisting clinicians, and the assisting clinicians who are to assist the court; or\nif a hearing is adjourned under subsection (7) —whether the court is to be assisted by a second assisting clinician and, if so, the second assisting clinician who is to assist the court.\nIf the court is assisted by 1 assisting clinician and the member constituting the court considers, because of the nature of the evidence or issues arising in the proceeding, that it would be beneficial for the court to be assisted by 2 assisting clinicians, the member may adjourn the hearing—\nif the member is the president—to decide the second assisting clinician for the hearing; or\notherwise—to allow the president to decide whether the court should be assisted for the hearing by a second assisting clinician.\n(sec.638-ssec.1) The Mental Health Court is constituted by a member of the court sitting alone.\n(sec.638-ssec.2) In exercising jurisdiction under this Act, the court must be assisted by 1 or 2 assisting clinicians.\n(sec.638-ssec.3) However, subsection (2) does not apply to— a directions hearing; or a hearing that is only about a question of law.\n(sec.638-ssec.4) If the court is assisted by 2 assisting clinicians for a hearing, the assisting clinicians must be— for a hearing other than a hearing relating to a person who has an intellectual disability—2 psychiatrists; or for a hearing relating to a person who has an intellectual disability— 2 psychiatrists; or 1 psychiatrist and 1 person with expertise in the care of persons who have an intellectual disability.\n(sec.638-ssec.5) If the court is assisted by 1 assisting clinician for a hearing, the assisting clinician must be— for a hearing other than a hearing relating to a person who has an intellectual disability—1 psychiatrist; or for a hearing relating to a person who has an intellectual disability— 1 psychiatrist; or 1 person with expertise in the care of persons who have an intellectual disability.\n(sec.638-ssec.6) The president must decide, for a hearing other than a hearing mentioned in subsection (3) — whether the court is to be assisted by 1 or 2 assisting clinicians, and the assisting clinicians who are to assist the court; or if a hearing is adjourned under subsection (7) —whether the court is to be assisted by a second assisting clinician and, if so, the second assisting clinician who is to assist the court.\n(sec.638-ssec.7) If the court is assisted by 1 assisting clinician and the member constituting the court considers, because of the nature of the evidence or issues arising in the proceeding, that it would be beneficial for the court to be assisted by 2 assisting clinicians, the member may adjourn the hearing— if the member is the president—to decide the second assisting clinician for the hearing; or otherwise—to allow the president to decide whether the court should be assisted for the hearing by a second assisting clinician.\n- (a) a directions hearing; or\n- (b) a hearing that is only about a question of law.\n- (a) for a hearing other than a hearing relating to a person who has an intellectual disability—2 psychiatrists; or\n- (b) for a hearing relating to a person who has an intellectual disability— (i) 2 psychiatrists; or (ii) 1 psychiatrist and 1 person with expertise in the care of persons who have an intellectual disability.\n- (i) 2 psychiatrists; or\n- (ii) 1 psychiatrist and 1 person with expertise in the care of persons who have an intellectual disability.\n- (i) 2 psychiatrists; or\n- (ii) 1 psychiatrist and 1 person with expertise in the care of persons who have an intellectual disability.\n- (a) for a hearing other than a hearing relating to a person who has an intellectual disability—1 psychiatrist; or\n- (b) for a hearing relating to a person who has an intellectual disability— (i) 1 psychiatrist; or (ii) 1 person with expertise in the care of persons who have an intellectual disability.\n- (i) 1 psychiatrist; or\n- (ii) 1 person with expertise in the care of persons who have an intellectual disability.\n- (i) 1 psychiatrist; or\n- (ii) 1 person with expertise in the care of persons who have an intellectual disability.\n- (a) whether the court is to be assisted by 1 or 2 assisting clinicians, and the assisting clinicians who are to assist the court; or\n- (b) if a hearing is adjourned under subsection (7) —whether the court is to be assisted by a second assisting clinician and, if so, the second assisting clinician who is to assist the court.\n- (a) if the member is the president—to decide the second assisting clinician for the hearing; or\n- (b) otherwise—to allow the president to decide whether the court should be assisted for the hearing by a second assisting clinician.","sortOrder":855},{"sectionNumber":"sec.639","sectionType":"section","heading":"Jurisdiction","content":"### sec.639 Jurisdiction\n\nThe Mental Health Court has jurisdiction to hear and decide—\nreferences under chapter 5 ; and\nappeals under chapter 13 , part 3 ; and\nreviews under division 9 of the detention of persons in authorised mental health services or the forensic disability service.\nIn exercising its jurisdiction, the court—\nmust inquire into the matter before it; and\nmay inform itself in relation to the matter before it in any way it considers appropriate.\nThe court’s jurisdiction is not limited, by implication, by a provision of this or another Act.\nA member of the court retains all of the member’s jurisdiction as a Supreme Court judge.\n(sec.639-ssec.1) The Mental Health Court has jurisdiction to hear and decide— references under chapter 5 ; and appeals under chapter 13 , part 3 ; and reviews under division 9 of the detention of persons in authorised mental health services or the forensic disability service.\n(sec.639-ssec.2) In exercising its jurisdiction, the court— must inquire into the matter before it; and may inform itself in relation to the matter before it in any way it considers appropriate.\n(sec.639-ssec.3) The court’s jurisdiction is not limited, by implication, by a provision of this or another Act.\n(sec.639-ssec.4) A member of the court retains all of the member’s jurisdiction as a Supreme Court judge.\n- (a) references under chapter 5 ; and\n- (b) appeals under chapter 13 , part 3 ; and\n- (c) reviews under division 9 of the detention of persons in authorised mental health services or the forensic disability service.\n- (a) must inquire into the matter before it; and\n- (b) may inform itself in relation to the matter before it in any way it considers appropriate.","sortOrder":856},{"sectionNumber":"sec.640","sectionType":"section","heading":"Powers","content":"### sec.640 Powers\n\nWithout limiting the powers conferred on it under this or another Act, the Mental Health Court may do all things necessary or convenient to be done for the exercise of its jurisdiction.","sortOrder":857},{"sectionNumber":"ch.16-pt.1-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":858},{"sectionNumber":"sec.641","sectionType":"section","heading":"Appointment of members","content":"### sec.641 Appointment of members\n\nThe Governor in Council may, by commission, appoint a Supreme Court judge to be a member of the Mental Health Court.\nThe judge is appointed for the term, of not more than 3 years, stated in the commission.\n(sec.641-ssec.1) The Governor in Council may, by commission, appoint a Supreme Court judge to be a member of the Mental Health Court.\n(sec.641-ssec.2) The judge is appointed for the term, of not more than 3 years, stated in the commission.","sortOrder":859},{"sectionNumber":"sec.642","sectionType":"section","heading":"Appointment does not affect judge’s tenure of office","content":"### sec.642 Appointment does not affect judge’s tenure of office\n\nThe appointment of, or service by, the judge as a member of the Mental Health Court does not affect—\nthe person’s tenure of office as a judge; or\nthe person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of the person’s office as a judge.\nThe person’s service as a member of the court is taken to be service as a Supreme Court judge for all purposes.\n(sec.642-ssec.1) The appointment of, or service by, the judge as a member of the Mental Health Court does not affect— the person’s tenure of office as a judge; or the person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of the person’s office as a judge.\n(sec.642-ssec.2) The person’s service as a member of the court is taken to be service as a Supreme Court judge for all purposes.\n- (a) the person’s tenure of office as a judge; or\n- (b) the person’s rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of the person’s office as a judge.","sortOrder":860},{"sectionNumber":"sec.643","sectionType":"section","heading":"Resignation of office","content":"### sec.643 Resignation of office\n\nThe judge may resign as a member of the Mental Health Court by signed notice of resignation given to—\nif the judge is the Chief Justice—the Governor; or\notherwise—the Chief Justice.\nThe notice takes effect when it is given under subsection (1) or, if a later time is stated in the notice, at the later time.\n(sec.643-ssec.1) The judge may resign as a member of the Mental Health Court by signed notice of resignation given to— if the judge is the Chief Justice—the Governor; or otherwise—the Chief Justice.\n(sec.643-ssec.2) The notice takes effect when it is given under subsection (1) or, if a later time is stated in the notice, at the later time.\n- (a) if the judge is the Chief Justice—the Governor; or\n- (b) otherwise—the Chief Justice.","sortOrder":861},{"sectionNumber":"sec.644","sectionType":"section","heading":"When member’s office ends","content":"### sec.644 When member’s office ends\n\nThe judge holds office as a member of the Mental Health Court until the earlier of the following days—\nthe day the person’s appointment as a member of the court ends;\nif the person resigns as a member of the court—the day the notice of resignation takes effect under section 643 ;\nthe day the person ceases to be a Supreme Court judge.\nHowever, if the judge ceases to hold office as a member of the court while hearing a matter, the Governor in Council may, without reappointing the person as a member of the court, continue the person in office for the time necessary to enable the hearing to be completed.\nThe person continued in office may exercise the jurisdiction and powers of the court that are necessary or convenient for the hearing to be completed.\n(sec.644-ssec.1) The judge holds office as a member of the Mental Health Court until the earlier of the following days— the day the person’s appointment as a member of the court ends; if the person resigns as a member of the court—the day the notice of resignation takes effect under section 643 ; the day the person ceases to be a Supreme Court judge.\n(sec.644-ssec.2) However, if the judge ceases to hold office as a member of the court while hearing a matter, the Governor in Council may, without reappointing the person as a member of the court, continue the person in office for the time necessary to enable the hearing to be completed.\n(sec.644-ssec.3) The person continued in office may exercise the jurisdiction and powers of the court that are necessary or convenient for the hearing to be completed.\n- (a) the day the person’s appointment as a member of the court ends;\n- (b) if the person resigns as a member of the court—the day the notice of resignation takes effect under section 643 ;\n- (c) the day the person ceases to be a Supreme Court judge.","sortOrder":862},{"sectionNumber":"ch.16-pt.1-div.4","sectionType":"division","heading":"President","content":"## President","sortOrder":863},{"sectionNumber":"sec.645","sectionType":"section","heading":"Appointment of president","content":"### sec.645 Appointment of president\n\nThe Governor in Council is to appoint a member of the Mental Health Court to be the president.\nA person may be appointed as the president at the same time the person is appointed as a member of the court.\n(sec.645-ssec.1) The Governor in Council is to appoint a member of the Mental Health Court to be the president.\n(sec.645-ssec.2) A person may be appointed as the president at the same time the person is appointed as a member of the court.","sortOrder":864},{"sectionNumber":"sec.646","sectionType":"section","heading":"Arrangement of business","content":"### sec.646 Arrangement of business\n\nThe president is responsible for the administration of the Mental Health Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court.\nThe president has power to do all things necessary or convenient to be done for the administration of the court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court.\n(sec.646-ssec.1) The president is responsible for the administration of the Mental Health Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court.\n(sec.646-ssec.2) The president has power to do all things necessary or convenient to be done for the administration of the court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the court.","sortOrder":865},{"sectionNumber":"sec.647","sectionType":"section","heading":"President holds office while member of court","content":"### sec.647 President holds office while member of court\n\nThe president holds office as the president while he or she is a member of the Mental Health Court.","sortOrder":866},{"sectionNumber":"sec.648","sectionType":"section","heading":"Delegation of particular powers","content":"### sec.648 Delegation of particular powers\n\nThe president may delegate, to another member of the Mental Health Court, the president’s powers under section 638 (6) .","sortOrder":867},{"sectionNumber":"sec.649","sectionType":"section","heading":"Resignation of office","content":"### sec.649 Resignation of office\n\nThe president may resign as president by signed notice of resignation given to—\nif the president is the Chief Justice—the Governor; or\notherwise—the Chief Justice.\nThe notice takes effect when it is given under subsection (1) or, if a later time is stated in the notice, at the later time.\nResignation as the president does not affect the person’s membership of the Mental Health Court.\n(sec.649-ssec.1) The president may resign as president by signed notice of resignation given to— if the president is the Chief Justice—the Governor; or otherwise—the Chief Justice.\n(sec.649-ssec.2) The notice takes effect when it is given under subsection (1) or, if a later time is stated in the notice, at the later time.\n(sec.649-ssec.3) Resignation as the president does not affect the person’s membership of the Mental Health Court.\n- (a) if the president is the Chief Justice—the Governor; or\n- (b) otherwise—the Chief Justice.","sortOrder":868},{"sectionNumber":"sec.650","sectionType":"section","heading":"Appointment of acting president","content":"### sec.650 Appointment of acting president\n\nThe Governor in Council may appoint a member of the Mental Health Court to act as the president—\nfor any period the office is vacant; or\nfor any period, or all periods, when the president is absent from duty or from Queensland or, for another reason, can not perform the duties of the office.\n- (a) for any period the office is vacant; or\n- (b) for any period, or all periods, when the president is absent from duty or from Queensland or, for another reason, can not perform the duties of the office.","sortOrder":869},{"sectionNumber":"ch.16-pt.1-div.5","sectionType":"division","heading":"Assisting clinicians","content":"## Assisting clinicians","sortOrder":870},{"sectionNumber":"sec.651","sectionType":"section","heading":"Functions","content":"### sec.651 Functions\n\nThe functions of an assisting clinician are to—\nexamine material received for a hearing to identify matters requiring further examination and to make recommendations to the Mental Health Court about the matters; and\nmake recommendations about the making of court examination orders under section 668 ; and\nassist the court by advising it—\non the meaning and significance of clinical evidence; and\nabout clinical issues relating to the treatment, care and detention of persons under this Act; and\nassisting the court and the registry by advising them about matters relating to the hearing of proceedings or the administration of the court.\nHowever, an assisting clinician’s functions are limited to matters within the clinician’s professional expertise.\n(sec.651-ssec.1) The functions of an assisting clinician are to— examine material received for a hearing to identify matters requiring further examination and to make recommendations to the Mental Health Court about the matters; and make recommendations about the making of court examination orders under section 668 ; and assist the court by advising it— on the meaning and significance of clinical evidence; and about clinical issues relating to the treatment, care and detention of persons under this Act; and assisting the court and the registry by advising them about matters relating to the hearing of proceedings or the administration of the court.\n(sec.651-ssec.2) However, an assisting clinician’s functions are limited to matters within the clinician’s professional expertise.\n- (a) examine material received for a hearing to identify matters requiring further examination and to make recommendations to the Mental Health Court about the matters; and\n- (b) make recommendations about the making of court examination orders under section 668 ; and\n- (c) assist the court by advising it— (i) on the meaning and significance of clinical evidence; and (ii) about clinical issues relating to the treatment, care and detention of persons under this Act; and\n- (i) on the meaning and significance of clinical evidence; and\n- (ii) about clinical issues relating to the treatment, care and detention of persons under this Act; and\n- (d) assisting the court and the registry by advising them about matters relating to the hearing of proceedings or the administration of the court.\n- (i) on the meaning and significance of clinical evidence; and\n- (ii) about clinical issues relating to the treatment, care and detention of persons under this Act; and","sortOrder":871},{"sectionNumber":"sec.652","sectionType":"section","heading":"Appointment","content":"### sec.652 Appointment\n\nThe Governor in Council may, on the recommendation of the Minister, appoint a following person (an assisting clinician ) by gazette notice to assist the Mental Health Court—\na psychiatrist;\na person with expertise in the care of persons who have an intellectual disability.\nIn recommending a person for appointment as an assisting clinician, the Minister must be satisfied the person has the qualifications and experience necessary to perform an assisting clinician’s functions.\nAn assisting clinician holds office for the term, of not more than 3 years, stated in the gazette notice.\nAn assisting clinician is to be appointed under this Act and not under the Public Sector Act 2022 .\ns 652 amd 2022 No. 34 s 365 sch 3\n(sec.652-ssec.1) The Governor in Council may, on the recommendation of the Minister, appoint a following person (an assisting clinician ) by gazette notice to assist the Mental Health Court— a psychiatrist; a person with expertise in the care of persons who have an intellectual disability.\n(sec.652-ssec.2) In recommending a person for appointment as an assisting clinician, the Minister must be satisfied the person has the qualifications and experience necessary to perform an assisting clinician’s functions.\n(sec.652-ssec.3) An assisting clinician holds office for the term, of not more than 3 years, stated in the gazette notice.\n(sec.652-ssec.4) An assisting clinician is to be appointed under this Act and not under the Public Sector Act 2022 .\n- (a) a psychiatrist;\n- (b) a person with expertise in the care of persons who have an intellectual disability.","sortOrder":872},{"sectionNumber":"sec.653","sectionType":"section","heading":"Conditions of appointment","content":"### sec.653 Conditions of appointment\n\nAn assisting clinician is entitled to be paid the remuneration and allowances decided by the Governor in Council.\nAn assisting clinician holds office on the terms and conditions, not provided for under this Act, decided by the Governor in Council.\n(sec.653-ssec.1) An assisting clinician is entitled to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.653-ssec.2) An assisting clinician holds office on the terms and conditions, not provided for under this Act, decided by the Governor in Council.","sortOrder":873},{"sectionNumber":"sec.654","sectionType":"section","heading":"Resignation","content":"### sec.654 Resignation\n\nAn assisting clinician may resign by signed notice given to the Minister.","sortOrder":874},{"sectionNumber":"sec.655","sectionType":"section","heading":"Termination of appointment","content":"### sec.655 Termination of appointment\n\nThe Governor in Council may terminate the appointment of an assisting clinician if the Governor in Council is satisfied the assisting clinician—\nhas become incapable of performing the assisting clinician’s duties; or\nhas performed the assisting clinician’s duties carelessly, incompetently or inefficiently; or\nhas been guilty of misconduct that could warrant dismissal from the public service if the assisting clinician were a public service officer.\nThe Governor in Council must terminate the appointment of an assisting clinician if the assisting clinician—\nno longer has the qualifications or experience necessary to perform an assisting clinician’s functions; or\na psychiatrist stops holding specialist registration in the specialty of psychiatry under the Health Practitioner Regulation National Law\nis convicted of an indictable offence.\n(sec.655-ssec.1) The Governor in Council may terminate the appointment of an assisting clinician if the Governor in Council is satisfied the assisting clinician— has become incapable of performing the assisting clinician’s duties; or has performed the assisting clinician’s duties carelessly, incompetently or inefficiently; or has been guilty of misconduct that could warrant dismissal from the public service if the assisting clinician were a public service officer.\n(sec.655-ssec.2) The Governor in Council must terminate the appointment of an assisting clinician if the assisting clinician— no longer has the qualifications or experience necessary to perform an assisting clinician’s functions; or a psychiatrist stops holding specialist registration in the specialty of psychiatry under the Health Practitioner Regulation National Law is convicted of an indictable offence.\n- (a) has become incapable of performing the assisting clinician’s duties; or\n- (b) has performed the assisting clinician’s duties carelessly, incompetently or inefficiently; or\n- (c) has been guilty of misconduct that could warrant dismissal from the public service if the assisting clinician were a public service officer.\n- (a) no longer has the qualifications or experience necessary to perform an assisting clinician’s functions; or Example— a psychiatrist stops holding specialist registration in the specialty of psychiatry under the Health Practitioner Regulation National Law\n- (b) is convicted of an indictable offence.","sortOrder":875},{"sectionNumber":"ch.16-pt.1-div.6","sectionType":"division","heading":"Mental Health Court Registry and registrar","content":"## Mental Health Court Registry and registrar","sortOrder":876},{"sectionNumber":"sec.656","sectionType":"section","heading":"Mental Health Court Registry","content":"### sec.656 Mental Health Court Registry\n\nThere is a Mental Health Court Registry.\nThe registry consists of—\nthe registrar; and\nthe other staff necessary for the Mental Health Court to exercise its jurisdiction.\nThe registrar and other staff are to be employed under the Public Sector Act 2022 .\ns 656 amd 2022 No. 34 s 365 sch 3\n(sec.656-ssec.1) There is a Mental Health Court Registry.\n(sec.656-ssec.2) The registry consists of— the registrar; and the other staff necessary for the Mental Health Court to exercise its jurisdiction.\n(sec.656-ssec.3) The registrar and other staff are to be employed under the Public Sector Act 2022 .\n- (a) the registrar; and\n- (b) the other staff necessary for the Mental Health Court to exercise its jurisdiction.","sortOrder":877},{"sectionNumber":"sec.657","sectionType":"section","heading":"Registry’s functions","content":"### sec.657 Registry’s functions\n\nThe registry has the following functions—\nto act as the registry for the Mental Health Court;\nto provide administrative support to the court;\nany other functions conferred on the registry under this Act.\n- (a) to act as the registry for the Mental Health Court;\n- (b) to provide administrative support to the court;\n- (c) any other functions conferred on the registry under this Act.","sortOrder":878},{"sectionNumber":"sec.658","sectionType":"section","heading":"Registrar’s functions","content":"### sec.658 Registrar’s functions\n\nThe registrar administers the registry and has the functions conferred on the registrar under this or another Act.","sortOrder":879},{"sectionNumber":"sec.659","sectionType":"section","heading":"Registrar’s powers—general","content":"### sec.659 Registrar’s powers—general\n\nThe registrar has the power to do all things necessary or convenient to be done to perform the registrar’s functions.\nIn performing a function or exercising a power, the registrar must comply with a direction relating to the performance or exercise given by—\na member of the Mental Health Court for a proceeding being heard by the member; or\nthe president.\n(sec.659-ssec.1) The registrar has the power to do all things necessary or convenient to be done to perform the registrar’s functions.\n(sec.659-ssec.2) In performing a function or exercising a power, the registrar must comply with a direction relating to the performance or exercise given by— a member of the Mental Health Court for a proceeding being heard by the member; or the president.\n- (a) a member of the Mental Health Court for a proceeding being heard by the member; or\n- (b) the president.","sortOrder":880},{"sectionNumber":"sec.660","sectionType":"section","heading":"Registrar’s power to issue subpoena","content":"### sec.660 Registrar’s power to issue subpoena\n\nFor the Mental Health Court exercising its jurisdiction, the registrar may issue a subpoena requiring the person to whom the subpoena is directed—\nto produce a stated or described document; or\nto attend before the court to give evidence.\nThe subpoena may be issued—\non the registrar’s own initiative; or\nat the direction of the court; or\nat the request of a party to a proceeding.\nThe person to whom the subpoena is directed must comply with the subpoena.\nFailure to comply with the subpoena without lawful excuse is contempt of court and a person who fails to comply may be dealt with for contempt of court.\n(sec.660-ssec.1) For the Mental Health Court exercising its jurisdiction, the registrar may issue a subpoena requiring the person to whom the subpoena is directed— to produce a stated or described document; or to attend before the court to give evidence.\n(sec.660-ssec.2) The subpoena may be issued— on the registrar’s own initiative; or at the direction of the court; or at the request of a party to a proceeding.\n(sec.660-ssec.3) The person to whom the subpoena is directed must comply with the subpoena.\n(sec.660-ssec.4) Failure to comply with the subpoena without lawful excuse is contempt of court and a person who fails to comply may be dealt with for contempt of court.\n- (a) to produce a stated or described document; or\n- (b) to attend before the court to give evidence.\n- (a) on the registrar’s own initiative; or\n- (b) at the direction of the court; or\n- (c) at the request of a party to a proceeding.","sortOrder":881},{"sectionNumber":"sec.661","sectionType":"section","heading":"Registrar’s power to require administrator to produce document","content":"### sec.661 Registrar’s power to require administrator to produce document\n\nFor the Mental Health Court exercising its jurisdiction, the registrar may require the administrator of an authorised mental health service or of the forensic disability service to give the registrar a stated or described document.\nThe requirement must be made by written notice given to the administrator.\nThe administrator must comply with the notice despite an obligation under an Act or law not to give the document or disclose information in the document.\n(sec.661-ssec.1) For the Mental Health Court exercising its jurisdiction, the registrar may require the administrator of an authorised mental health service or of the forensic disability service to give the registrar a stated or described document.\n(sec.661-ssec.2) The requirement must be made by written notice given to the administrator.\n(sec.661-ssec.3) The administrator must comply with the notice despite an obligation under an Act or law not to give the document or disclose information in the document.","sortOrder":882},{"sectionNumber":"sec.662","sectionType":"section","heading":"Registrar’s power to require person to be brought before Mental Health Court","content":"### sec.662 Registrar’s power to require person to be brought before Mental Health Court\n\nFor the Mental Health Court exercising its jurisdiction, the registrar may—\nrequire the administrator of an authorised mental health service or of the forensic disability service to bring a person for whom the service is responsible before the court at a stated time and place; or\nrequire the custodian of a person in lawful custody to bring the person before the court at a stated time and place.\nThe requirement must be made by written notice given to the administrator or custodian.\nThe administrator or custodian must comply with the notice.\nFor subsection (1) , an authorised person may—\ntransport the person from the authorised mental health service or forensic disability service to appear before the court; and\non the adjournment of the hearing, transport the person from the court to the authorised mental health service or forensic disability service.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.662-ssec.1) For the Mental Health Court exercising its jurisdiction, the registrar may— require the administrator of an authorised mental health service or of the forensic disability service to bring a person for whom the service is responsible before the court at a stated time and place; or require the custodian of a person in lawful custody to bring the person before the court at a stated time and place.\n(sec.662-ssec.2) The requirement must be made by written notice given to the administrator or custodian.\n(sec.662-ssec.3) The administrator or custodian must comply with the notice.\n(sec.662-ssec.4) For subsection (1) , an authorised person may— transport the person from the authorised mental health service or forensic disability service to appear before the court; and on the adjournment of the hearing, transport the person from the court to the authorised mental health service or forensic disability service. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (a) require the administrator of an authorised mental health service or of the forensic disability service to bring a person for whom the service is responsible before the court at a stated time and place; or\n- (b) require the custodian of a person in lawful custody to bring the person before the court at a stated time and place.\n- (a) transport the person from the authorised mental health service or forensic disability service to appear before the court; and\n- (b) on the adjournment of the hearing, transport the person from the court to the authorised mental health service or forensic disability service.","sortOrder":883},{"sectionNumber":"sec.663","sectionType":"section","heading":"Registrar’s power to require prosecuting authority to give particular documents","content":"### sec.663 Registrar’s power to require prosecuting authority to give particular documents\n\nFor the Mental Health Court exercising its jurisdiction for a reference in relation to a person, the registrar may require the prosecuting authority for the offence to give the registrar—\na written report about the criminal history of the person; or\na brief of evidence in relation to the offence.\nThe requirement must be made by written notice given to the prosecuting authority.\nThe prosecuting authority must comply with the notice.\nSubsection (1) applies to the criminal history in the possession of the prosecuting authority or to which the prosecuting authority has access.\n(sec.663-ssec.1) For the Mental Health Court exercising its jurisdiction for a reference in relation to a person, the registrar may require the prosecuting authority for the offence to give the registrar— a written report about the criminal history of the person; or a brief of evidence in relation to the offence.\n(sec.663-ssec.2) The requirement must be made by written notice given to the prosecuting authority.\n(sec.663-ssec.3) The prosecuting authority must comply with the notice.\n(sec.663-ssec.4) Subsection (1) applies to the criminal history in the possession of the prosecuting authority or to which the prosecuting authority has access.\n- (a) a written report about the criminal history of the person; or\n- (b) a brief of evidence in relation to the offence.","sortOrder":884},{"sectionNumber":"sec.664","sectionType":"section","heading":"Delegation by registrar","content":"### sec.664 Delegation by registrar\n\nThe registrar may delegate a function of the registrar under this or another Act to an appropriately qualified member of the staff of the registry.\nIn this section—\nfunction includes a power.\n(sec.664-ssec.1) The registrar may delegate a function of the registrar under this or another Act to an appropriately qualified member of the staff of the registry.\n(sec.664-ssec.2) In this section— function includes a power.","sortOrder":885},{"sectionNumber":"ch.16-pt.1-div.7","sectionType":"division","heading":"Protection and immunities","content":"## Protection and immunities","sortOrder":886},{"sectionNumber":"sec.665","sectionType":"section","heading":"Contempt of court","content":"### sec.665 Contempt of court\n\nThe Mental Health Court has all the protection, powers, jurisdiction and authority the Supreme Court has for a contempt of court.\nThe court must comply with the provisions of the Uniform Civil Procedure Rules 1999 relating to contempt of court, with necessary changes.\nThe registrar may apply to the court for an order that a person be committed to prison for contempt of court.\nThe court’s jurisdiction to punish a contempt of court may be exercised on the initiative of a member of the court.\nThe court has jurisdiction to punish an act or omission as a contempt of court, even if a penalty is prescribed for the act or omission.\n(sec.665-ssec.1) The Mental Health Court has all the protection, powers, jurisdiction and authority the Supreme Court has for a contempt of court.\n(sec.665-ssec.2) The court must comply with the provisions of the Uniform Civil Procedure Rules 1999 relating to contempt of court, with necessary changes.\n(sec.665-ssec.3) The registrar may apply to the court for an order that a person be committed to prison for contempt of court.\n(sec.665-ssec.4) The court’s jurisdiction to punish a contempt of court may be exercised on the initiative of a member of the court.\n(sec.665-ssec.5) The court has jurisdiction to punish an act or omission as a contempt of court, even if a penalty is prescribed for the act or omission.","sortOrder":887},{"sectionNumber":"sec.666","sectionType":"section","heading":"Conduct that is contempt and offence","content":"### sec.666 Conduct that is contempt and offence\n\nIf conduct of a person is both contempt of the Mental Health Court and an offence, the person may be proceeded against for the contempt or for the offence.\nHowever, the person is not liable to be punished twice for the same conduct.\n(sec.666-ssec.1) If conduct of a person is both contempt of the Mental Health Court and an offence, the person may be proceeded against for the contempt or for the offence.\n(sec.666-ssec.2) However, the person is not liable to be punished twice for the same conduct.","sortOrder":888},{"sectionNumber":"sec.667","sectionType":"section","heading":"Protection and immunity for member of Mental Health Court and assisting clinician","content":"### sec.667 Protection and immunity for member of Mental Health Court and assisting clinician\n\nA member of the Mental Health Court has, in the exercise of jurisdiction under this Act, the same protection and immunity as a Supreme Court judge has in the performance of a judge’s functions.\nAn assisting clinician has, in the performance of the assisting clinician’s functions under this Act, the same protection and immunity as a Supreme Court judge has in the performance of a judge’s functions.\n(sec.667-ssec.1) A member of the Mental Health Court has, in the exercise of jurisdiction under this Act, the same protection and immunity as a Supreme Court judge has in the performance of a judge’s functions.\n(sec.667-ssec.2) An assisting clinician has, in the performance of the assisting clinician’s functions under this Act, the same protection and immunity as a Supreme Court judge has in the performance of a judge’s functions.","sortOrder":889},{"sectionNumber":"ch.16-pt.1-div.8","sectionType":"division","heading":"Court examination orders","content":"## Court examination orders","sortOrder":890},{"sectionNumber":"sec.668","sectionType":"section","heading":"Making of court examination order","content":"### sec.668 Making of court examination order\n\nThe Mental Health Court may make an order (a court examination order ) requiring the person the subject of a proceeding before the court to submit to an examination by a stated examining practitioner.\nA court examination order is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\nThe court examination order must—\nbe in the approved form; and\nstate the matters on which the examining practitioner must report to the court.\nThe examining practitioner must give a written report on the examination to the court.\n(sec.668-ssec.1) The Mental Health Court may make an order (a court examination order ) requiring the person the subject of a proceeding before the court to submit to an examination by a stated examining practitioner. A court examination order is a type of judicial order. A judicial order does not authorise the provision of involuntary treatment and care to the person.\n(sec.668-ssec.2) The court examination order must— be in the approved form; and state the matters on which the examining practitioner must report to the court.\n(sec.668-ssec.3) The examining practitioner must give a written report on the examination to the court.\n- (a) be in the approved form; and\n- (b) state the matters on which the examining practitioner must report to the court.","sortOrder":891},{"sectionNumber":"sec.669","sectionType":"section","heading":"Recommendation or request for court examination order on reference","content":"### sec.669 Recommendation or request for court examination order on reference\n\nThis section applies if, for a proceeding for a reference in relation to a person, an assisting clinician recommends, or the director of public prosecutions asks, that the Mental Health Court make a court examination order for the person.\nThe registrar must give the parties to the proceeding written notice of the recommendation or request.\nThe notice must state that the parties may make written submissions on the recommendation or request within the reasonable time stated in the notice.\nThe registrar must give the court—\nthe recommendation or request; and\nany submission made by a party on it.\nThe director of public prosecutions must pay the costs of an examination requested by the director of public prosecutions.\n(sec.669-ssec.1) This section applies if, for a proceeding for a reference in relation to a person, an assisting clinician recommends, or the director of public prosecutions asks, that the Mental Health Court make a court examination order for the person.\n(sec.669-ssec.2) The registrar must give the parties to the proceeding written notice of the recommendation or request.\n(sec.669-ssec.3) The notice must state that the parties may make written submissions on the recommendation or request within the reasonable time stated in the notice.\n(sec.669-ssec.4) The registrar must give the court— the recommendation or request; and any submission made by a party on it.\n(sec.669-ssec.5) The director of public prosecutions must pay the costs of an examination requested by the director of public prosecutions.\n- (a) the recommendation or request; and\n- (b) any submission made by a party on it.","sortOrder":892},{"sectionNumber":"sec.670","sectionType":"section","heading":"Transport, detention and examination of person under court examination order","content":"### sec.670 Transport, detention and examination of person under court examination order\n\nThis section applies if the Mental Health Court makes a court examination order for a person the subject of a proceeding before the court.\nFor examining the person, the order may authorise an authorised person to transport the person to an inpatient unit of a stated authorised mental health service.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nHowever, the court may make an order under subsection (2) only if the court is satisfied there is no other reasonably practicable way to ensure a thorough examination of the person’s mental condition.\nThe person may be detained in the authorised mental health service for the examination for—\nif the order states a period of more than 3 days—the stated period; or\notherwise—not more than 3 days.\nThe examining practitioner may examine the person without the consent of the person or anyone else.\nAlso, the examining practitioner, or anyone lawfully helping the examining practitioner, may use the force that is necessary and reasonable in the circumstances to examine the person.\n(sec.670-ssec.1) This section applies if the Mental Health Court makes a court examination order for a person the subject of a proceeding before the court.\n(sec.670-ssec.2) For examining the person, the order may authorise an authorised person to transport the person to an inpatient unit of a stated authorised mental health service. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.670-ssec.3) However, the court may make an order under subsection (2) only if the court is satisfied there is no other reasonably practicable way to ensure a thorough examination of the person’s mental condition.\n(sec.670-ssec.4) The person may be detained in the authorised mental health service for the examination for— if the order states a period of more than 3 days—the stated period; or otherwise—not more than 3 days.\n(sec.670-ssec.5) The examining practitioner may examine the person without the consent of the person or anyone else.\n(sec.670-ssec.6) Also, the examining practitioner, or anyone lawfully helping the examining practitioner, may use the force that is necessary and reasonable in the circumstances to examine the person.\n- (a) if the order states a period of more than 3 days—the stated period; or\n- (b) otherwise—not more than 3 days.","sortOrder":893},{"sectionNumber":"sec.671","sectionType":"section","heading":"What happens at end of examination","content":"### sec.671 What happens at end of examination\n\nThis section applies after the end of the time allowed for the person’s examination or on the earlier completion of the person’s examination.\nIf the person was taken from lawful custody for the examination, an authorised person may transport the person from the authorised mental health service to the person’s place of custody.\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\nIf the person was not taken from another authorised mental health service or the forensic disability service, or from lawful custody, for the examination, the administrator of the authorised mental health service in which the person is detained must ensure arrangements are made for the person to be transported to—\nthe place from which the person was taken for the examination; or\nanother place to which the person reasonably asks to be taken.\nThe person may be detained in the authorised mental health service until the person is transported, under subsection (2) , from the service.\nSubsections (2) and (3) do not apply if the person is, or becomes—\nan involuntary patient who may be detained in an authorised mental health service or the forensic disability service; or\na classified patient (voluntary).\n(sec.671-ssec.1) This section applies after the end of the time allowed for the person’s examination or on the earlier completion of the person’s examination.\n(sec.671-ssec.2) If the person was taken from lawful custody for the examination, an authorised person may transport the person from the authorised mental health service to the person’s place of custody. For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n(sec.671-ssec.3) If the person was not taken from another authorised mental health service or the forensic disability service, or from lawful custody, for the examination, the administrator of the authorised mental health service in which the person is detained must ensure arrangements are made for the person to be transported to— the place from which the person was taken for the examination; or another place to which the person reasonably asks to be taken.\n(sec.671-ssec.4) The person may be detained in the authorised mental health service until the person is transported, under subsection (2) , from the service.\n(sec.671-ssec.5) Subsections (2) and (3) do not apply if the person is, or becomes— an involuntary patient who may be detained in an authorised mental health service or the forensic disability service; or a classified patient (voluntary).\n- (a) the place from which the person was taken for the examination; or\n- (b) another place to which the person reasonably asks to be taken.\n- (a) an involuntary patient who may be detained in an authorised mental health service or the forensic disability service; or\n- (b) a classified patient (voluntary).","sortOrder":894},{"sectionNumber":"ch.16-pt.1-div.9","sectionType":"division","heading":"Reviews of detention in authorised mental health service or forensic disability service","content":"## Reviews of detention in authorised mental health service or forensic disability service","sortOrder":895},{"sectionNumber":"sec.672","sectionType":"section","heading":"Definitions for div 9","content":"### sec.672 Definitions for div 9\n\nIn this division—\nappointed person see section 677 .\nrelevant service means—\nan authorised mental health service; or\nthe forensic disability service.\n- (a) an authorised mental health service; or\n- (b) the forensic disability service.","sortOrder":896},{"sectionNumber":"sec.673","sectionType":"section","heading":"Power to review detention","content":"### sec.673 Power to review detention\n\nThe Mental Health Court may, on application by a prescribed person or on its own initiative, review a person’s detention in a relevant service to decide whether the person’s detention is lawful.\nHowever, subsection (1) does not apply if the person’s detention in the relevant service has been ordered by the Mental Health Court.\nAn application for review must—\nbe in the approved form; and\nstate the grounds on which it is made.\nIn this section—\nprescribed person means the following—\na person who is detained in a relevant service;\nan interested person for the person mentioned in paragraph (a) ;\nthe Attorney-General.\n(sec.673-ssec.1) The Mental Health Court may, on application by a prescribed person or on its own initiative, review a person’s detention in a relevant service to decide whether the person’s detention is lawful.\n(sec.673-ssec.2) However, subsection (1) does not apply if the person’s detention in the relevant service has been ordered by the Mental Health Court.\n(sec.673-ssec.3) An application for review must— be in the approved form; and state the grounds on which it is made.\n(sec.673-ssec.4) In this section— prescribed person means the following— a person who is detained in a relevant service; an interested person for the person mentioned in paragraph (a) ; the Attorney-General.\n- (a) be in the approved form; and\n- (b) state the grounds on which it is made.\n- (a) a person who is detained in a relevant service;\n- (b) an interested person for the person mentioned in paragraph (a) ;\n- (c) the Attorney-General.","sortOrder":897},{"sectionNumber":"sec.674","sectionType":"section","heading":"Notice of hearing","content":"### sec.674 Notice of hearing\n\nThe registrar must give each of the following persons written notice of the hearing of a review of a person’s detention in a relevant service—\nthe person who is detained in the relevant service;\nif the person is not the applicant—the applicant;\nthe administrator of the relevant service;\nif the relevant service is an authorised mental health service—the chief psychiatrist;\nif the relevant service is the forensic disability service—the director of forensic disability;\nthe Attorney-General.\nThe notice must be given at least 7 days before the hearing.\nThe notice must state the following—\nthe time and place of the hearing;\nthe nature of the hearing;\nthe person’s rights at the hearing.\n(sec.674-ssec.1) The registrar must give each of the following persons written notice of the hearing of a review of a person’s detention in a relevant service— the person who is detained in the relevant service; if the person is not the applicant—the applicant; the administrator of the relevant service; if the relevant service is an authorised mental health service—the chief psychiatrist; if the relevant service is the forensic disability service—the director of forensic disability; the Attorney-General.\n(sec.674-ssec.2) The notice must be given at least 7 days before the hearing.\n(sec.674-ssec.3) The notice must state the following— the time and place of the hearing; the nature of the hearing; the person’s rights at the hearing.\n- (a) the person who is detained in the relevant service;\n- (b) if the person is not the applicant—the applicant;\n- (c) the administrator of the relevant service;\n- (d) if the relevant service is an authorised mental health service—the chief psychiatrist;\n- (e) if the relevant service is the forensic disability service—the director of forensic disability;\n- (f) the Attorney-General.\n- (a) the time and place of the hearing;\n- (b) the nature of the hearing;\n- (c) the person’s rights at the hearing.","sortOrder":898},{"sectionNumber":"sec.675","sectionType":"section","heading":"Parties to proceeding","content":"### sec.675 Parties to proceeding\n\nThe parties to the proceeding for the review are—\nthe person who is detained in the relevant service; and\nif the person is not the applicant—the applicant; and\nif the relevant service is an authorised mental health service—the chief psychiatrist; and\nif the relevant service is the forensic disability service—the director of forensic disability.\nAlso, the Attorney-General may elect to be a party to the proceeding.\nAn election under subsection (2) must be made by filing a notice in the registry.\n(sec.675-ssec.1) The parties to the proceeding for the review are— the person who is detained in the relevant service; and if the person is not the applicant—the applicant; and if the relevant service is an authorised mental health service—the chief psychiatrist; and if the relevant service is the forensic disability service—the director of forensic disability.\n(sec.675-ssec.2) Also, the Attorney-General may elect to be a party to the proceeding.\n(sec.675-ssec.3) An election under subsection (2) must be made by filing a notice in the registry.\n- (a) the person who is detained in the relevant service; and\n- (b) if the person is not the applicant—the applicant; and\n- (c) if the relevant service is an authorised mental health service—the chief psychiatrist; and\n- (d) if the relevant service is the forensic disability service—the director of forensic disability.","sortOrder":899},{"sectionNumber":"sec.676","sectionType":"section","heading":"Consideration of application","content":"### sec.676 Consideration of application\n\nThe Mental Health Court must consider the application as soon as practicable after it is made.\nThe court may refuse the application if the court is satisfied the application—\nmay more properly be dealt with by the tribunal on a review under chapter 12 ; or\nis frivolous or vexatious.\n(sec.676-ssec.1) The Mental Health Court must consider the application as soon as practicable after it is made.\n(sec.676-ssec.2) The court may refuse the application if the court is satisfied the application— may more properly be dealt with by the tribunal on a review under chapter 12 ; or is frivolous or vexatious.\n- (a) may more properly be dealt with by the tribunal on a review under chapter 12 ; or\n- (b) is frivolous or vexatious.","sortOrder":900},{"sectionNumber":"sec.677","sectionType":"section","heading":"Appointment of person to inquire into detention","content":"### sec.677 Appointment of person to inquire into detention\n\nFor reviewing a person’s detention in a relevant service, the Mental Health Court may, by order, direct a stated person (the appointed person ) to inquire into, and report to the court on, the person’s detention in the service.","sortOrder":901},{"sectionNumber":"sec.678","sectionType":"section","heading":"Administrator to ensure help given to appointed person","content":"### sec.678 Administrator to ensure help given to appointed person\n\nThe administrator of the relevant service must ensure the appointed person is given reasonable help to carry out the inquiry.","sortOrder":902},{"sectionNumber":"sec.679","sectionType":"section","heading":"General powers of appointed person","content":"### sec.679 General powers of appointed person\n\nFor carrying out the inquiry, the appointed person may exercise 1 or more of the following powers—\nenter the relevant service;\nexamine the person who is detained in the relevant service;\nsearch any part of the relevant service;\ninspect, examine, test, measure, photograph or film any part of the relevant service or any documents or other thing in the service;\ntake extracts from, or make copies of, any documents in the relevant service;\ntake into the relevant service any persons, equipment and materials the appointed person reasonably requires for exercising powers in relation to the service.\nThe appointed person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.\n(sec.679-ssec.1) For carrying out the inquiry, the appointed person may exercise 1 or more of the following powers— enter the relevant service; examine the person who is detained in the relevant service; search any part of the relevant service; inspect, examine, test, measure, photograph or film any part of the relevant service or any documents or other thing in the service; take extracts from, or make copies of, any documents in the relevant service; take into the relevant service any persons, equipment and materials the appointed person reasonably requires for exercising powers in relation to the service.\n(sec.679-ssec.2) The appointed person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.\n- (a) enter the relevant service;\n- (b) examine the person who is detained in the relevant service;\n- (c) search any part of the relevant service;\n- (d) inspect, examine, test, measure, photograph or film any part of the relevant service or any documents or other thing in the service;\n- (e) take extracts from, or make copies of, any documents in the relevant service;\n- (f) take into the relevant service any persons, equipment and materials the appointed person reasonably requires for exercising powers in relation to the service.","sortOrder":903},{"sectionNumber":"sec.680","sectionType":"section","heading":"Appointed person’s power to ask questions","content":"### sec.680 Appointed person’s power to ask questions\n\nThe appointed person may require another person to answer a question about the person’s detention.\nWhen making the requirement, the appointed person must warn the other person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for the person to fail to answer the question if complying with the requirement might tend to incriminate the person.\nThe person does not commit an offence against subsection (3) if the information sought by the appointed person is not in fact relevant to the person’s detention.\n(sec.680-ssec.1) The appointed person may require another person to answer a question about the person’s detention.\n(sec.680-ssec.2) When making the requirement, the appointed person must warn the other person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.680-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.680-ssec.4) It is a reasonable excuse for the person to fail to answer the question if complying with the requirement might tend to incriminate the person.\n(sec.680-ssec.5) The person does not commit an offence against subsection (3) if the information sought by the appointed person is not in fact relevant to the person’s detention.","sortOrder":904},{"sectionNumber":"sec.681","sectionType":"section","heading":"Mental Health Court may direct person’s discharge","content":"### sec.681 Mental Health Court may direct person’s discharge\n\nThis section applies if, after considering the evidence before it, including any report prepared by the appointed person, the Mental Health Court is satisfied the person’s detention in the relevant service is unlawful.\nThe court must, by order, direct that the person be immediately discharged from the relevant service.\nThe administrator of the relevant service must ensure the order is complied with.\n(sec.681-ssec.1) This section applies if, after considering the evidence before it, including any report prepared by the appointed person, the Mental Health Court is satisfied the person’s detention in the relevant service is unlawful.\n(sec.681-ssec.2) The court must, by order, direct that the person be immediately discharged from the relevant service.\n(sec.681-ssec.3) The administrator of the relevant service must ensure the order is complied with.","sortOrder":905},{"sectionNumber":"sec.682","sectionType":"section","heading":"Other remedies not affected","content":"### sec.682 Other remedies not affected\n\nThis division does not limit any other remedy available to the person.","sortOrder":906},{"sectionNumber":"ch.16-pt.1-div.10","sectionType":"division","heading":"Procedural provisions","content":"## Procedural provisions","sortOrder":907},{"sectionNumber":"sec.683","sectionType":"section","heading":"General right of appearance and representation","content":"### sec.683 General right of appearance and representation\n\nA party to a proceeding in the Mental Health Court may—\nappear in person at the hearing of the proceeding; or\nbe represented at the hearing by—\na lawyer; or\nwith the leave of the court, a person who is not a lawyer.\n- (a) appear in person at the hearing of the proceeding; or\n- (b) be represented at the hearing by— (i) a lawyer; or (ii) with the leave of the court, a person who is not a lawyer.\n- (i) a lawyer; or\n- (ii) with the leave of the court, a person who is not a lawyer.\n- (i) a lawyer; or\n- (ii) with the leave of the court, a person who is not a lawyer.","sortOrder":908},{"sectionNumber":"sec.684","sectionType":"section","heading":"Evidence","content":"### sec.684 Evidence\n\nIn conducting a proceeding, the Mental Health Court is not bound by the rules of evidence unless the court decides it is in the interests of justice that it be bound for the proceeding or a part of the proceeding.\nThe court may make the decision on application by a party to the proceeding or on its own initiative.\n(sec.684-ssec.1) In conducting a proceeding, the Mental Health Court is not bound by the rules of evidence unless the court decides it is in the interests of justice that it be bound for the proceeding or a part of the proceeding.\n(sec.684-ssec.2) The court may make the decision on application by a party to the proceeding or on its own initiative.","sortOrder":909},{"sectionNumber":"sec.685","sectionType":"section","heading":"Proof of matters","content":"### sec.685 Proof of matters\n\nNo party to a proceeding bears the onus of proof of any matter in the proceeding.\nA matter to be decided by the Mental Health Court must be decided on the balance of probabilities.\n(sec.685-ssec.1) No party to a proceeding bears the onus of proof of any matter in the proceeding.\n(sec.685-ssec.2) A matter to be decided by the Mental Health Court must be decided on the balance of probabilities.","sortOrder":910},{"sectionNumber":"sec.686","sectionType":"section","heading":"Directions","content":"### sec.686 Directions\n\nThe Mental Health Court may give directions about the hearing of a proceeding.\nSee also the Evidence Act 1977 , part 3A . The stated purposes of the part include the facilitation of the giving and receiving of evidence, and the making and receiving of submissions, in Queensland court proceedings by audio visual link or audio link.","sortOrder":911},{"sectionNumber":"sec.687","sectionType":"section","heading":"Assisting clinician’s advice before or during adjournment of hearing","content":"### sec.687 Assisting clinician’s advice before or during adjournment of hearing\n\nThis section applies to advice given by an assisting clinician to the Mental Health Court—\nbefore the hearing of a proceeding starts; or\nduring an adjournment of the hearing of a proceeding, other than an adjournment for the court to make its decision.\nDuring the hearing, the court must inform each party to the proceeding of the advice unless the party tells the court it does not require the information.\nHowever, this section does not apply to advice mentioned in section 651 (1) (d) that an assisting clinician gives the court.\n(sec.687-ssec.1) This section applies to advice given by an assisting clinician to the Mental Health Court— before the hearing of a proceeding starts; or during an adjournment of the hearing of a proceeding, other than an adjournment for the court to make its decision.\n(sec.687-ssec.2) During the hearing, the court must inform each party to the proceeding of the advice unless the party tells the court it does not require the information.\n(sec.687-ssec.3) However, this section does not apply to advice mentioned in section 651 (1) (d) that an assisting clinician gives the court.\n- (a) before the hearing of a proceeding starts; or\n- (b) during an adjournment of the hearing of a proceeding, other than an adjournment for the court to make its decision.","sortOrder":912},{"sectionNumber":"sec.688","sectionType":"section","heading":"Assisting clinician’s advice during hearing","content":"### sec.688 Assisting clinician’s advice during hearing\n\nAdvice given by an assisting clinician to the Mental Health Court during the hearing of a proceeding must be given in a way that can be heard by the parties to the proceeding.\nHowever, this section does not apply to advice mentioned in section 651 (1) (d) .\n(sec.688-ssec.1) Advice given by an assisting clinician to the Mental Health Court during the hearing of a proceeding must be given in a way that can be heard by the parties to the proceeding.\n(sec.688-ssec.2) However, this section does not apply to advice mentioned in section 651 (1) (d) .","sortOrder":913},{"sectionNumber":"sec.689","sectionType":"section","heading":"Particular advice of assisting clinician to be stated in reasons for decision","content":"### sec.689 Particular advice of assisting clinician to be stated in reasons for decision\n\nThis section applies if the Mental Health Court is satisfied advice given by an assisting clinician to the court materially contributed to the court’s decision in a proceeding.\nThe court must state the advice in the court’s reasons for its decision.\n(sec.689-ssec.1) This section applies if the Mental Health Court is satisfied advice given by an assisting clinician to the court materially contributed to the court’s decision in a proceeding.\n(sec.689-ssec.2) The court must state the advice in the court’s reasons for its decision.","sortOrder":914},{"sectionNumber":"sec.690","sectionType":"section","heading":"When court may conduct hearing in absence of person","content":"### sec.690 When court may conduct hearing in absence of person\n\nThe Mental Health Court may conduct the hearing of a proceeding in the absence of the person who is the subject of the proceeding only if the court is satisfied it is expedient and in the interests of justice to do so.","sortOrder":915},{"sectionNumber":"sec.691","sectionType":"section","heading":"Appointing assistant","content":"### sec.691 Appointing assistant\n\nThe Mental Health Court may appoint a person with appropriate knowledge or experience to assist it in a hearing, including, for example, a person with appropriate communication skills or appropriate cultural or social knowledge or experience.","sortOrder":916},{"sectionNumber":"sec.692","sectionType":"section","heading":"Court may sit and adjourn hearing","content":"### sec.692 Court may sit and adjourn hearing\n\nThe Mental Health Court may, subject to the court rules—\nsit at any time and in any place for the hearing of a proceeding; and\nadjourn the hearing of a proceeding to any time and place.\n- (a) sit at any time and in any place for the hearing of a proceeding; and\n- (b) adjourn the hearing of a proceeding to any time and place.","sortOrder":917},{"sectionNumber":"sec.693","sectionType":"section","heading":"Hearing of reference generally open to public","content":"### sec.693 Hearing of reference generally open to public\n\nThe hearing of a proceeding for a reference is open to the public unless the Mental Health Court, by order, directs that the hearing or part of the hearing not be open to the public.\nHowever, the court may make an order directing that the hearing or part of the hearing not be open to the public only if the court is satisfied it is in the interests of justice.\nThis section is subject to section 695 .\n(sec.693-ssec.1) The hearing of a proceeding for a reference is open to the public unless the Mental Health Court, by order, directs that the hearing or part of the hearing not be open to the public.\n(sec.693-ssec.2) However, the court may make an order directing that the hearing or part of the hearing not be open to the public only if the court is satisfied it is in the interests of justice.\n(sec.693-ssec.3) This section is subject to section 695 .","sortOrder":918},{"sectionNumber":"sec.694","sectionType":"section","heading":"Particular hearings not generally open to public","content":"### sec.694 Particular hearings not generally open to public\n\nThis section applies to the following proceedings—\nan appeal under chapter 13 to the Mental Health Court;\na review under division 9 of the detention of a person.\nThe hearing of the proceeding must not be open to the public unless the court, by order, directs that the hearing or part of the hearing be open to the public.\nHowever, the court may make an order directing that a hearing or part of a hearing be open to the public only if the court is satisfied—\nthe person the subject of the proceeding has agreed to the order; and\nthe order will not result in serious harm to the person’s health or risk the safety of anyone else.\nThis section is subject to section 695 .\n(sec.694-ssec.1) This section applies to the following proceedings— an appeal under chapter 13 to the Mental Health Court; a review under division 9 of the detention of a person.\n(sec.694-ssec.2) The hearing of the proceeding must not be open to the public unless the court, by order, directs that the hearing or part of the hearing be open to the public.\n(sec.694-ssec.3) However, the court may make an order directing that a hearing or part of a hearing be open to the public only if the court is satisfied— the person the subject of the proceeding has agreed to the order; and the order will not result in serious harm to the person’s health or risk the safety of anyone else.\n(sec.694-ssec.4) This section is subject to section 695 .\n- (a) an appeal under chapter 13 to the Mental Health Court;\n- (b) a review under division 9 of the detention of a person.\n- (a) the person the subject of the proceeding has agreed to the order; and\n- (b) the order will not result in serious harm to the person’s health or risk the safety of anyone else.","sortOrder":919},{"sectionNumber":"sec.695","sectionType":"section","heading":"Hearing about minor not open to public","content":"### sec.695 Hearing about minor not open to public\n\nThis section applies if a minor is the subject of a proceeding in the Mental Health Court.\nThe hearing of the proceeding is not open to the public.\nHowever, the court may permit a person to be present during the hearing if the court is satisfied it is in the interests of justice.\n(sec.695-ssec.1) This section applies if a minor is the subject of a proceeding in the Mental Health Court.\n(sec.695-ssec.2) The hearing of the proceeding is not open to the public.\n(sec.695-ssec.3) However, the court may permit a person to be present during the hearing if the court is satisfied it is in the interests of justice.","sortOrder":920},{"sectionNumber":"sec.696","sectionType":"section","heading":"Confidentiality order","content":"### sec.696 Confidentiality order\n\nIn a proceeding, the Mental Health Court may, by order (a confidentiality order ), prohibit or restrict the disclosure of any of the following to the person the subject of the proceeding—\ninformation given before it;\nmatters contained in documents filed with, or received by, it;\nthe reasons for its decision in the proceeding.\nHowever, the court may make a confidentiality order only if satisfied the disclosure would—\ncause serious harm to the health of the person; or\nput the safety of someone else at serious risk.\nIf the court makes a confidentiality order, the court must—\ndisclose to the person’s lawyer, or another representative of the person, the information or matters mentioned in subsection (1) to which the order relates; and\ngive the lawyer or other representative written reasons for the order.\nFor the person’s general right of representation, see section 683 .\nIf the person is not represented at the hearing of the proceeding by a lawyer or another representative, the court must ensure a lawyer or another representative is appointed for subsection (3) .\nA person must not contravene a confidentiality order unless the person has a reasonable excuse.\nMaximum penalty for subsection (5) —200 penalty units.\n(sec.696-ssec.1) In a proceeding, the Mental Health Court may, by order (a confidentiality order ), prohibit or restrict the disclosure of any of the following to the person the subject of the proceeding— information given before it; matters contained in documents filed with, or received by, it; the reasons for its decision in the proceeding.\n(sec.696-ssec.2) However, the court may make a confidentiality order only if satisfied the disclosure would— cause serious harm to the health of the person; or put the safety of someone else at serious risk.\n(sec.696-ssec.3) If the court makes a confidentiality order, the court must— disclose to the person’s lawyer, or another representative of the person, the information or matters mentioned in subsection (1) to which the order relates; and give the lawyer or other representative written reasons for the order. For the person’s general right of representation, see section 683 .\n(sec.696-ssec.4) If the person is not represented at the hearing of the proceeding by a lawyer or another representative, the court must ensure a lawyer or another representative is appointed for subsection (3) .\n(sec.696-ssec.5) A person must not contravene a confidentiality order unless the person has a reasonable excuse. Maximum penalty for subsection (5) —200 penalty units.\n- (a) information given before it;\n- (b) matters contained in documents filed with, or received by, it;\n- (c) the reasons for its decision in the proceeding.\n- (a) cause serious harm to the health of the person; or\n- (b) put the safety of someone else at serious risk.\n- (a) disclose to the person’s lawyer, or another representative of the person, the information or matters mentioned in subsection (1) to which the order relates; and\n- (b) give the lawyer or other representative written reasons for the order. Note— For the person’s general right of representation, see section 683 .","sortOrder":921},{"sectionNumber":"sec.697","sectionType":"section","heading":"Costs","content":"### sec.697 Costs\n\nEach party to a proceeding in the Mental Health Court is to bear the party’s own costs of the proceeding.","sortOrder":922},{"sectionNumber":"sec.698","sectionType":"section","heading":"Death or incapacity of member after hearing started","content":"### sec.698 Death or incapacity of member after hearing started\n\nThis section applies if, after a member of the Mental Health Court starts to hear a proceeding, the member dies or becomes incapable of continuing to hear the proceeding.\nA party to the proceeding may, after giving at least 7 days written notice to each other party to the proceeding, apply to the president for an order directing the action to be taken in the proceeding.\nThe president may, on the application or on the president’s own initiative, after consulting with the parties to the proceeding—\norder the proceeding be reheard; or\nadjourn the proceeding to allow the incapacitated member of the court to continue when able; or\nwith the consent of the parties, make an order the president considers appropriate about—\ndeciding the proceeding; or\ncompleting the hearing and deciding the proceeding.\nIf, under subsection (3) (a) , a proceeding is reheard, the first hearing is taken not to have happened.\nAn order mentioned in subsection (3) (c) is taken to be a decision of the Mental Health Court.\n(sec.698-ssec.1) This section applies if, after a member of the Mental Health Court starts to hear a proceeding, the member dies or becomes incapable of continuing to hear the proceeding.\n(sec.698-ssec.2) A party to the proceeding may, after giving at least 7 days written notice to each other party to the proceeding, apply to the president for an order directing the action to be taken in the proceeding.\n(sec.698-ssec.3) The president may, on the application or on the president’s own initiative, after consulting with the parties to the proceeding— order the proceeding be reheard; or adjourn the proceeding to allow the incapacitated member of the court to continue when able; or with the consent of the parties, make an order the president considers appropriate about— deciding the proceeding; or completing the hearing and deciding the proceeding.\n(sec.698-ssec.4) If, under subsection (3) (a) , a proceeding is reheard, the first hearing is taken not to have happened.\n(sec.698-ssec.5) An order mentioned in subsection (3) (c) is taken to be a decision of the Mental Health Court.\n- (a) order the proceeding be reheard; or\n- (b) adjourn the proceeding to allow the incapacitated member of the court to continue when able; or\n- (c) with the consent of the parties, make an order the president considers appropriate about— (i) deciding the proceeding; or (ii) completing the hearing and deciding the proceeding.\n- (i) deciding the proceeding; or\n- (ii) completing the hearing and deciding the proceeding.\n- (i) deciding the proceeding; or\n- (ii) completing the hearing and deciding the proceeding.","sortOrder":923},{"sectionNumber":"ch.16-pt.1-div.11","sectionType":"division","heading":"Rules and practice","content":"## Rules and practice","sortOrder":924},{"sectionNumber":"sec.699","sectionType":"section","heading":"Rule-making power","content":"### sec.699 Rule-making power\n\nThe Governor in Council may make rules under this Act.\nHowever, rules relating to the Mental Health Court or the registry may be made only with the consent of the president.\nRules may be made about the following matters—\nthe practice and procedure for proceedings in the court;\nfees and expenses payable to witnesses;\nfees and costs payable in relation to proceedings in the court and the party by or to whom they are to be paid;\nservice of process, notices, orders or other things on parties and other persons.\nRules made under this section are rules of court.\n(sec.699-ssec.1) The Governor in Council may make rules under this Act.\n(sec.699-ssec.2) However, rules relating to the Mental Health Court or the registry may be made only with the consent of the president.\n(sec.699-ssec.3) Rules may be made about the following matters— the practice and procedure for proceedings in the court; fees and expenses payable to witnesses; fees and costs payable in relation to proceedings in the court and the party by or to whom they are to be paid; service of process, notices, orders or other things on parties and other persons.\n(sec.699-ssec.4) Rules made under this section are rules of court.\n- (a) the practice and procedure for proceedings in the court;\n- (b) fees and expenses payable to witnesses;\n- (c) fees and costs payable in relation to proceedings in the court and the party by or to whom they are to be paid;\n- (d) service of process, notices, orders or other things on parties and other persons.","sortOrder":925},{"sectionNumber":"sec.700","sectionType":"section","heading":"Directions about practice","content":"### sec.700 Directions about practice\n\nSubject to this Act and the court rules, the practice and procedure of the Mental Health Court are as directed by the president.\nIf this Act or the rules do not provide or sufficiently provide for a particular matter, an application for directions may be made to the president.\n(sec.700-ssec.1) Subject to this Act and the court rules, the practice and procedure of the Mental Health Court are as directed by the president.\n(sec.700-ssec.2) If this Act or the rules do not provide or sufficiently provide for a particular matter, an application for directions may be made to the president.","sortOrder":926},{"sectionNumber":"ch.16-pt.1-div.12","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":927},{"sectionNumber":"sec.701","sectionType":"section","heading":"Annual report","content":"### sec.701 Annual report\n\nWithin 90 days after the end of each financial year, the president must prepare and give the Minister a report on the operations of the Mental Health Court and the registry during the year.\nThe report must also contain the other information required by the Minister.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after the day the Minister receives it.\n(sec.701-ssec.1) Within 90 days after the end of each financial year, the president must prepare and give the Minister a report on the operations of the Mental Health Court and the registry during the year.\n(sec.701-ssec.2) The report must also contain the other information required by the Minister.\n(sec.701-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 days after the day the Minister receives it.","sortOrder":928},{"sectionNumber":"ch.16-pt.2","sectionType":"part","heading":"Mental Health Review Tribunal","content":"# Mental Health Review Tribunal","sortOrder":929},{"sectionNumber":"ch.16-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":930},{"sectionNumber":"sec.702","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.702 Purpose of pt 2\n\nThe purpose of this part is to provide for the following—\nthe continuation of the Mental Health Review Tribunal, as formerly established under the repealed Mental Health Act 2000 ;\nthe constitution, jurisdiction and powers of the tribunal;\nprocedural provisions for proceedings of the tribunal.\n- (a) the continuation of the Mental Health Review Tribunal, as formerly established under the repealed Mental Health Act 2000 ;\n- (b) the constitution, jurisdiction and powers of the tribunal;\n- (c) procedural provisions for proceedings of the tribunal.","sortOrder":931},{"sectionNumber":"sec.703","sectionType":"section","heading":"Definition for pt 2","content":"### sec.703 Definition for pt 2\n\nIn this part—\nparty , to a proceeding—\nfor a proceeding under chapter 12 —means a person who has a right to appear in person at the hearing of the proceeding; or\nfor an appeal to the tribunal under chapter 13 —see section 532 .\n- (a) for a proceeding under chapter 12 —means a person who has a right to appear in person at the hearing of the proceeding; or\n- (b) for an appeal to the tribunal under chapter 13 —see section 532 .","sortOrder":932},{"sectionNumber":"ch.16-pt.2-div.2","sectionType":"division","heading":"Continuation, jurisdiction and powers","content":"## Continuation, jurisdiction and powers","sortOrder":933},{"sectionNumber":"sec.704","sectionType":"section","heading":"Continuation of Mental Health Review Tribunal","content":"### sec.704 Continuation of Mental Health Review Tribunal\n\nThe Mental Health Review Tribunal, as formerly established under the repealed Mental Health Act 2000 , section 436 , is continued in existence.\nThe tribunal consists of the president, the deputy president and other members.\n(sec.704-ssec.1) The Mental Health Review Tribunal, as formerly established under the repealed Mental Health Act 2000 , section 436 , is continued in existence.\n(sec.704-ssec.2) The tribunal consists of the president, the deputy president and other members.","sortOrder":934},{"sectionNumber":"sec.705","sectionType":"section","heading":"Jurisdiction and independence","content":"### sec.705 Jurisdiction and independence\n\nThe tribunal has jurisdiction to—\nreview the following under chapter 12 —\ntreatment authorities;\nforensic orders;\ntreatment support orders;\na person’s fitness for trial;\nthe detention of a minor in a high security unit; and\nhear applications for the following—\nexamination authorities;\napprovals of regulated treatment;\napprovals of transfers of particular patients into and out of Queensland; and\ndecide appeals under chapter 13 , part 2 .\nIn exercising its jurisdiction, the tribunal—\nmust act independently; and\nis not subject to direction or control by any entity, including any Minister.\n(sec.705-ssec.1) The tribunal has jurisdiction to— review the following under chapter 12 — treatment authorities; forensic orders; treatment support orders; a person’s fitness for trial; the detention of a minor in a high security unit; and hear applications for the following— examination authorities; approvals of regulated treatment; approvals of transfers of particular patients into and out of Queensland; and decide appeals under chapter 13 , part 2 .\n(sec.705-ssec.2) In exercising its jurisdiction, the tribunal— must act independently; and is not subject to direction or control by any entity, including any Minister.\n- (a) review the following under chapter 12 — (i) treatment authorities; (ii) forensic orders; (iii) treatment support orders; (iv) a person’s fitness for trial; (v) the detention of a minor in a high security unit; and\n- (i) treatment authorities;\n- (ii) forensic orders;\n- (iii) treatment support orders;\n- (iv) a person’s fitness for trial;\n- (v) the detention of a minor in a high security unit; and\n- (b) hear applications for the following— (i) examination authorities; (ii) approvals of regulated treatment; (iii) approvals of transfers of particular patients into and out of Queensland; and\n- (i) examination authorities;\n- (ii) approvals of regulated treatment;\n- (iii) approvals of transfers of particular patients into and out of Queensland; and\n- (c) decide appeals under chapter 13 , part 2 .\n- (i) treatment authorities;\n- (ii) forensic orders;\n- (iii) treatment support orders;\n- (iv) a person’s fitness for trial;\n- (v) the detention of a minor in a high security unit; and\n- (i) examination authorities;\n- (ii) approvals of regulated treatment;\n- (iii) approvals of transfers of particular patients into and out of Queensland; and\n- (a) must act independently; and\n- (b) is not subject to direction or control by any entity, including any Minister.","sortOrder":935},{"sectionNumber":"sec.706","sectionType":"section","heading":"Powers","content":"### sec.706 Powers\n\nThe tribunal may do all things necessary or convenient to be done for, or in relation to, exercising its jurisdiction.\nWithout limiting subsection (1) , the tribunal has the powers conferred on it under this Act.\n(sec.706-ssec.1) The tribunal may do all things necessary or convenient to be done for, or in relation to, exercising its jurisdiction.\n(sec.706-ssec.2) Without limiting subsection (1) , the tribunal has the powers conferred on it under this Act.","sortOrder":936},{"sectionNumber":"ch.16-pt.2-div.3","sectionType":"division","heading":"Members and staff of tribunal","content":"## Members and staff of tribunal","sortOrder":937},{"sectionNumber":"sec.707","sectionType":"section","heading":"Appointment of members","content":"### sec.707 Appointment of members\n\nThe president is to be appointed by the Governor in Council on a full-time basis.\nThe deputy president and other members are to be appointed by the Governor in Council on a full-time or part-time basis.\nA person is eligible for appointment as the president or deputy president only if the person—\nis a lawyer of at least 7 years standing; and\nhas, in the Minister’s opinion, sufficient knowledge of administrative law and this Act.\nA person is eligible for appointment as another member only if—\nthe person—\nis a lawyer of at least 5 years standing; or\nis a psychiatrist; or\nhas other qualifications and experience the Minister considers relevant to exercising the tribunal’s jurisdiction; and\nthe Minister is satisfied the person has the competencies developed by the president under section 714 (3) .\nIn recommending a person for appointment as a member, the Minister must have regard to—\nthe need for a balanced gender representation in the membership of the tribunal; and\nthe range and experience of members; and\nthe need for the membership of the tribunal to reflect the social and cultural diversity of the general community.\nAlso, in recommending a person for appointment as a member, if the Minister is not responsible for administering the Forensic Disability Act , the Minister must consult with the Minister responsible for administering that Act.\nMembers are appointed under this Act and not under the Public Sector Act 2022 .\ns 707 amd 2022 No. 34 s 365 sch 3\n(sec.707-ssec.1) The president is to be appointed by the Governor in Council on a full-time basis.\n(sec.707-ssec.2) The deputy president and other members are to be appointed by the Governor in Council on a full-time or part-time basis.\n(sec.707-ssec.3) A person is eligible for appointment as the president or deputy president only if the person— is a lawyer of at least 7 years standing; and has, in the Minister’s opinion, sufficient knowledge of administrative law and this Act.\n(sec.707-ssec.4) A person is eligible for appointment as another member only if— the person— is a lawyer of at least 5 years standing; or is a psychiatrist; or has other qualifications and experience the Minister considers relevant to exercising the tribunal’s jurisdiction; and the Minister is satisfied the person has the competencies developed by the president under section 714 (3) .\n(sec.707-ssec.5) In recommending a person for appointment as a member, the Minister must have regard to— the need for a balanced gender representation in the membership of the tribunal; and the range and experience of members; and the need for the membership of the tribunal to reflect the social and cultural diversity of the general community.\n(sec.707-ssec.6) Also, in recommending a person for appointment as a member, if the Minister is not responsible for administering the Forensic Disability Act , the Minister must consult with the Minister responsible for administering that Act.\n(sec.707-ssec.7) Members are appointed under this Act and not under the Public Sector Act 2022 .\n- (a) is a lawyer of at least 7 years standing; and\n- (b) has, in the Minister’s opinion, sufficient knowledge of administrative law and this Act.\n- (a) the person— (i) is a lawyer of at least 5 years standing; or (ii) is a psychiatrist; or (iii) has other qualifications and experience the Minister considers relevant to exercising the tribunal’s jurisdiction; and\n- (i) is a lawyer of at least 5 years standing; or\n- (ii) is a psychiatrist; or\n- (iii) has other qualifications and experience the Minister considers relevant to exercising the tribunal’s jurisdiction; and\n- (b) the Minister is satisfied the person has the competencies developed by the president under section 714 (3) .\n- (i) is a lawyer of at least 5 years standing; or\n- (ii) is a psychiatrist; or\n- (iii) has other qualifications and experience the Minister considers relevant to exercising the tribunal’s jurisdiction; and\n- (a) the need for a balanced gender representation in the membership of the tribunal; and\n- (b) the range and experience of members; and\n- (c) the need for the membership of the tribunal to reflect the social and cultural diversity of the general community.","sortOrder":938},{"sectionNumber":"sec.708","sectionType":"section","heading":"Duration of appointment","content":"### sec.708 Duration of appointment\n\nThe president holds office for the term, of not more than 5 years, stated in the president’s instrument of appointment.\nThe deputy president or another member holds office for the term, of not more than 3 years, stated in the member’s instrument of appointment.\n(sec.708-ssec.1) The president holds office for the term, of not more than 5 years, stated in the president’s instrument of appointment.\n(sec.708-ssec.2) The deputy president or another member holds office for the term, of not more than 3 years, stated in the member’s instrument of appointment.","sortOrder":939},{"sectionNumber":"sec.709","sectionType":"section","heading":"Terms of appointment","content":"### sec.709 Terms of appointment\n\nA member is entitled to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council.\n(sec.709-ssec.1) A member is entitled to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.709-ssec.2) For matters not provided for by this Act, a member holds office on the terms and conditions decided by the Governor in Council.","sortOrder":940},{"sectionNumber":"sec.710","sectionType":"section","heading":"Resignation","content":"### sec.710 Resignation\n\nA member may resign by signed notice given to the Minister.","sortOrder":941},{"sectionNumber":"sec.711","sectionType":"section","heading":"Termination of appointment","content":"### sec.711 Termination of appointment\n\nThe Governor in Council may terminate the appointment of a member if the Governor in Council is satisfied the member—\nhas become incapable of satisfactorily performing the member’s functions; or\nhas performed the member’s functions carelessly, incompetently or inefficiently; or\nhas been guilty of misconduct that could warrant dismissal from the public service if the member were a public service officer.\nThe Governor in Council must terminate the appointment of a member if the member—\nceases to be eligible for appointment as a member; or\nis convicted of an indictable offence.\n(sec.711-ssec.1) The Governor in Council may terminate the appointment of a member if the Governor in Council is satisfied the member— has become incapable of satisfactorily performing the member’s functions; or has performed the member’s functions carelessly, incompetently or inefficiently; or has been guilty of misconduct that could warrant dismissal from the public service if the member were a public service officer.\n(sec.711-ssec.2) The Governor in Council must terminate the appointment of a member if the member— ceases to be eligible for appointment as a member; or is convicted of an indictable offence.\n- (a) has become incapable of satisfactorily performing the member’s functions; or\n- (b) has performed the member’s functions carelessly, incompetently or inefficiently; or\n- (c) has been guilty of misconduct that could warrant dismissal from the public service if the member were a public service officer.\n- (a) ceases to be eligible for appointment as a member; or\n- (b) is convicted of an indictable offence.","sortOrder":942},{"sectionNumber":"sec.712","sectionType":"section","heading":"Deputy president to act as president","content":"### sec.712 Deputy president to act as president\n\nThe deputy president is to act in the office of the president during—\nany period the office is vacant; or\nall periods when the president is absent from duty or from Queensland or, for another reason, can not perform the functions of the office.\n- (a) any period the office is vacant; or\n- (b) all periods when the president is absent from duty or from Queensland or, for another reason, can not perform the functions of the office.","sortOrder":943},{"sectionNumber":"sec.713","sectionType":"section","heading":"Executive officer and other staff","content":"### sec.713 Executive officer and other staff\n\nThere is to be an executive officer of the tribunal and other staff necessary for the tribunal to exercise its jurisdiction.\nThe executive officer and other staff are appointed under the Public Sector Act 2022 .\nThe president is responsible for the organisational unit made up of the staff of the tribunal and for the organisational unit’s efficient and effective administration and operation.\nIn performing a function or exercising a power under this Act, the executive officer and other staff of the tribunal are subject to the direction and control of the president.\ns 713 amd 2022 No. 34 s 365 sch 3\n(sec.713-ssec.1) There is to be an executive officer of the tribunal and other staff necessary for the tribunal to exercise its jurisdiction.\n(sec.713-ssec.2) The executive officer and other staff are appointed under the Public Sector Act 2022 .\n(sec.713-ssec.3) The president is responsible for the organisational unit made up of the staff of the tribunal and for the organisational unit’s efficient and effective administration and operation.\n(sec.713-ssec.4) In performing a function or exercising a power under this Act, the executive officer and other staff of the tribunal are subject to the direction and control of the president.","sortOrder":944},{"sectionNumber":"sec.714","sectionType":"section","heading":"President’s functions generally","content":"### sec.714 President’s functions generally\n\nThe functions of the president include—\nensuring the quick and efficient discharge of the tribunal’s business; and\ngiving directions about—\nthe arrangement of the tribunal’s business; and\nthe number of members to constitute the tribunal for a particular hearing; and\nthe members who are to constitute the tribunal for a particular hearing; and\nthe places and times the tribunal is to sit; and\nother functions conferred on the president under this Act.\nAlso, the president must ensure the members are adequately and appropriately trained to enable the tribunal to perform its functions effectively and efficiently.\nFor subsection (2) , the president must develop competencies in the following—\nadministrative law;\nthe operation of this Act;\nmental health and intellectual disability issues, including forensic mental health and forensic disability issues.\nA direction mentioned in subsection (1) must not be inconsistent with this Act.\n(sec.714-ssec.1) The functions of the president include— ensuring the quick and efficient discharge of the tribunal’s business; and giving directions about— the arrangement of the tribunal’s business; and the number of members to constitute the tribunal for a particular hearing; and the members who are to constitute the tribunal for a particular hearing; and the places and times the tribunal is to sit; and other functions conferred on the president under this Act.\n(sec.714-ssec.2) Also, the president must ensure the members are adequately and appropriately trained to enable the tribunal to perform its functions effectively and efficiently.\n(sec.714-ssec.3) For subsection (2) , the president must develop competencies in the following— administrative law; the operation of this Act; mental health and intellectual disability issues, including forensic mental health and forensic disability issues.\n(sec.714-ssec.4) A direction mentioned in subsection (1) must not be inconsistent with this Act.\n- (a) ensuring the quick and efficient discharge of the tribunal’s business; and\n- (b) giving directions about— (i) the arrangement of the tribunal’s business; and (ii) the number of members to constitute the tribunal for a particular hearing; and (iii) the members who are to constitute the tribunal for a particular hearing; and (iv) the places and times the tribunal is to sit; and\n- (i) the arrangement of the tribunal’s business; and\n- (ii) the number of members to constitute the tribunal for a particular hearing; and\n- (iii) the members who are to constitute the tribunal for a particular hearing; and\n- (iv) the places and times the tribunal is to sit; and\n- (c) other functions conferred on the president under this Act.\n- (i) the arrangement of the tribunal’s business; and\n- (ii) the number of members to constitute the tribunal for a particular hearing; and\n- (iii) the members who are to constitute the tribunal for a particular hearing; and\n- (iv) the places and times the tribunal is to sit; and\n- (a) administrative law;\n- (b) the operation of this Act;\n- (c) mental health and intellectual disability issues, including forensic mental health and forensic disability issues.","sortOrder":945},{"sectionNumber":"sec.715","sectionType":"section","heading":"President’s powers","content":"### sec.715 President’s powers\n\nThe president has the powers given under this Act.\nAlso, the president may do all things necessary or convenient to be done to perform the president’s functions.\n(sec.715-ssec.1) The president has the powers given under this Act.\n(sec.715-ssec.2) Also, the president may do all things necessary or convenient to be done to perform the president’s functions.","sortOrder":946},{"sectionNumber":"ch.16-pt.2-div.4","sectionType":"division","heading":"Constitution of tribunal for hearings","content":"## Constitution of tribunal for hearings","sortOrder":947},{"sectionNumber":"sec.716","sectionType":"section","heading":"Particular proceedings","content":"### sec.716 Particular proceedings\n\nThis section applies to—\na proceeding for a review under chapter 12 ; or\na proceeding for hearing an application under—\nchapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or\nchapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or\nchapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or\nan appeal under chapter 13 , part 2 .\nThe tribunal must be constituted by at least 3, but not more than 5, members of whom—\nat least 1 must be a lawyer; and\nat least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and\nat least 1 person who is not a lawyer or doctor.\nHowever, for a proceeding for a review of a treatment authority for a person or for hearing an application for approval to perform electroconvulsive therapy on a person, the tribunal may be constituted by fewer than 3 members if the president is satisfied—\nit is appropriate, expedient and in the person’s best interests to do so; and\nfor hearing an application for approval to perform electroconvulsive therapy on a person—electroconvulsive therapy has been performed on the person under section 237 or approval to perform electroconvulsive therapy on the person is required urgently.\n(sec.716-ssec.1) This section applies to— a proceeding for a review under chapter 12 ; or a proceeding for hearing an application under— chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or chapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or chapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or an appeal under chapter 13 , part 2 .\n(sec.716-ssec.2) The tribunal must be constituted by at least 3, but not more than 5, members of whom— at least 1 must be a lawyer; and at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and at least 1 person who is not a lawyer or doctor.\n(sec.716-ssec.3) However, for a proceeding for a review of a treatment authority for a person or for hearing an application for approval to perform electroconvulsive therapy on a person, the tribunal may be constituted by fewer than 3 members if the president is satisfied— it is appropriate, expedient and in the person’s best interests to do so; and for hearing an application for approval to perform electroconvulsive therapy on a person—electroconvulsive therapy has been performed on the person under section 237 or approval to perform electroconvulsive therapy on the person is required urgently.\n- (a) a proceeding for a review under chapter 12 ; or\n- (b) a proceeding for hearing an application under— (i) chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or (ii) chapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or (iii) chapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or\n- (i) chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or\n- (ii) chapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or\n- (iii) chapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or\n- (c) an appeal under chapter 13 , part 2 .\n- (i) chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or\n- (ii) chapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or\n- (iii) chapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or\n- (a) at least 1 must be a lawyer; and\n- (b) at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and\n- (c) at least 1 person who is not a lawyer or doctor.\n- (a) it is appropriate, expedient and in the person’s best interests to do so; and\n- (b) for hearing an application for approval to perform electroconvulsive therapy on a person—electroconvulsive therapy has been performed on the person under section 237 or approval to perform electroconvulsive therapy on the person is required urgently.","sortOrder":948},{"sectionNumber":"sec.717","sectionType":"section","heading":"Application for examination authority","content":"### sec.717 Application for examination authority\n\nThis section applies to a proceeding for hearing an application under chapter 12 , part 8 for an examination authority.\nThe tribunal must be constituted by at least 1 member who is a lawyer.\n(sec.717-ssec.1) This section applies to a proceeding for hearing an application under chapter 12 , part 8 for an examination authority.\n(sec.717-ssec.2) The tribunal must be constituted by at least 1 member who is a lawyer.","sortOrder":949},{"sectionNumber":"sec.718","sectionType":"section","heading":"Application for approval to perform non-ablative neurosurgical procedure","content":"### sec.718 Application for approval to perform non-ablative neurosurgical procedure\n\nThis section applies to a proceeding for hearing an application under chapter 12 , part 9 , division 2 for approval to perform a non-ablative neurosurgical procedure on a person.\nThe tribunal must be constituted by the following 5 members—\nthe president, deputy president or another member who is a lawyer of at least 7 years standing;\n2 members who are psychiatrists;\n1 member who is a neurosurgeon;\n1 member who is not a lawyer or doctor.\nIn this section—\nneurosurgeon means—\na person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the speciality of neurosurgery, other than as a student; or\na person registered under the Health Practitioner Regulation National Law with limited registration to practise in an area of need in a specialist position in neurosurgery.\n(sec.718-ssec.1) This section applies to a proceeding for hearing an application under chapter 12 , part 9 , division 2 for approval to perform a non-ablative neurosurgical procedure on a person.\n(sec.718-ssec.2) The tribunal must be constituted by the following 5 members— the president, deputy president or another member who is a lawyer of at least 7 years standing; 2 members who are psychiatrists; 1 member who is a neurosurgeon; 1 member who is not a lawyer or doctor.\n(sec.718-ssec.3) In this section— neurosurgeon means— a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the speciality of neurosurgery, other than as a student; or a person registered under the Health Practitioner Regulation National Law with limited registration to practise in an area of need in a specialist position in neurosurgery.\n- (a) the president, deputy president or another member who is a lawyer of at least 7 years standing;\n- (b) 2 members who are psychiatrists;\n- (c) 1 member who is a neurosurgeon;\n- (d) 1 member who is not a lawyer or doctor.\n- (a) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the speciality of neurosurgery, other than as a student; or\n- (b) a person registered under the Health Practitioner Regulation National Law with limited registration to practise in an area of need in a specialist position in neurosurgery.","sortOrder":950},{"sectionNumber":"sec.719","sectionType":"section","heading":"Matters president to consider in constituting tribunal","content":"### sec.719 Matters president to consider in constituting tribunal\n\nIn deciding the tribunal’s constitution for a proceeding, the president must—\nfor a proceeding in relation to an involuntary patient, have regard to—\nthe safety and welfare of the patient and the safety of others; and\nthe patient’s mental condition; and\nto the extent practicable, include a member who is culturally appropriate to the person the subject of the proceeding.\nAlso, for a proceeding in relation to a minor, if the tribunal is required to be constituted by at least 1 member who is a psychiatrist, the psychiatrist must have relevant knowledge and expertise in child and adolescent psychiatry.\nSee sections 716 (2) and 718 for when the tribunal is required to be constituted by at least 1 member who is a psychiatrist.\n(sec.719-ssec.1) In deciding the tribunal’s constitution for a proceeding, the president must— for a proceeding in relation to an involuntary patient, have regard to— the safety and welfare of the patient and the safety of others; and the patient’s mental condition; and to the extent practicable, include a member who is culturally appropriate to the person the subject of the proceeding.\n(sec.719-ssec.2) Also, for a proceeding in relation to a minor, if the tribunal is required to be constituted by at least 1 member who is a psychiatrist, the psychiatrist must have relevant knowledge and expertise in child and adolescent psychiatry. See sections 716 (2) and 718 for when the tribunal is required to be constituted by at least 1 member who is a psychiatrist.\n- (a) for a proceeding in relation to an involuntary patient, have regard to— (i) the safety and welfare of the patient and the safety of others; and (ii) the patient’s mental condition; and\n- (i) the safety and welfare of the patient and the safety of others; and\n- (ii) the patient’s mental condition; and\n- (b) to the extent practicable, include a member who is culturally appropriate to the person the subject of the proceeding.\n- (i) the safety and welfare of the patient and the safety of others; and\n- (ii) the patient’s mental condition; and","sortOrder":951},{"sectionNumber":"sec.720","sectionType":"section","heading":"Presiding member","content":"### sec.720 Presiding member\n\nThe presiding member for a proceeding is—\nif the tribunal is constituted by 1 member—the constituting member; or\nif the tribunal is constituted by more than 1 member—the member decided by the president.\nHowever, if the tribunal is constituted under section 716 (2) , 717 or 718 , the presiding member must be a lawyer.\n(sec.720-ssec.1) The presiding member for a proceeding is— if the tribunal is constituted by 1 member—the constituting member; or if the tribunal is constituted by more than 1 member—the member decided by the president.\n(sec.720-ssec.2) However, if the tribunal is constituted under section 716 (2) , 717 or 718 , the presiding member must be a lawyer.\n- (a) if the tribunal is constituted by 1 member—the constituting member; or\n- (b) if the tribunal is constituted by more than 1 member—the member decided by the president.","sortOrder":952},{"sectionNumber":"ch.16-pt.2-div.5","sectionType":"division","heading":"Examinations, confidentiality orders and reports","content":"## Examinations, confidentiality orders and reports","sortOrder":953},{"sectionNumber":"sec.721","sectionType":"section","heading":"Tribunal may order examination","content":"### sec.721 Tribunal may order examination\n\nThe tribunal may order a relevant person to submit to an examination by a stated examining practitioner.\nIf the proceeding is for a review under chapter 12 , the examining practitioner must not be responsible for the relevant person.\nThe order must state the matters on which the examining practitioner must report to the tribunal.\nThe order may, if the proceeding is for a review under chapter 12 —\ndirect an authorised person to transport the relevant person immediately to the examining practitioner; or\nFor the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\ndirect the relevant person to attend at the examining practitioner within a stated time, of not more than 28 days, after the order is made.\nSee chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .\nThe order authorises the examining practitioner to examine the relevant person without the person’s consent.\nThe examining practitioner must give the tribunal a written report on the examination.\nIn this section—\nrelevant person means—\na person who is the subject of a proceeding for a review under chapter 12 ; or\na person who is the subject of an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy; or\na person who is the subject of an application under chapter 12 , part 10 , division 2 for approval of the transfer of the person out of Queensland.\n(sec.721-ssec.1) The tribunal may order a relevant person to submit to an examination by a stated examining practitioner.\n(sec.721-ssec.2) If the proceeding is for a review under chapter 12 , the examining practitioner must not be responsible for the relevant person.\n(sec.721-ssec.3) The order must state the matters on which the examining practitioner must report to the tribunal.\n(sec.721-ssec.4) The order may, if the proceeding is for a review under chapter 12 — direct an authorised person to transport the relevant person immediately to the examining practitioner; or For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 . direct the relevant person to attend at the examining practitioner within a stated time, of not more than 28 days, after the order is made. See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .\n(sec.721-ssec.5) The order authorises the examining practitioner to examine the relevant person without the person’s consent.\n(sec.721-ssec.6) The examining practitioner must give the tribunal a written report on the examination.\n(sec.721-ssec.7) In this section— relevant person means— a person who is the subject of a proceeding for a review under chapter 12 ; or a person who is the subject of an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy; or a person who is the subject of an application under chapter 12 , part 10 , division 2 for approval of the transfer of the person out of Queensland.\n- (a) direct an authorised person to transport the relevant person immediately to the examining practitioner; or Note— For the powers of an authorised person when detaining and transporting a person, see chapter 11 , part 6 , division 5 .\n- (b) direct the relevant person to attend at the examining practitioner within a stated time, of not more than 28 days, after the order is made. Note— See chapter 11 , part 6 , division 3 for the powers that may be used in relation to a person who does not comply with a direction under paragraph (b) .\n- (a) a person who is the subject of a proceeding for a review under chapter 12 ; or\n- (b) a person who is the subject of an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy; or\n- (c) a person who is the subject of an application under chapter 12 , part 10 , division 2 for approval of the transfer of the person out of Queensland.","sortOrder":954},{"sectionNumber":"sec.722","sectionType":"section","heading":"Confidentiality order","content":"### sec.722 Confidentiality order\n\nIn a proceeding, the tribunal may, by order (a confidentiality order ), prohibit or restrict the disclosure of any of the following to a person the subject of the proceeding—\ninformation given before it;\nmatters contained in documents filed with, or received by, it;\nthe reasons for its decision on the proceeding.\nHowever, the tribunal may make a confidentiality order only if satisfied the disclosure would—\ncause serious harm to the health of the person; or\nput the safety of someone else at serious risk.\nIf the tribunal makes a confidentiality order, the tribunal must—\ndisclose to the person’s lawyer, or another representative, the information or matters mentioned in subsection (1) to which the order relates; and\ngive the lawyer or other representative written reasons for the order.\nIf the person is not represented at the hearing of the proceeding by a lawyer or another representative, the tribunal must ensure a lawyer or another representative is appointed for subsection (3) .\nA person must not contravene a confidentiality order unless the person has a reasonable excuse.\nMaximum penalty for subsection (5) —200 penalty units.\n(sec.722-ssec.1) In a proceeding, the tribunal may, by order (a confidentiality order ), prohibit or restrict the disclosure of any of the following to a person the subject of the proceeding— information given before it; matters contained in documents filed with, or received by, it; the reasons for its decision on the proceeding.\n(sec.722-ssec.2) However, the tribunal may make a confidentiality order only if satisfied the disclosure would— cause serious harm to the health of the person; or put the safety of someone else at serious risk.\n(sec.722-ssec.3) If the tribunal makes a confidentiality order, the tribunal must— disclose to the person’s lawyer, or another representative, the information or matters mentioned in subsection (1) to which the order relates; and give the lawyer or other representative written reasons for the order.\n(sec.722-ssec.4) If the person is not represented at the hearing of the proceeding by a lawyer or another representative, the tribunal must ensure a lawyer or another representative is appointed for subsection (3) .\n(sec.722-ssec.5) A person must not contravene a confidentiality order unless the person has a reasonable excuse. Maximum penalty for subsection (5) —200 penalty units.\n- (a) information given before it;\n- (b) matters contained in documents filed with, or received by, it;\n- (c) the reasons for its decision on the proceeding.\n- (a) cause serious harm to the health of the person; or\n- (b) put the safety of someone else at serious risk.\n- (a) disclose to the person’s lawyer, or another representative, the information or matters mentioned in subsection (1) to which the order relates; and\n- (b) give the lawyer or other representative written reasons for the order.","sortOrder":955},{"sectionNumber":"sec.723","sectionType":"section","heading":"Reports for particular review proceedings","content":"### sec.723 Reports for particular review proceedings\n\nThis section applies if the tribunal is reviewing any of the following—\na treatment authority;\na forensic order;\na treatment support order;\na person’s fitness for trial;\nthe detention of a minor in a high security unit.\nThe tribunal must ensure a treating practitioner for the person the subject of the review prepares a report, in the approved form, about—\nfor a review mentioned in subsection (1) (a) , (b) or (c) —the relevant circumstances of the person; and\nother matters relevant to a decision the tribunal may make under chapter 12 on the review.\nAt least 7 days before the hearing of the review, the treating practitioner must give a copy of the report to—\nthe tribunal; and\nthe person the subject of the review.\nHowever, the treating practitioner is not required to comply with subsection (3) (b) if the treating practitioner intends to apply to the tribunal for a confidentiality order in relation to the report.\nIn this section—\nrelevant circumstances , of a person, for a review mentioned in subsection (1) (b) or (c) , includes the nature of the relevant unlawful act and the period of time that has passed since the act happened.\ntreating practitioner , for a person the subject of a review, means—\na psychiatrist treating the person; or\na senior practitioner under the Forensic Disability Act responsible for performing obligations for the person under chapter 2 , part 1 of that Act.\n(sec.723-ssec.1) This section applies if the tribunal is reviewing any of the following— a treatment authority; a forensic order; a treatment support order; a person’s fitness for trial; the detention of a minor in a high security unit.\n(sec.723-ssec.2) The tribunal must ensure a treating practitioner for the person the subject of the review prepares a report, in the approved form, about— for a review mentioned in subsection (1) (a) , (b) or (c) —the relevant circumstances of the person; and other matters relevant to a decision the tribunal may make under chapter 12 on the review.\n(sec.723-ssec.3) At least 7 days before the hearing of the review, the treating practitioner must give a copy of the report to— the tribunal; and the person the subject of the review.\n(sec.723-ssec.4) However, the treating practitioner is not required to comply with subsection (3) (b) if the treating practitioner intends to apply to the tribunal for a confidentiality order in relation to the report.\n(sec.723-ssec.5) In this section— relevant circumstances , of a person, for a review mentioned in subsection (1) (b) or (c) , includes the nature of the relevant unlawful act and the period of time that has passed since the act happened. treating practitioner , for a person the subject of a review, means— a psychiatrist treating the person; or a senior practitioner under the Forensic Disability Act responsible for performing obligations for the person under chapter 2 , part 1 of that Act.\n- (a) a treatment authority;\n- (b) a forensic order;\n- (c) a treatment support order;\n- (d) a person’s fitness for trial;\n- (e) the detention of a minor in a high security unit.\n- (a) for a review mentioned in subsection (1) (a) , (b) or (c) —the relevant circumstances of the person; and\n- (b) other matters relevant to a decision the tribunal may make under chapter 12 on the review.\n- (a) the tribunal; and\n- (b) the person the subject of the review.\n- (a) a psychiatrist treating the person; or\n- (b) a senior practitioner under the Forensic Disability Act responsible for performing obligations for the person under chapter 2 , part 1 of that Act.","sortOrder":956},{"sectionNumber":"ch.16-pt.2-div.6","sectionType":"division","heading":"Procedural provisions for ch 12 proceedings","content":"## Procedural provisions for ch 12 proceedings","sortOrder":957},{"sectionNumber":"sec.724","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.724 Application of sdiv 1\n\nThis subdivision applies to an application made to the tribunal under chapter 12 .","sortOrder":958},{"sectionNumber":"sec.725","sectionType":"section","heading":"Approved form","content":"### sec.725 Approved form\n\nThe application must be made in the approved form.","sortOrder":959},{"sectionNumber":"sec.726","sectionType":"section","heading":"Frivolous or vexatious application","content":"### sec.726 Frivolous or vexatious application\n\nIf the application is made by the person who is the subject of the proceeding or an interested person for the person, the president may dismiss the application if the president is satisfied the application is frivolous or vexatious.\nThe president may dismiss an application under this section without a hearing.\n(sec.726-ssec.1) If the application is made by the person who is the subject of the proceeding or an interested person for the person, the president may dismiss the application if the president is satisfied the application is frivolous or vexatious.\n(sec.726-ssec.2) The president may dismiss an application under this section without a hearing.","sortOrder":960},{"sectionNumber":"sec.727","sectionType":"section","heading":"Hearing of application","content":"### sec.727 Hearing of application\n\nThe tribunal must hear the application—\nfor an application under chapter 12 , part 8 for an examination authority or chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person if a certificate under section 237 (3) is in force for the person—as soon as practicable after the application is made; or\nfor any other application under chapter 12 , part 9 , division 1 —within 14 days after the application is made; or\nfor any other application—within 28 days after the application is made.\n- (a) for an application under chapter 12 , part 8 for an examination authority or chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person if a certificate under section 237 (3) is in force for the person—as soon as practicable after the application is made; or\n- (b) for any other application under chapter 12 , part 9 , division 1 —within 14 days after the application is made; or\n- (c) for any other application—within 28 days after the application is made.","sortOrder":961},{"sectionNumber":"sec.728","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.728 Application of sdiv 2\n\nThis subdivision applies if—\nthe administrator of an authorised mental health service is responsible for a person (the relevant person ) subject to a treatment authority or treatment support order; and\nwithin 7 days before the hearing of a periodic review under chapter 12 (the scheduled review ) of the treatment authority or treatment support order—\nthe relevant person becomes a patient required to return; and\nthe relevant person’s treating health service can not locate the person.\nThis subdivision also applies if—\nan authorised mental health service or the forensic disability service is responsible for a person (also the relevant person ) subject to a forensic order (mental health) or forensic order (disability); and\nwithin 14 days before the hearing of a periodic review under chapter 12 (also the scheduled review ) of the forensic order—\nif an authorised mental health service is responsible for the relevant person—the relevant person is a patient required to return and the service can not locate the person; or\nif the forensic disability service is responsible for the relevant person—the relevant person is a person to whom the Forensic Disability Act , section 113 applies and the forensic disability service can not locate the person.\n(sec.728-ssec.1) This subdivision applies if— the administrator of an authorised mental health service is responsible for a person (the relevant person ) subject to a treatment authority or treatment support order; and within 7 days before the hearing of a periodic review under chapter 12 (the scheduled review ) of the treatment authority or treatment support order— the relevant person becomes a patient required to return; and the relevant person’s treating health service can not locate the person.\n(sec.728-ssec.2) This subdivision also applies if— an authorised mental health service or the forensic disability service is responsible for a person (also the relevant person ) subject to a forensic order (mental health) or forensic order (disability); and within 14 days before the hearing of a periodic review under chapter 12 (also the scheduled review ) of the forensic order— if an authorised mental health service is responsible for the relevant person—the relevant person is a patient required to return and the service can not locate the person; or if the forensic disability service is responsible for the relevant person—the relevant person is a person to whom the Forensic Disability Act , section 113 applies and the forensic disability service can not locate the person.\n- (a) the administrator of an authorised mental health service is responsible for a person (the relevant person ) subject to a treatment authority or treatment support order; and\n- (b) within 7 days before the hearing of a periodic review under chapter 12 (the scheduled review ) of the treatment authority or treatment support order— (i) the relevant person becomes a patient required to return; and (ii) the relevant person’s treating health service can not locate the person.\n- (i) the relevant person becomes a patient required to return; and\n- (ii) the relevant person’s treating health service can not locate the person.\n- (i) the relevant person becomes a patient required to return; and\n- (ii) the relevant person’s treating health service can not locate the person.\n- (a) an authorised mental health service or the forensic disability service is responsible for a person (also the relevant person ) subject to a forensic order (mental health) or forensic order (disability); and\n- (b) within 14 days before the hearing of a periodic review under chapter 12 (also the scheduled review ) of the forensic order— (i) if an authorised mental health service is responsible for the relevant person—the relevant person is a patient required to return and the service can not locate the person; or (ii) if the forensic disability service is responsible for the relevant person—the relevant person is a person to whom the Forensic Disability Act , section 113 applies and the forensic disability service can not locate the person.\n- (i) if an authorised mental health service is responsible for the relevant person—the relevant person is a patient required to return and the service can not locate the person; or\n- (ii) if the forensic disability service is responsible for the relevant person—the relevant person is a person to whom the Forensic Disability Act , section 113 applies and the forensic disability service can not locate the person.\n- (i) if an authorised mental health service is responsible for the relevant person—the relevant person is a patient required to return and the service can not locate the person; or\n- (ii) if the forensic disability service is responsible for the relevant person—the relevant person is a person to whom the Forensic Disability Act , section 113 applies and the forensic disability service can not locate the person.","sortOrder":962},{"sectionNumber":"sec.729","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sec.729 Definitions for sdiv 2\n\nIn this subdivision—\nrelevant person see section 728 (1) (a) and (2) (a) .\nscheduled review see section 728 (1) (b) and (2) (b) .","sortOrder":963},{"sectionNumber":"sec.730","sectionType":"section","heading":"Adjournment of hearing","content":"### sec.730 Adjournment of hearing\n\nThe administrator of the relevant person’s treating health service or of the forensic disability service must give the tribunal written notice of the relevant person’s absence.\nWhen the tribunal receives the notice—\nthe tribunal may adjourn the hearing of the scheduled review; and\nthe requirement for the tribunal to conduct the scheduled review under chapter 12 , part 2 , 3 or 5 stops applying.\ns 730 amd 2017 No. 3 s 45\n(sec.730-ssec.1) The administrator of the relevant person’s treating health service or of the forensic disability service must give the tribunal written notice of the relevant person’s absence.\n(sec.730-ssec.2) When the tribunal receives the notice— the tribunal may adjourn the hearing of the scheduled review; and the requirement for the tribunal to conduct the scheduled review under chapter 12 , part 2 , 3 or 5 stops applying. s 730 amd 2017 No. 3 s 45\n- (a) the tribunal may adjourn the hearing of the scheduled review; and\n- (b) the requirement for the tribunal to conduct the scheduled review under chapter 12 , part 2 , 3 or 5 stops applying.","sortOrder":964},{"sectionNumber":"sec.731","sectionType":"section","heading":"Hearing of scheduled review to be conducted on relevant person’s return","content":"### sec.731 Hearing of scheduled review to be conducted on relevant person’s return\n\nOn the return of the relevant person to the person’s treating health service or the forensic disability service, the administrator of the person’s treating health service or of the forensic disability service must give the tribunal written notice of the person’s return.\nIf the tribunal has adjourned the hearing of the scheduled review under section 730 , the tribunal must, within 21 days after the day it receives the notice, hear the scheduled review.\ns 731 amd 2017 No. 3 s 46\n(sec.731-ssec.1) On the return of the relevant person to the person’s treating health service or the forensic disability service, the administrator of the person’s treating health service or of the forensic disability service must give the tribunal written notice of the person’s return.\n(sec.731-ssec.2) If the tribunal has adjourned the hearing of the scheduled review under section 730 , the tribunal must, within 21 days after the day it receives the notice, hear the scheduled review.","sortOrder":965},{"sectionNumber":"ch.16-pt.2-div.7","sectionType":"division","heading":"General procedural provisions","content":"## General procedural provisions","sortOrder":966},{"sectionNumber":"sec.732","sectionType":"section","heading":"Application of div 7","content":"### sec.732 Application of div 7\n\nThis division applies to any proceeding in the tribunal under this Act.","sortOrder":967},{"sectionNumber":"sec.733","sectionType":"section","heading":"Conducting proceedings generally","content":"### sec.733 Conducting proceedings generally\n\nThe procedure for a proceeding is at the discretion of the tribunal, subject to this Act and the tribunal rules.\nIn all proceedings, the tribunal must act fairly and according to the substantial merits of the case.\nIn conducting a proceeding, the tribunal—\nmust observe the rules of natural justice; and\nmust act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the matters before the tribunal; and\nis not bound by the rules of evidence; and\nmay inform itself on a matter in a way it considers appropriate; and\nmust ensure, to the extent practicable, all relevant material is disclosed to the tribunal to enable it to decide the proceeding with all the relevant facts.\n(sec.733-ssec.1) The procedure for a proceeding is at the discretion of the tribunal, subject to this Act and the tribunal rules.\n(sec.733-ssec.2) In all proceedings, the tribunal must act fairly and according to the substantial merits of the case.\n(sec.733-ssec.3) In conducting a proceeding, the tribunal— must observe the rules of natural justice; and must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the matters before the tribunal; and is not bound by the rules of evidence; and may inform itself on a matter in a way it considers appropriate; and must ensure, to the extent practicable, all relevant material is disclosed to the tribunal to enable it to decide the proceeding with all the relevant facts.\n- (a) must observe the rules of natural justice; and\n- (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the matters before the tribunal; and\n- (c) is not bound by the rules of evidence; and\n- (d) may inform itself on a matter in a way it considers appropriate; and\n- (e) must ensure, to the extent practicable, all relevant material is disclosed to the tribunal to enable it to decide the proceeding with all the relevant facts.","sortOrder":968},{"sectionNumber":"sec.734","sectionType":"section","heading":"Presentation of party’s case and inspection of documents","content":"### sec.734 Presentation of party’s case and inspection of documents\n\nA party to a proceeding must be given a reasonable opportunity to present the party’s case and, in particular, to inspect a document to which the tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions about the document.\nHowever, subsection (1) does not apply to the extent a party’s inspection of a document would contravene a confidentiality order or section 743 .\n(sec.734-ssec.1) A party to a proceeding must be given a reasonable opportunity to present the party’s case and, in particular, to inspect a document to which the tribunal proposes to have regard in reaching a decision in the proceeding and to make submissions about the document.\n(sec.734-ssec.2) However, subsection (1) does not apply to the extent a party’s inspection of a document would contravene a confidentiality order or section 743 .","sortOrder":969},{"sectionNumber":"sec.735","sectionType":"section","heading":"Matters to be stated in notice of hearing","content":"### sec.735 Matters to be stated in notice of hearing\n\nIf the tribunal is required to give stated persons notice of the hearing of a proceeding, the notice must state the following—\nthe nature of the hearing;\nthe time and place of the hearing;\nthe rights at the hearing of the person who is the subject of the proceeding.\n- (a) the nature of the hearing;\n- (b) the time and place of the hearing;\n- (c) the rights at the hearing of the person who is the subject of the proceeding.","sortOrder":970},{"sectionNumber":"sec.736","sectionType":"section","heading":"Right to appear","content":"### sec.736 Right to appear\n\nA person who is entitled be given notice of the hearing of a proceeding has a right to appear in person at the hearing.\nAlso, without limiting subsection (1) , the chief psychiatrist may, with the leave of the tribunal, appear in person at the hearing of a proceeding.\nHowever, despite subsection (1) , the following persons do not have a right to appear in person at the hearing of a proceeding—\nthe administrator of an authorised mental health service;\nthe administrator of the forensic disability service;\na person who is given notice of the hearing of the proceeding under section 287 .\nSubsection (3) (a) does not apply in relation to an application for an examination authority made under section 502 by an administrator of an authorised mental health service or a person authorised in writing by an administrator of an authorised mental health service.\ns 736 amd 2017 No. 3 s 47\n(sec.736-ssec.1) A person who is entitled be given notice of the hearing of a proceeding has a right to appear in person at the hearing.\n(sec.736-ssec.2) Also, without limiting subsection (1) , the chief psychiatrist may, with the leave of the tribunal, appear in person at the hearing of a proceeding.\n(sec.736-ssec.3) However, despite subsection (1) , the following persons do not have a right to appear in person at the hearing of a proceeding— the administrator of an authorised mental health service; the administrator of the forensic disability service; a person who is given notice of the hearing of the proceeding under section 287 .\n(sec.736-ssec.4) Subsection (3) (a) does not apply in relation to an application for an examination authority made under section 502 by an administrator of an authorised mental health service or a person authorised in writing by an administrator of an authorised mental health service. s 736 amd 2017 No. 3 s 47\n- (a) the administrator of an authorised mental health service;\n- (b) the administrator of the forensic disability service;\n- (c) a person who is given notice of the hearing of the proceeding under section 287 .","sortOrder":971},{"sectionNumber":"sec.737","sectionType":"section","heading":"Attorney-General to give notice of intention to appear","content":"### sec.737 Attorney-General to give notice of intention to appear\n\nThis section applies in relation to the hearing of the following proceedings—\na review under chapter 12 , part 3 , 4 or 6 ;\nan application under chapter 12 , part 10 .\nThe Attorney-General may be represented at the hearing of the proceeding by a lawyer.\nIf the Attorney-General intends to appear or be represented at the hearing of the proceeding, the Attorney-General must, as soon as practicable and not later than 7 days before the hearing, give written notice to the tribunal.\nThe Attorney-General’s role at the hearing of the proceeding is to represent the public interest.\n(sec.737-ssec.1) This section applies in relation to the hearing of the following proceedings— a review under chapter 12 , part 3 , 4 or 6 ; an application under chapter 12 , part 10 .\n(sec.737-ssec.2) The Attorney-General may be represented at the hearing of the proceeding by a lawyer.\n(sec.737-ssec.3) If the Attorney-General intends to appear or be represented at the hearing of the proceeding, the Attorney-General must, as soon as practicable and not later than 7 days before the hearing, give written notice to the tribunal.\n(sec.737-ssec.4) The Attorney-General’s role at the hearing of the proceeding is to represent the public interest.\n- (a) a review under chapter 12 , part 3 , 4 or 6 ;\n- (b) an application under chapter 12 , part 10 .","sortOrder":972},{"sectionNumber":"sec.738","sectionType":"section","heading":"Disclosure of documents to be relied on in hearing","content":"### sec.738 Disclosure of documents to be relied on in hearing\n\nIf a party to a proceeding intends to rely on a document in the hearing of the proceeding, the party must give a copy of the document to each other party to the proceeding at least 3 days before the hearing.\nHowever, if the party intends to apply to the tribunal for a confidentiality order in relation to a document, the party—\nis not required to give a copy of the document under subsection (1) to the person the subject of the proceeding; and\nif the person is represented by a lawyer or another person—must give a copy of the document to the lawyer or other person.\nIn this section—\ndocument does not include a victim impact statement.\n(sec.738-ssec.1) If a party to a proceeding intends to rely on a document in the hearing of the proceeding, the party must give a copy of the document to each other party to the proceeding at least 3 days before the hearing.\n(sec.738-ssec.2) However, if the party intends to apply to the tribunal for a confidentiality order in relation to a document, the party— is not required to give a copy of the document under subsection (1) to the person the subject of the proceeding; and if the person is represented by a lawyer or another person—must give a copy of the document to the lawyer or other person.\n(sec.738-ssec.3) In this section— document does not include a victim impact statement.\n- (a) is not required to give a copy of the document under subsection (1) to the person the subject of the proceeding; and\n- (b) if the person is represented by a lawyer or another person—must give a copy of the document to the lawyer or other person.","sortOrder":973},{"sectionNumber":"sec.739","sectionType":"section","heading":"Right of representation and support","content":"### sec.739 Right of representation and support\n\nThe person who is the subject of a proceeding may be represented at the hearing of the proceeding by a nominated support person, a lawyer or another person.\nAlso, the person who is the subject of a proceeding may be accompanied at the hearing of the proceeding by—\n1 member of the person’s support network; or\nwith the tribunal’s leave, more than 1 member of the person’s support network.\nSee section 763 for the tribunal’s power to exclude a person from a tribunal proceeding.\nA person who represents the person at the hearing of a proceeding must—\nto the extent the person is able to express the person’s views, wishes and preferences—represent the person’s views, wishes and preferences; and\nto the extent the person is unable to express the person’s views, wishes and preferences—represent the person’s best interests.\nIn this section—\nsupport network , of a person, means—\nthe person’s nominated support persons, if any; or\nthe person’s family, carers and other support persons.\n(sec.739-ssec.1) The person who is the subject of a proceeding may be represented at the hearing of the proceeding by a nominated support person, a lawyer or another person.\n(sec.739-ssec.2) Also, the person who is the subject of a proceeding may be accompanied at the hearing of the proceeding by— 1 member of the person’s support network; or with the tribunal’s leave, more than 1 member of the person’s support network. See section 763 for the tribunal’s power to exclude a person from a tribunal proceeding.\n(sec.739-ssec.3) A person who represents the person at the hearing of a proceeding must— to the extent the person is able to express the person’s views, wishes and preferences—represent the person’s views, wishes and preferences; and to the extent the person is unable to express the person’s views, wishes and preferences—represent the person’s best interests.\n(sec.739-ssec.4) In this section— support network , of a person, means— the person’s nominated support persons, if any; or the person’s family, carers and other support persons.\n- (a) 1 member of the person’s support network; or\n- (b) with the tribunal’s leave, more than 1 member of the person’s support network.\n- (a) to the extent the person is able to express the person’s views, wishes and preferences—represent the person’s views, wishes and preferences; and\n- (b) to the extent the person is unable to express the person’s views, wishes and preferences—represent the person’s best interests.\n- (a) the person’s nominated support persons, if any; or\n- (b) the person’s family, carers and other support persons.","sortOrder":974},{"sectionNumber":"sec.740","sectionType":"section","heading":"Appointment of representative","content":"### sec.740 Appointment of representative\n\nThis section applies if the person the subject of a proceeding is not represented by a lawyer or another person at the hearing of the proceeding.\nThe tribunal may appoint a lawyer or another person (the appointed representative ) to represent the person if the tribunal considers it would be in the person’s best interests to be represented at the hearing.\nAlso, the tribunal must appoint a lawyer (also an appointed representative ) to represent the person at the hearing if—\nthe person is a minor; or\nthe hearing is—\nfor a review under chapter 12 , part 6 of the person’s fitness for trial;\nfor an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on the person;\nanother hearing prescribed by regulation; or\nthe Attorney-General is to appear or be represented at the hearing.\nIf the person is an adult with capacity, the person may waive the right to be represented by the appointed representative—\nin writing; or\nif the tribunal is satisfied it would not cause injustice to the person—in another way.\nFor subsection (4) , the person has capacity to waive the right if the person has the ability to—\nunderstand the nature and effect of the decision to waive the right; and\nfreely and voluntarily make the decision to waive the right; and\ncommunicate the decision to waive the right.\nThe appointment of a lawyer as the person’s appointed representative under subsection (2) or (3) is at no cost to the person.\ns 740 amd 2022 No. 1 s 98 ; 2023 No. 9 s 15\n(sec.740-ssec.1) This section applies if the person the subject of a proceeding is not represented by a lawyer or another person at the hearing of the proceeding.\n(sec.740-ssec.2) The tribunal may appoint a lawyer or another person (the appointed representative ) to represent the person if the tribunal considers it would be in the person’s best interests to be represented at the hearing.\n(sec.740-ssec.3) Also, the tribunal must appoint a lawyer (also an appointed representative ) to represent the person at the hearing if— the person is a minor; or the hearing is— for a review under chapter 12 , part 6 of the person’s fitness for trial; for an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on the person; another hearing prescribed by regulation; or the Attorney-General is to appear or be represented at the hearing.\n(sec.740-ssec.4) If the person is an adult with capacity, the person may waive the right to be represented by the appointed representative— in writing; or if the tribunal is satisfied it would not cause injustice to the person—in another way.\n(sec.740-ssec.5) For subsection (4) , the person has capacity to waive the right if the person has the ability to— understand the nature and effect of the decision to waive the right; and freely and voluntarily make the decision to waive the right; and communicate the decision to waive the right.\n(sec.740-ssec.6) The appointment of a lawyer as the person’s appointed representative under subsection (2) or (3) is at no cost to the person.\n- (a) the person is a minor; or\n- (b) the hearing is— (i) for a review under chapter 12 , part 6 of the person’s fitness for trial; (ii) for an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on the person; (iii) another hearing prescribed by regulation; or\n- (i) for a review under chapter 12 , part 6 of the person’s fitness for trial;\n- (ii) for an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on the person;\n- (iii) another hearing prescribed by regulation; or\n- (c) the Attorney-General is to appear or be represented at the hearing.\n- (i) for a review under chapter 12 , part 6 of the person’s fitness for trial;\n- (ii) for an application under chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on the person;\n- (iii) another hearing prescribed by regulation; or\n- (a) in writing; or\n- (b) if the tribunal is satisfied it would not cause injustice to the person—in another way.\n- (a) understand the nature and effect of the decision to waive the right; and\n- (b) freely and voluntarily make the decision to waive the right; and\n- (c) communicate the decision to waive the right.","sortOrder":975},{"sectionNumber":"sec.741","sectionType":"section","heading":"Hearing not open to public","content":"### sec.741 Hearing not open to public\n\nA hearing of a proceeding must not be open to the public unless the tribunal, by order, directs that the hearing or part of the hearing be open to the public.\nHowever, the tribunal must not make an order directing that a hearing be open to the public if the person the subject of the hearing is a minor.\nAlso, the tribunal may make an order directing that a hearing or part of a hearing be open to the public only if the tribunal is satisfied—\nthe person the subject of the hearing, or a lawyer or other representative of the person, has agreed to the order; and\nthe order will not result in serious harm to the person’s health or risk the safety of anyone else.\nA person (an observer ) may attend a hearing that is not open to the public under this section to observe the hearing if—\nthe president gives approval for the observer’s attendance at the hearing; and\nthe person the subject of the hearing has agreed to the observer’s attendance.\nHowever, the president may not give approval for an observer’s attendance at the hearing if the person the subject of the hearing is a minor.\n(sec.741-ssec.1) A hearing of a proceeding must not be open to the public unless the tribunal, by order, directs that the hearing or part of the hearing be open to the public.\n(sec.741-ssec.2) However, the tribunal must not make an order directing that a hearing be open to the public if the person the subject of the hearing is a minor.\n(sec.741-ssec.3) Also, the tribunal may make an order directing that a hearing or part of a hearing be open to the public only if the tribunal is satisfied— the person the subject of the hearing, or a lawyer or other representative of the person, has agreed to the order; and the order will not result in serious harm to the person’s health or risk the safety of anyone else.\n(sec.741-ssec.4) A person (an observer ) may attend a hearing that is not open to the public under this section to observe the hearing if— the president gives approval for the observer’s attendance at the hearing; and the person the subject of the hearing has agreed to the observer’s attendance.\n(sec.741-ssec.5) However, the president may not give approval for an observer’s attendance at the hearing if the person the subject of the hearing is a minor.\n- (a) the person the subject of the hearing, or a lawyer or other representative of the person, has agreed to the order; and\n- (b) the order will not result in serious harm to the person’s health or risk the safety of anyone else.\n- (a) the president gives approval for the observer’s attendance at the hearing; and\n- (b) the person the subject of the hearing has agreed to the observer’s attendance.","sortOrder":976},{"sectionNumber":"sec.742","sectionType":"section","heading":"Victim impact statement","content":"### sec.742 Victim impact statement\n\nFor the hearing of a review of a forensic order or treatment support order, a victim of the relevant unlawful act, or a close relative of the victim, may give the tribunal a victim impact statement in relation to the act.\nThe victim impact statement may include a request by the victim or close relative that the tribunal impose a condition on the forensic order or treatment support order that the person must not contact—\nthe victim or close relative; or\nanother individual, including, for example, another close relative of the victim.\nFor this section, it does not matter whether the victim or the close relative has previously—\nprepared a victim impact statement for the Mental Health Court in relation to the relevant unlawful act; or\ngiven the tribunal a victim impact statement in relation to the relevant unlawful act.\n(sec.742-ssec.1) For the hearing of a review of a forensic order or treatment support order, a victim of the relevant unlawful act, or a close relative of the victim, may give the tribunal a victim impact statement in relation to the act.\n(sec.742-ssec.2) The victim impact statement may include a request by the victim or close relative that the tribunal impose a condition on the forensic order or treatment support order that the person must not contact— the victim or close relative; or another individual, including, for example, another close relative of the victim.\n(sec.742-ssec.3) For this section, it does not matter whether the victim or the close relative has previously— prepared a victim impact statement for the Mental Health Court in relation to the relevant unlawful act; or given the tribunal a victim impact statement in relation to the relevant unlawful act.\n- (a) the victim or close relative; or\n- (b) another individual, including, for example, another close relative of the victim.\n- (a) prepared a victim impact statement for the Mental Health Court in relation to the relevant unlawful act; or\n- (b) given the tribunal a victim impact statement in relation to the relevant unlawful act.","sortOrder":977},{"sectionNumber":"sec.743","sectionType":"section","heading":"Restrictions on disclosing victim impact statement","content":"### sec.743 Restrictions on disclosing victim impact statement\n\nThe tribunal must not disclose the victim impact statement to the person the subject of the review unless the victim or close relative asks that the statement be disclosed to the person.\nDespite a request mentioned in subsection (1) , the tribunal may, by order, prohibit the disclosure of the victim impact statement to the person if satisfied the disclosure may adversely affect the health and wellbeing of the person.\nA person must not contravene an order made under subsection (2) unless the person has a reasonable excuse.\nMaximum penalty—200 penalty units.\nThis section does not prevent the tribunal disclosing the victim impact statement to a lawyer of the person the subject of the review if satisfied the disclosure is in the best interests of the person.\nSubject to subsection (3) , the person’s lawyer may disclose the victim impact statement to the person only if the victim or close relative asks that the statement be disclosed to the person.\nThe person’s lawyer must not disclose the victim impact statement to the person in contravention of subsection (5) unless the lawyer has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIn this section—\nlawyer , of a person, includes another representative of the person.\n(sec.743-ssec.1) The tribunal must not disclose the victim impact statement to the person the subject of the review unless the victim or close relative asks that the statement be disclosed to the person.\n(sec.743-ssec.2) Despite a request mentioned in subsection (1) , the tribunal may, by order, prohibit the disclosure of the victim impact statement to the person if satisfied the disclosure may adversely affect the health and wellbeing of the person.\n(sec.743-ssec.3) A person must not contravene an order made under subsection (2) unless the person has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.743-ssec.4) This section does not prevent the tribunal disclosing the victim impact statement to a lawyer of the person the subject of the review if satisfied the disclosure is in the best interests of the person.\n(sec.743-ssec.5) Subject to subsection (3) , the person’s lawyer may disclose the victim impact statement to the person only if the victim or close relative asks that the statement be disclosed to the person.\n(sec.743-ssec.6) The person’s lawyer must not disclose the victim impact statement to the person in contravention of subsection (5) unless the lawyer has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.743-ssec.7) In this section— lawyer , of a person, includes another representative of the person.","sortOrder":978},{"sectionNumber":"sec.744","sectionType":"section","heading":"Requiring witness to attend or produce document or thing","content":"### sec.744 Requiring witness to attend or produce document or thing\n\nThe tribunal may, by written notice given to a person (an attendance notice ), require the person to—\nattend the hearing of a proceeding at a stated time and place to give evidence; or\nproduce a stated document or thing that is relevant to the hearing.\na medical report or clinical file for the person the subject of the proceeding\nSee section 760 for the consequences of failing to comply with an attendance notice.\nThe tribunal may—\nrequire the evidence to be given on oath; or\nallow a person appearing as a witness at the hearing to give information by tendering a written statement, verified, if the tribunal directs, by oath.\nFor subsection (2) (a) , the tribunal may administer an oath.\n(sec.744-ssec.1) The tribunal may, by written notice given to a person (an attendance notice ), require the person to— attend the hearing of a proceeding at a stated time and place to give evidence; or produce a stated document or thing that is relevant to the hearing. a medical report or clinical file for the person the subject of the proceeding See section 760 for the consequences of failing to comply with an attendance notice.\n(sec.744-ssec.2) The tribunal may— require the evidence to be given on oath; or allow a person appearing as a witness at the hearing to give information by tendering a written statement, verified, if the tribunal directs, by oath.\n(sec.744-ssec.3) For subsection (2) (a) , the tribunal may administer an oath.\n- (a) attend the hearing of a proceeding at a stated time and place to give evidence; or\n- (b) produce a stated document or thing that is relevant to the hearing. Examples of a document that may be relevant to a hearing— a medical report or clinical file for the person the subject of the proceeding\n- (a) require the evidence to be given on oath; or\n- (b) allow a person appearing as a witness at the hearing to give information by tendering a written statement, verified, if the tribunal directs, by oath.","sortOrder":979},{"sectionNumber":"sec.745","sectionType":"section","heading":"Tribunal to allow party to call or give evidence","content":"### sec.745 Tribunal to allow party to call or give evidence\n\nIn a proceeding, the tribunal must allow a party to the proceeding to call or give any evidence.","sortOrder":980},{"sectionNumber":"sec.746","sectionType":"section","heading":"Proceeding by remote conferencing or on the papers","content":"### sec.746 Proceeding by remote conferencing or on the papers\n\nThe tribunal may, if appropriate, conduct all or a part of a proceeding by remote conferencing.\nAlso, for the hearing of a proceeding for a review of a treatment authority, the tribunal may conduct all or a part of the proceeding entirely on the basis of documents, without the parties, their representatives or witnesses appearing at the hearing, if the person subject to the treatment authority does not wish to attend or be represented by another person at the hearing.\nProvisions of this Act applying to a hearing apply with necessary changes in relation to a proceeding conducted under subsection (1) or (2) .\nIf a hearing is conducted under subsection (1) or (2) , section 741 continues to apply to the proceeding as if the parties to the proceeding were present before the tribunal.\nIf a hearing is conducted under subsection (2) , section 418 will have no application.\n(sec.746-ssec.1) The tribunal may, if appropriate, conduct all or a part of a proceeding by remote conferencing.\n(sec.746-ssec.2) Also, for the hearing of a proceeding for a review of a treatment authority, the tribunal may conduct all or a part of the proceeding entirely on the basis of documents, without the parties, their representatives or witnesses appearing at the hearing, if the person subject to the treatment authority does not wish to attend or be represented by another person at the hearing.\n(sec.746-ssec.3) Provisions of this Act applying to a hearing apply with necessary changes in relation to a proceeding conducted under subsection (1) or (2) .\n- 1 If a hearing is conducted under subsection (1) or (2) , section 741 continues to apply to the proceeding as if the parties to the proceeding were present before the tribunal.\n- 2 If a hearing is conducted under subsection (2) , section 418 will have no application.","sortOrder":981},{"sectionNumber":"sec.747","sectionType":"section","heading":"Proceeding in absence of involuntary patient","content":"### sec.747 Proceeding in absence of involuntary patient\n\nThis section applies to a proceeding in relation to an involuntary patient for whom an authorised mental health service or the forensic disability service is responsible.\nThe tribunal may hear the proceeding in the absence of the patient if the tribunal considers—\neither—\nthe administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or\nthe patient is unfit to appear; and\nit is appropriate and expedient to do so.\nSubsection (2) has effect despite division 7 , subdivision 1 .\n(sec.747-ssec.1) This section applies to a proceeding in relation to an involuntary patient for whom an authorised mental health service or the forensic disability service is responsible.\n(sec.747-ssec.2) The tribunal may hear the proceeding in the absence of the patient if the tribunal considers— either— the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or the patient is unfit to appear; and it is appropriate and expedient to do so.\n(sec.747-ssec.3) Subsection (2) has effect despite division 7 , subdivision 1 .\n- (a) either— (i) the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or (ii) the patient is unfit to appear; and\n- (i) the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or\n- (ii) the patient is unfit to appear; and\n- (b) it is appropriate and expedient to do so.\n- (i) the administrator of the service responsible for the patient has taken reasonable steps to ensure the patient attends the hearing of the proceeding and the patient is absent because of the patient’s own free will; or\n- (ii) the patient is unfit to appear; and","sortOrder":982},{"sectionNumber":"sec.748","sectionType":"section","heading":"Conducting hearings of proceedings at same time","content":"### sec.748 Conducting hearings of proceedings at same time\n\nNothing in this chapter prevents the tribunal hearing different proceedings under this Act that relate to the same person at the same time.\nWithout limiting subsection (1) , the tribunal may conduct the hearings of more than 1 review under chapter 12 that relate to the same person at the same time.\nhearing an applicant review of a forensic order for a person at the same time as a periodic review of the forensic order for the person\nhearing a periodic review of a forensic order for a person at the same time as a review of the person’s fitness for trial\nIn deciding whether to conduct more than 1 hearing for the same person at the same time, the tribunal must have regard to whether it is in the person’s best interests to do so.\n(sec.748-ssec.1) Nothing in this chapter prevents the tribunal hearing different proceedings under this Act that relate to the same person at the same time.\n(sec.748-ssec.2) Without limiting subsection (1) , the tribunal may conduct the hearings of more than 1 review under chapter 12 that relate to the same person at the same time. hearing an applicant review of a forensic order for a person at the same time as a periodic review of the forensic order for the person hearing a periodic review of a forensic order for a person at the same time as a review of the person’s fitness for trial\n(sec.748-ssec.3) In deciding whether to conduct more than 1 hearing for the same person at the same time, the tribunal must have regard to whether it is in the person’s best interests to do so.\n- • hearing an applicant review of a forensic order for a person at the same time as a periodic review of the forensic order for the person\n- • hearing a periodic review of a forensic order for a person at the same time as a review of the person’s fitness for trial","sortOrder":983},{"sectionNumber":"sec.749","sectionType":"section","heading":"Adjourning hearing of proceeding","content":"### sec.749 Adjourning hearing of proceeding\n\nThe tribunal may adjourn the hearing of a proceeding for—\nif the adjournment is for the purpose of obtaining an examination report under section 721 and the president has approved that the hearing be adjourned for more than 28 days—the period approved by the president; or\notherwise—a period of not more than 28 days.\n- (a) if the adjournment is for the purpose of obtaining an examination report under section 721 and the president has approved that the hearing be adjourned for more than 28 days—the period approved by the president; or\n- (b) otherwise—a period of not more than 28 days.","sortOrder":984},{"sectionNumber":"sec.750","sectionType":"section","heading":"Appointing assistant","content":"### sec.750 Appointing assistant\n\nThe tribunal may appoint a person with appropriate knowledge or experience to assist it in a proceeding, including, for example—\na person with appropriate communication skills or appropriate cultural or social knowledge or experience; or\na person with expertise in the care of persons with an intellectual disability.\n- (a) a person with appropriate communication skills or appropriate cultural or social knowledge or experience; or\n- (b) a person with expertise in the care of persons with an intellectual disability.","sortOrder":985},{"sectionNumber":"sec.751","sectionType":"section","heading":"Dealing with documents or other things","content":"### sec.751 Dealing with documents or other things\n\nIf a document or other thing is produced to the tribunal in a proceeding, the tribunal may—\ninspect the document or thing; and\nmake copies of, photograph, or take extracts from, the document or thing if it is relevant to the proceeding.\nThe tribunal may also keep the document or thing while it is necessary for the proceeding.\nWhile the tribunal keeps the document or other thing, the tribunal must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at the reasonable time and place the tribunal decides.\n(sec.751-ssec.1) If a document or other thing is produced to the tribunal in a proceeding, the tribunal may— inspect the document or thing; and make copies of, photograph, or take extracts from, the document or thing if it is relevant to the proceeding.\n(sec.751-ssec.2) The tribunal may also keep the document or thing while it is necessary for the proceeding.\n(sec.751-ssec.3) While the tribunal keeps the document or other thing, the tribunal must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at the reasonable time and place the tribunal decides.\n- (a) inspect the document or thing; and\n- (b) make copies of, photograph, or take extracts from, the document or thing if it is relevant to the proceeding.","sortOrder":986},{"sectionNumber":"sec.752","sectionType":"section","heading":"Way questions decided","content":"### sec.752 Way questions decided\n\nThe tribunal’s decision on a question of law arising in a proceeding is the decision of the presiding member on the question.\nHowever, if the tribunal is constituted by 1 member who is not a lawyer—\nthe member must refer the question of law to another member who is a lawyer to decide; and\nthe other member must decide the question; and\nfor subsection (1) , the decision of the other member is taken to be the decision of the presiding member.\nIf the members constituting the tribunal in a proceeding are divided in opinion about the decision to be made on another question in the proceeding, the tribunal’s decision on the question is—\nif there is a majority of the same opinion—the decision of the majority; or\notherwise—the decision of the presiding member.\n(sec.752-ssec.1) The tribunal’s decision on a question of law arising in a proceeding is the decision of the presiding member on the question.\n(sec.752-ssec.2) However, if the tribunal is constituted by 1 member who is not a lawyer— the member must refer the question of law to another member who is a lawyer to decide; and the other member must decide the question; and for subsection (1) , the decision of the other member is taken to be the decision of the presiding member.\n(sec.752-ssec.3) If the members constituting the tribunal in a proceeding are divided in opinion about the decision to be made on another question in the proceeding, the tribunal’s decision on the question is— if there is a majority of the same opinion—the decision of the majority; or otherwise—the decision of the presiding member.\n- (a) the member must refer the question of law to another member who is a lawyer to decide; and\n- (b) the other member must decide the question; and\n- (c) for subsection (1) , the decision of the other member is taken to be the decision of the presiding member.\n- (a) if there is a majority of the same opinion—the decision of the majority; or\n- (b) otherwise—the decision of the presiding member.","sortOrder":987},{"sectionNumber":"sec.753","sectionType":"section","heading":"Referring question of law to Mental Health Court","content":"### sec.753 Referring question of law to Mental Health Court\n\nThe president may refer a question of law in a proceeding before the tribunal to the Mental Health Court.\nA referral under subsection (1) may be made on the application of a party to the proceeding or on the president’s own initiative.\nIf a question of law is referred to the Mental Health Court under subsection (1) —\nthe Mental Health Court may decide the question and make ancillary orders and directions; and\nthe tribunal must not make a decision about the matter to which the question relates until it receives the Mental Health Court’s decision on the question; and\nthe tribunal must not proceed in a way, or make a decision, that is inconsistent with the Mental Health Court’s decision on the question.\nIf the Mental Health Court decides a question of law referred to it under subsection (1) , the tribunal’s decision on the question is the decision of the Mental Health Court.\nThis section applies despite section 752 .\n(sec.753-ssec.1) The president may refer a question of law in a proceeding before the tribunal to the Mental Health Court.\n(sec.753-ssec.2) A referral under subsection (1) may be made on the application of a party to the proceeding or on the president’s own initiative.\n(sec.753-ssec.3) If a question of law is referred to the Mental Health Court under subsection (1) — the Mental Health Court may decide the question and make ancillary orders and directions; and the tribunal must not make a decision about the matter to which the question relates until it receives the Mental Health Court’s decision on the question; and the tribunal must not proceed in a way, or make a decision, that is inconsistent with the Mental Health Court’s decision on the question.\n(sec.753-ssec.4) If the Mental Health Court decides a question of law referred to it under subsection (1) , the tribunal’s decision on the question is the decision of the Mental Health Court.\n(sec.753-ssec.5) This section applies despite section 752 .\n- (a) the Mental Health Court may decide the question and make ancillary orders and directions; and\n- (b) the tribunal must not make a decision about the matter to which the question relates until it receives the Mental Health Court’s decision on the question; and\n- (c) the tribunal must not proceed in a way, or make a decision, that is inconsistent with the Mental Health Court’s decision on the question.","sortOrder":988},{"sectionNumber":"sec.754","sectionType":"section","heading":"Costs","content":"### sec.754 Costs\n\nEach party to a proceeding is to bear the party’s own costs of the proceeding.","sortOrder":989},{"sectionNumber":"sec.755","sectionType":"section","heading":"Notice of decision","content":"### sec.755 Notice of decision\n\nThe tribunal must, within 7 days after making its decision in a proceeding, give each person who was entitled to be given notice of the hearing of the proceeding written notice of the decision.\nThe notice must—\nstate that the person to whom the notice is given may ask the tribunal for written reasons for its decision; and\nstate the rights under this Act to appeal the tribunal’s decision.\nAlso, if a proceeding is for a review of a person’s fitness for trial under chapter 12 , part 6 , the tribunal must give the director of public prosecutions written notice of its decision.\n(sec.755-ssec.1) The tribunal must, within 7 days after making its decision in a proceeding, give each person who was entitled to be given notice of the hearing of the proceeding written notice of the decision.\n(sec.755-ssec.2) The notice must— state that the person to whom the notice is given may ask the tribunal for written reasons for its decision; and state the rights under this Act to appeal the tribunal’s decision.\n(sec.755-ssec.3) Also, if a proceeding is for a review of a person’s fitness for trial under chapter 12 , part 6 , the tribunal must give the director of public prosecutions written notice of its decision.\n- (a) state that the person to whom the notice is given may ask the tribunal for written reasons for its decision; and\n- (b) state the rights under this Act to appeal the tribunal’s decision.","sortOrder":990},{"sectionNumber":"sec.756","sectionType":"section","heading":"Written reasons for decision","content":"### sec.756 Written reasons for decision\n\nThe tribunal must, on request by a person mentioned in section 755 (1) , give the person written reasons for the tribunal’s decision.\nThe tribunal must comply with the request within 21 days after the day it receives the request.\nHowever, subsection (2) does not apply to the extent complying with the request would contravene a confidentiality order or section 743 .\nAlso, if the request is for written reasons for a decision in relation to an application for an examination authority by a person mentioned in section 502 (1) (c) , the written reasons must not disclose—\nthe contact details of the person the subject of the application; or\ninformation about the health or health care of the person the subject of the application.\ns 756 amd 2017 No. 3 s 48\n(sec.756-ssec.1) The tribunal must, on request by a person mentioned in section 755 (1) , give the person written reasons for the tribunal’s decision.\n(sec.756-ssec.2) The tribunal must comply with the request within 21 days after the day it receives the request.\n(sec.756-ssec.3) However, subsection (2) does not apply to the extent complying with the request would contravene a confidentiality order or section 743 .\n(sec.756-ssec.4) Also, if the request is for written reasons for a decision in relation to an application for an examination authority by a person mentioned in section 502 (1) (c) , the written reasons must not disclose— the contact details of the person the subject of the application; or information about the health or health care of the person the subject of the application. s 756 amd 2017 No. 3 s 48\n- (a) the contact details of the person the subject of the application; or\n- (b) information about the health or health care of the person the subject of the application.","sortOrder":991},{"sectionNumber":"sec.757","sectionType":"section","heading":"Requirement to give effect to tribunal decision","content":"### sec.757 Requirement to give effect to tribunal decision\n\nEach of the following persons must, as soon as practicable after receiving notice of the tribunal’s decision in the proceeding, ensure the tribunal’s decision is given effect—\nif an authorised mental health service is responsible for the person the subject of the proceeding—the administrator of the service;\nif the forensic disability service is responsible for the person the subject of the proceeding—the administrator of the service.\n- (a) if an authorised mental health service is responsible for the person the subject of the proceeding—the administrator of the service;\n- (b) if the forensic disability service is responsible for the person the subject of the proceeding—the administrator of the service.","sortOrder":992},{"sectionNumber":"sec.758","sectionType":"section","heading":"Publishing decision and reasons","content":"### sec.758 Publishing decision and reasons\n\nThe tribunal may publish its final decision in a proceeding and any reasons for the decision, including, for example, if the tribunal is satisfied the decision or any reasons for the decision may be used as a precedent, in a way it considers appropriate.\nHowever, the publication of the decision or reasons for the decision must not identify any person.\nAlso, the tribunal must ensure the publication of the decision or reasons does not contravene a confidentiality order or section 743 .\n(sec.758-ssec.1) The tribunal may publish its final decision in a proceeding and any reasons for the decision, including, for example, if the tribunal is satisfied the decision or any reasons for the decision may be used as a precedent, in a way it considers appropriate.\n(sec.758-ssec.2) However, the publication of the decision or reasons for the decision must not identify any person.\n(sec.758-ssec.3) Also, the tribunal must ensure the publication of the decision or reasons does not contravene a confidentiality order or section 743 .","sortOrder":993},{"sectionNumber":"sec.759","sectionType":"section","heading":"Order for missing person","content":"### sec.759 Order for missing person\n\nThis section applies if a person who is subject to a relevant order is, for a period of more than 3 years—\na patient required to return; or\na person to whom the Forensic Disability Act , section 113 applies.\nDespite subsection (1) , if the relevant order is a forensic order, this section does not apply during any non-revocation period for the order.\nThe president may revoke the relevant order for the person if the president considers, on information provided to the tribunal by the administrator of the person’s treating health service, or of the forensic disability service, that—\nthe person is unlikely to return to Queensland; or\nthe person is presumed to have died.\nThe tribunal must, within 7 days after the day the relevant order is revoked, give written notice of the revocation to—\nif an authorised mental health service is responsible for the person—the administrator of the service; or\nif the forensic disability service is responsible for the person—the administrator of the service.\nIn this section—\nrelevant order means—\na forensic order; or\na treatment support order.\n(sec.759-ssec.1) This section applies if a person who is subject to a relevant order is, for a period of more than 3 years— a patient required to return; or a person to whom the Forensic Disability Act , section 113 applies.\n(sec.759-ssec.2) Despite subsection (1) , if the relevant order is a forensic order, this section does not apply during any non-revocation period for the order.\n(sec.759-ssec.3) The president may revoke the relevant order for the person if the president considers, on information provided to the tribunal by the administrator of the person’s treating health service, or of the forensic disability service, that— the person is unlikely to return to Queensland; or the person is presumed to have died.\n(sec.759-ssec.4) The tribunal must, within 7 days after the day the relevant order is revoked, give written notice of the revocation to— if an authorised mental health service is responsible for the person—the administrator of the service; or if the forensic disability service is responsible for the person—the administrator of the service.\n(sec.759-ssec.5) In this section— relevant order means— a forensic order; or a treatment support order.\n- (a) a patient required to return; or\n- (b) a person to whom the Forensic Disability Act , section 113 applies.\n- (a) the person is unlikely to return to Queensland; or\n- (b) the person is presumed to have died.\n- (a) if an authorised mental health service is responsible for the person—the administrator of the service; or\n- (b) if the forensic disability service is responsible for the person—the administrator of the service.\n- (a) a forensic order; or\n- (b) a treatment support order.","sortOrder":994},{"sectionNumber":"ch.16-pt.2-div.8","sectionType":"division","heading":"Offences and contempt","content":"## Offences and contempt","sortOrder":995},{"sectionNumber":"sec.760","sectionType":"section","heading":"Offences by witnesses","content":"### sec.760 Offences by witnesses\n\nA person given an attendance notice must not, without reasonable excuse—\nfail to attend as required by the notice; or\nfail to continue to attend as required by the tribunal until excused from further attendance; or\nfail to produce a document or other thing the person is required to produce by the attendance notice.\nMaximum penalty—100 penalty units.\nA person appearing as a witness at a hearing of a proceeding must not—\nfail to take an oath or make an affirmation when required by the tribunal; or\nfail, without reasonable excuse, to answer a question the person is required to answer by the tribunal.\nMaximum penalty—100 penalty units.\nIt is a reasonable excuse for a person to fail to answer a question or to produce a document or other thing if answering the question or producing the document or thing might tend to incriminate the person.\n(sec.760-ssec.1) A person given an attendance notice must not, without reasonable excuse— fail to attend as required by the notice; or fail to continue to attend as required by the tribunal until excused from further attendance; or fail to produce a document or other thing the person is required to produce by the attendance notice. Maximum penalty—100 penalty units.\n(sec.760-ssec.2) A person appearing as a witness at a hearing of a proceeding must not— fail to take an oath or make an affirmation when required by the tribunal; or fail, without reasonable excuse, to answer a question the person is required to answer by the tribunal. Maximum penalty—100 penalty units.\n(sec.760-ssec.3) It is a reasonable excuse for a person to fail to answer a question or to produce a document or other thing if answering the question or producing the document or thing might tend to incriminate the person.\n- (a) fail to attend as required by the notice; or\n- (b) fail to continue to attend as required by the tribunal until excused from further attendance; or\n- (c) fail to produce a document or other thing the person is required to produce by the attendance notice.\n- (a) fail to take an oath or make an affirmation when required by the tribunal; or\n- (b) fail, without reasonable excuse, to answer a question the person is required to answer by the tribunal.","sortOrder":996},{"sectionNumber":"sec.761","sectionType":"section","heading":"False or misleading information or document","content":"### sec.761 False or misleading information or document\n\nA person must not state to the tribunal or staff member of the tribunal anything the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nA person must not give the tribunal or staff member of the tribunal a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nSubsection (2) does not apply to a person if the person, when giving the document—\ntells the tribunal or staff member of the tribunal, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.761-ssec.1) A person must not state to the tribunal or staff member of the tribunal anything the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.761-ssec.2) A person must not give the tribunal or staff member of the tribunal a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.761-ssec.3) Subsection (2) does not apply to a person if the person, when giving the document— tells the tribunal or staff member of the tribunal, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the tribunal or staff member of the tribunal, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":997},{"sectionNumber":"sec.762","sectionType":"section","heading":"Fabricating evidence","content":"### sec.762 Fabricating evidence\n\nThe tribunal is a tribunal for the Criminal Code , section 126 .\nThe Criminal Code , section 126 deals with fabricated evidence in judicial proceedings.","sortOrder":998},{"sectionNumber":"sec.763","sectionType":"section","heading":"Contempt of tribunal","content":"### sec.763 Contempt of tribunal\n\nA person is in contempt of the tribunal if the person—\ninsults a member or a staff member of the tribunal at a proceeding, or in going to or returning from a proceeding; or\nunreasonably interrupts a proceeding, or otherwise misbehaves at a proceeding; or\ncreates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or\nobstructs or assaults a person attending a proceeding; or\nobstructs a member in the performance of the member’s functions or the exercise of the member’s powers; or\nobstructs a person acting under an order made under this Act by the tribunal or a member; or\nwithout lawful excuse, disobeys a lawful order or direction of the tribunal made or given under this Act; or\ndoes anything at a proceeding or otherwise that would be contempt of court if the tribunal were a court of record.\nThe tribunal may order that a person who contravenes subsection (1) at a proceeding be excluded from the place where the proceeding is being conducted.\nA staff member of the tribunal or a health practitioner, acting under the tribunal’s order, may, with the help that is necessary and reasonable in the circumstances, exclude the person from the place.\n(sec.763-ssec.1) A person is in contempt of the tribunal if the person— insults a member or a staff member of the tribunal at a proceeding, or in going to or returning from a proceeding; or unreasonably interrupts a proceeding, or otherwise misbehaves at a proceeding; or creates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or obstructs or assaults a person attending a proceeding; or obstructs a member in the performance of the member’s functions or the exercise of the member’s powers; or obstructs a person acting under an order made under this Act by the tribunal or a member; or without lawful excuse, disobeys a lawful order or direction of the tribunal made or given under this Act; or does anything at a proceeding or otherwise that would be contempt of court if the tribunal were a court of record.\n(sec.763-ssec.2) The tribunal may order that a person who contravenes subsection (1) at a proceeding be excluded from the place where the proceeding is being conducted.\n(sec.763-ssec.3) A staff member of the tribunal or a health practitioner, acting under the tribunal’s order, may, with the help that is necessary and reasonable in the circumstances, exclude the person from the place.\n- (a) insults a member or a staff member of the tribunal at a proceeding, or in going to or returning from a proceeding; or\n- (b) unreasonably interrupts a proceeding, or otherwise misbehaves at a proceeding; or\n- (c) creates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or\n- (d) obstructs or assaults a person attending a proceeding; or\n- (e) obstructs a member in the performance of the member’s functions or the exercise of the member’s powers; or\n- (f) obstructs a person acting under an order made under this Act by the tribunal or a member; or\n- (g) without lawful excuse, disobeys a lawful order or direction of the tribunal made or given under this Act; or\n- (h) does anything at a proceeding or otherwise that would be contempt of court if the tribunal were a court of record.","sortOrder":999},{"sectionNumber":"sec.764","sectionType":"section","heading":"Punishment of contempt","content":"### sec.764 Punishment of contempt\n\nWithout limiting the tribunal’s power under section 763 , a person’s contempt of the tribunal may be punished under this section.\nThe president may certify the contempt in writing to the Supreme Court (the court ).\nFor subsection (2) , it is enough for the president to be satisfied there is evidence of contempt.\nThe president may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the court to be dealt with according to law.\nThe Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.\nThe court must inquire into the alleged contempt.\nThe court must hear—\nwitnesses and evidence that may be produced against or for the person whose contempt was certified; and\nany statement given by the person in defence.\nIf the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to a proceeding in the court.\nThe Uniform Civil Procedure Rules 1999 apply to the court’s investigation, hearing and power to punish with necessary changes.\nThe president’s certificate of contempt is evidence of the matters contained in the certificate.\n(sec.764-ssec.1) Without limiting the tribunal’s power under section 763 , a person’s contempt of the tribunal may be punished under this section.\n(sec.764-ssec.2) The president may certify the contempt in writing to the Supreme Court (the court ).\n(sec.764-ssec.3) For subsection (2) , it is enough for the president to be satisfied there is evidence of contempt.\n(sec.764-ssec.4) The president may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the court to be dealt with according to law.\n(sec.764-ssec.5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence.\n(sec.764-ssec.6) The court must inquire into the alleged contempt.\n(sec.764-ssec.7) The court must hear— witnesses and evidence that may be produced against or for the person whose contempt was certified; and any statement given by the person in defence.\n(sec.764-ssec.8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to a proceeding in the court.\n(sec.764-ssec.9) The Uniform Civil Procedure Rules 1999 apply to the court’s investigation, hearing and power to punish with necessary changes.\n(sec.764-ssec.10) The president’s certificate of contempt is evidence of the matters contained in the certificate.\n- (a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and\n- (b) any statement given by the person in defence.","sortOrder":1000},{"sectionNumber":"sec.765","sectionType":"section","heading":"Conduct that is contempt and offence","content":"### sec.765 Conduct that is contempt and offence\n\nIf conduct of a person is both contempt of the tribunal and an offence, the person may be proceeded against for the contempt or for the offence.\nHowever, the person is not liable to be punished twice for the same conduct.\n(sec.765-ssec.1) If conduct of a person is both contempt of the tribunal and an offence, the person may be proceeded against for the contempt or for the offence.\n(sec.765-ssec.2) However, the person is not liable to be punished twice for the same conduct.","sortOrder":1001},{"sectionNumber":"ch.16-pt.2-div.9","sectionType":"division","heading":"Protection and immunities","content":"## Protection and immunities","sortOrder":1002},{"sectionNumber":"sec.766","sectionType":"section","heading":"Protection and immunity for members","content":"### sec.766 Protection and immunity for members\n\nA member of the tribunal has, in the exercise of jurisdiction under this Act, the same protection and immunity as a Supreme Court judge in the performance of a judge’s functions.","sortOrder":1003},{"sectionNumber":"sec.767","sectionType":"section","heading":"Protection and immunity for other persons","content":"### sec.767 Protection and immunity for other persons\n\nA lawyer or another person who, under this Act, represents a party to a proceeding has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court.\nA person given an attendance notice or appearing before the tribunal in a proceeding has the same protection and immunity as a witness in a proceeding in the Supreme Court.\nA document produced to the tribunal in a proceeding has the same protection it would have if produced in the Supreme Court.\n(sec.767-ssec.1) A lawyer or another person who, under this Act, represents a party to a proceeding has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court.\n(sec.767-ssec.2) A person given an attendance notice or appearing before the tribunal in a proceeding has the same protection and immunity as a witness in a proceeding in the Supreme Court.\n(sec.767-ssec.3) A document produced to the tribunal in a proceeding has the same protection it would have if produced in the Supreme Court.","sortOrder":1004},{"sectionNumber":"ch.16-pt.2-div.10","sectionType":"division","heading":"Rules and practice","content":"## Rules and practice","sortOrder":1005},{"sectionNumber":"sec.768","sectionType":"section","heading":"Rule-making power","content":"### sec.768 Rule-making power\n\nThe Governor in Council may make rules for the tribunal under this Act.\nRules may be made about the following matters—\nthe practices and procedures of the tribunal;\nfees and expenses payable to witnesses;\nfees or costs payable in relation to proceedings and the party by or to whom they are to be paid;\nservice of process, notices, orders or other things on parties and other persons.\nRules made under this section are rules of court.\n(sec.768-ssec.1) The Governor in Council may make rules for the tribunal under this Act.\n(sec.768-ssec.2) Rules may be made about the following matters— the practices and procedures of the tribunal; fees and expenses payable to witnesses; fees or costs payable in relation to proceedings and the party by or to whom they are to be paid; service of process, notices, orders or other things on parties and other persons.\n(sec.768-ssec.3) Rules made under this section are rules of court.\n- (a) the practices and procedures of the tribunal;\n- (b) fees and expenses payable to witnesses;\n- (c) fees or costs payable in relation to proceedings and the party by or to whom they are to be paid;\n- (d) service of process, notices, orders or other things on parties and other persons.","sortOrder":1006},{"sectionNumber":"sec.769","sectionType":"section","heading":"Directions about practice","content":"### sec.769 Directions about practice\n\nSubject to this Act and the tribunal rules, the practice and procedure of the tribunal are as directed by the president.\nIf this Act or the rules do not provide or sufficiently provide for a particular matter, an application for directions may be made to the president.\n(sec.769-ssec.1) Subject to this Act and the tribunal rules, the practice and procedure of the tribunal are as directed by the president.\n(sec.769-ssec.2) If this Act or the rules do not provide or sufficiently provide for a particular matter, an application for directions may be made to the president.","sortOrder":1007},{"sectionNumber":"ch.16-pt.2-div.11","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":1008},{"sectionNumber":"sec.770","sectionType":"section","heading":"Authentication of documents","content":"### sec.770 Authentication of documents\n\nA document requiring authentication by the tribunal is sufficiently authenticated if it is signed by a member.","sortOrder":1009},{"sectionNumber":"sec.771","sectionType":"section","heading":"Judicial notice of particular signatures","content":"### sec.771 Judicial notice of particular signatures\n\nJudicial notice must be taken of the signature of a member if it appears on a document issued by the tribunal.","sortOrder":1010},{"sectionNumber":"sec.772","sectionType":"section","heading":"Delegation","content":"### sec.772 Delegation\n\nThe president may delegate the president’s powers under this Act to the deputy president or another member.","sortOrder":1011},{"sectionNumber":"sec.773","sectionType":"section","heading":"Register","content":"### sec.773 Register\n\nThe president must keep a register of—\napplications for a review of any of the following—\ntreatment authorities;\nforensic orders;\ntreatment support orders;\na person’s fitness for trial;\nthe detention of a minor in a high security unit; and\napplications for any of the following—\nexamination authorities;\napproval to perform regulated treatment;\napproval of the transfer of particular persons into and out of Queensland; and\nreviews and applications heard by the tribunal; and\ndecisions of the tribunal on the reviews and applications, and the reasons for the decisions.\nThe president may keep the register in the way the president considers appropriate.\n(sec.773-ssec.1) The president must keep a register of— applications for a review of any of the following— treatment authorities; forensic orders; treatment support orders; a person’s fitness for trial; the detention of a minor in a high security unit; and applications for any of the following— examination authorities; approval to perform regulated treatment; approval of the transfer of particular persons into and out of Queensland; and reviews and applications heard by the tribunal; and decisions of the tribunal on the reviews and applications, and the reasons for the decisions.\n(sec.773-ssec.2) The president may keep the register in the way the president considers appropriate.\n- (a) applications for a review of any of the following— (i) treatment authorities; (ii) forensic orders; (iii) treatment support orders; (iv) a person’s fitness for trial; (v) the detention of a minor in a high security unit; and\n- (i) treatment authorities;\n- (ii) forensic orders;\n- (iii) treatment support orders;\n- (iv) a person’s fitness for trial;\n- (v) the detention of a minor in a high security unit; and\n- (b) applications for any of the following— (i) examination authorities; (ii) approval to perform regulated treatment; (iii) approval of the transfer of particular persons into and out of Queensland; and\n- (i) examination authorities;\n- (ii) approval to perform regulated treatment;\n- (iii) approval of the transfer of particular persons into and out of Queensland; and\n- (c) reviews and applications heard by the tribunal; and\n- (d) decisions of the tribunal on the reviews and applications, and the reasons for the decisions.\n- (i) treatment authorities;\n- (ii) forensic orders;\n- (iii) treatment support orders;\n- (iv) a person’s fitness for trial;\n- (v) the detention of a minor in a high security unit; and\n- (i) examination authorities;\n- (ii) approval to perform regulated treatment;\n- (iii) approval of the transfer of particular persons into and out of Queensland; and","sortOrder":1012},{"sectionNumber":"sec.774","sectionType":"section","heading":"Annual report","content":"### sec.774 Annual report\n\nWithin 90 days after the end of each financial year, the president must prepare and give the Minister a report on the tribunal’s operations during the year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 days after the day the Minister receives it.\n(sec.774-ssec.1) Within 90 days after the end of each financial year, the president must prepare and give the Minister a report on the tribunal’s operations during the year.\n(sec.774-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 days after the day the Minister receives it.","sortOrder":1013},{"sectionNumber":"ch.17-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1014},{"sectionNumber":"sec.775","sectionType":"section","heading":"Purpose of ch 17","content":"### sec.775 Purpose of ch 17\n\nThe purpose of this chapter is to provide for—\nthe confidentiality of information identifying persons who have received health services for a mental illness; and\nthe use and disclosure of particular personal information for particular purposes; and\noffences relating to the publication of particular judicial proceedings.\n- (a) the confidentiality of information identifying persons who have received health services for a mental illness; and\n- (b) the use and disclosure of particular personal information for particular purposes; and\n- (c) offences relating to the publication of particular judicial proceedings.","sortOrder":1015},{"sectionNumber":"sec.776","sectionType":"section","heading":"Definitions for ch 17","content":"### sec.776 Definitions for ch 17\n\nIn this chapter—\ndesignated person means a designated person under the Hospital and Health Boards Act 2011 , section 139 .\ngovernment entity see the Public Sector Act 2022 , section 276 .\ns 776 def government entity sub 2022 No. 34 s 365 sch 3\npersonal information means—\npersonal information under the Information Privacy Act 2009 , section 12 ; or\nconfidential information under the Hospital and Health Boards Act 2011 , section 139 .\nrelevant person means each of the following persons—\nthe chief psychiatrist;\nthe administrator of an authorised mental health service;\nthe director of forensic disability;\nthe administrator of the forensic disability service;\nan authorised doctor;\nan authorised mental health practitioner;\na member of the tribunal;\na member of the staff of the tribunal or registry;\nan assisting clinician;\na person representing another person at the hearing of a proceeding in the tribunal;\na member of a person’s support network accompanying the person under section 739 at the hearing of a proceeding in the tribunal;\nan examining practitioner conducting an examination under a court examination order or an order mentioned in section 721 (1) ;\na designated person performing a function under this Act;\nan independent patient rights adviser;\nan inspector;\nan authorised person.\ns 776 def relevant person ins 2022 No. 1 s 99\n- (a) personal information under the Information Privacy Act 2009 , section 12 ; or\n- (b) confidential information under the Hospital and Health Boards Act 2011 , section 139 .\n- (a) the chief psychiatrist;\n- (b) the administrator of an authorised mental health service;\n- (c) the director of forensic disability;\n- (d) the administrator of the forensic disability service;\n- (e) an authorised doctor;\n- (f) an authorised mental health practitioner;\n- (g) a member of the tribunal;\n- (h) a member of the staff of the tribunal or registry;\n- (i) an assisting clinician;\n- (j) a person representing another person at the hearing of a proceeding in the tribunal;\n- (k) a member of a person’s support network accompanying the person under section 739 at the hearing of a proceeding in the tribunal;\n- (l) an examining practitioner conducting an examination under a court examination order or an order mentioned in section 721 (1) ;\n- (m) a designated person performing a function under this Act;\n- (n) an independent patient rights adviser;\n- (o) an inspector;\n- (p) an authorised person.","sortOrder":1016},{"sectionNumber":"sec.777","sectionType":"section","heading":"Relationship of ch 17 with other Acts","content":"### sec.777 Relationship of ch 17 with other Acts\n\nThis chapter applies to the use or disclosure of information mentioned in this chapter despite any prohibition or limitation on the use or disclosure under the Hospital and Health Boards Act 2011 , the Information Privacy Act 2009 or another Act.","sortOrder":1017},{"sectionNumber":"ch.17-pt.2","sectionType":"part","heading":"Duty of confidentiality","content":"# Duty of confidentiality","sortOrder":1018},{"sectionNumber":"sec.778","sectionType":"section","heading":"Offence to use or disclose personal information","content":"### sec.778 Offence to use or disclose personal information\n\nThis section applies to a person who—\nis, or has been, a relevant person; and\nacquires, or acquired, personal information in the person’s capacity as a relevant person.\nThe person must not use the personal information or disclose the information to anyone else.\nMaximum penalty—100 penalty units.\nHowever, the person may use or disclose the personal information—\nto the extent necessary to allow—\nthe person to perform the person’s functions under this Act; or\nanother relevant person to perform the other person’s functions under this Act; or\nif the use or disclosure is permitted under this Act or is otherwise required or permitted by law; or\nSee also the Hospital and Health Boards Act 2011 , part 7 in relation to use and disclosure of confidential information, under section 139 of that Act, by designated persons.\nif the person to whom the information relates consents to the use or disclosure.\ns 778 sub 2022 No. 1 s 100\namd 2023 No. 9 s 16\n(sec.778-ssec.1) This section applies to a person who— is, or has been, a relevant person; and acquires, or acquired, personal information in the person’s capacity as a relevant person.\n(sec.778-ssec.2) The person must not use the personal information or disclose the information to anyone else. Maximum penalty—100 penalty units.\n(sec.778-ssec.3) However, the person may use or disclose the personal information— to the extent necessary to allow— the person to perform the person’s functions under this Act; or another relevant person to perform the other person’s functions under this Act; or if the use or disclosure is permitted under this Act or is otherwise required or permitted by law; or See also the Hospital and Health Boards Act 2011 , part 7 in relation to use and disclosure of confidential information, under section 139 of that Act, by designated persons. if the person to whom the information relates consents to the use or disclosure.\n- (a) is, or has been, a relevant person; and\n- (b) acquires, or acquired, personal information in the person’s capacity as a relevant person.\n- (a) to the extent necessary to allow— (i) the person to perform the person’s functions under this Act; or (ii) another relevant person to perform the other person’s functions under this Act; or\n- (i) the person to perform the person’s functions under this Act; or\n- (ii) another relevant person to perform the other person’s functions under this Act; or\n- (b) if the use or disclosure is permitted under this Act or is otherwise required or permitted by law; or Note— See also the Hospital and Health Boards Act 2011 , part 7 in relation to use and disclosure of confidential information, under section 139 of that Act, by designated persons.\n- (c) if the person to whom the information relates consents to the use or disclosure.\n- (i) the person to perform the person’s functions under this Act; or\n- (ii) another relevant person to perform the other person’s functions under this Act; or","sortOrder":1019},{"sectionNumber":"sec.779","sectionType":"section","heading":null,"content":"### Section sec.779\n\ns 779 om 2022 No. 1 s 100","sortOrder":1020},{"sectionNumber":"ch.17-pt.3","sectionType":"part","heading":"Permitted use and disclosure","content":"# Permitted use and disclosure","sortOrder":1021},{"sectionNumber":"sec.780","sectionType":"section","heading":"Disclosure to identify person with mental health defence","content":"### sec.780 Disclosure to identify person with mental health defence\n\nThis section applies to an employee of the department, a Hospital and Health Service or another government entity.\nThe employee may use or disclose personal information to—\nassist in the identification of a person who may have been of unsound mind at the time of an alleged offence or who may be unfit for trial; and\nenable the application to the person of provisions of this Act relating to unsoundness of mind and unfitness for trial.\n(sec.780-ssec.1) This section applies to an employee of the department, a Hospital and Health Service or another government entity.\n(sec.780-ssec.2) The employee may use or disclose personal information to— assist in the identification of a person who may have been of unsound mind at the time of an alleged offence or who may be unfit for trial; and enable the application to the person of provisions of this Act relating to unsoundness of mind and unfitness for trial.\n- (a) assist in the identification of a person who may have been of unsound mind at the time of an alleged offence or who may be unfit for trial; and\n- (b) enable the application to the person of provisions of this Act relating to unsoundness of mind and unfitness for trial.","sortOrder":1022},{"sectionNumber":"sec.781","sectionType":"section","heading":"Disclosure to identify and offer support to victims","content":"### sec.781 Disclosure to identify and offer support to victims\n\nThis section applies to an employee of the department, a Hospital and Health Service or another government entity.\nThe employee may use or disclose personal information—\nto offer support services to a person who is, or may be, a victim; or\nto assist in the identification of a person mentioned in paragraph (a) for the purpose mentioned in that paragraph.\nIn this section—\nvictim means—\na victim of an unlawful act committed by a person who has, or may have, a mental condition; or\na close relative of a victim mentioned in paragraph (a) ; or\nanother individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .\ns 781 amd 2022 No. 1 s 101\n(sec.781-ssec.1) This section applies to an employee of the department, a Hospital and Health Service or another government entity.\n(sec.781-ssec.2) The employee may use or disclose personal information— to offer support services to a person who is, or may be, a victim; or to assist in the identification of a person mentioned in paragraph (a) for the purpose mentioned in that paragraph.\n(sec.781-ssec.3) In this section— victim means— a victim of an unlawful act committed by a person who has, or may have, a mental condition; or a close relative of a victim mentioned in paragraph (a) ; or another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .\n- (a) to offer support services to a person who is, or may be, a victim; or\n- (b) to assist in the identification of a person mentioned in paragraph (a) for the purpose mentioned in that paragraph.\n- (a) a victim of an unlawful act committed by a person who has, or may have, a mental condition; or\n- (b) a close relative of a victim mentioned in paragraph (a) ; or\n- (c) another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .","sortOrder":1023},{"sectionNumber":"sec.782","sectionType":"section","heading":"Disclosure for report by private psychiatrist","content":"### sec.782 Disclosure for report by private psychiatrist\n\nA designated person may disclose personal information about a patient, including the patient’s health records and written notices given under this Act, if the disclosure is to assist in the preparation of a report by a psychiatrist privately engaged by the patient or a lawyer or other person acting on behalf of the patient.","sortOrder":1024},{"sectionNumber":"sec.783","sectionType":"section","heading":"Disclosure of particular information relating to classified patient","content":"### sec.783 Disclosure of particular information relating to classified patient\n\nThis section applies if the chief psychiatrist considers a person is, or may be, any of the following—\na victim of an unlawful act committed by a person who is a classified patient;\na close relative of a victim mentioned in paragraph (a) ;\nanother individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .\nThe chief psychiatrist may disclose the following personal information about the classified patient to the person—\nthe fact that the patient is a classified patient in an authorised mental health service;\nthe fact, and the date, of a transfer of the patient to another authorised mental health service;\nthe fact that the patient has become a patient required to return, if the chief psychiatrist considers the information is relevant to the safety and welfare of the person;\nif the patient stops being a classified patient—the fact that, and the reasons why, the patient has stopped being a classified patient.\nThe chief psychiatrist may enter into arrangements with a victim support service to enable the service, on behalf of the chief psychiatrist, to give the information to the person.\nThe person must give a written undertaking to preserve the confidentiality of the information.\nThe person must not contravene the undertaking.\nMaximum penalty for subsection (5) —200 penalty units.\n(sec.783-ssec.1) This section applies if the chief psychiatrist considers a person is, or may be, any of the following— a victim of an unlawful act committed by a person who is a classified patient; a close relative of a victim mentioned in paragraph (a) ; another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .\n(sec.783-ssec.2) The chief psychiatrist may disclose the following personal information about the classified patient to the person— the fact that the patient is a classified patient in an authorised mental health service; the fact, and the date, of a transfer of the patient to another authorised mental health service; the fact that the patient has become a patient required to return, if the chief psychiatrist considers the information is relevant to the safety and welfare of the person; if the patient stops being a classified patient—the fact that, and the reasons why, the patient has stopped being a classified patient.\n(sec.783-ssec.3) The chief psychiatrist may enter into arrangements with a victim support service to enable the service, on behalf of the chief psychiatrist, to give the information to the person.\n(sec.783-ssec.4) The person must give a written undertaking to preserve the confidentiality of the information.\n(sec.783-ssec.5) The person must not contravene the undertaking. Maximum penalty for subsection (5) —200 penalty units.\n- (a) a victim of an unlawful act committed by a person who is a classified patient;\n- (b) a close relative of a victim mentioned in paragraph (a) ;\n- (c) another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .\n- (a) the fact that the patient is a classified patient in an authorised mental health service;\n- (b) the fact, and the date, of a transfer of the patient to another authorised mental health service;\n- (c) the fact that the patient has become a patient required to return, if the chief psychiatrist considers the information is relevant to the safety and welfare of the person;\n- (d) if the patient stops being a classified patient—the fact that, and the reasons why, the patient has stopped being a classified patient.","sortOrder":1025},{"sectionNumber":"sec.784","sectionType":"section","heading":"Disclosure of particular information relating to person in contact with forensic disability service","content":"### sec.784 Disclosure of particular information relating to person in contact with forensic disability service\n\nThis section applies for facilitating—\nthe transfer of a person from the forensic disability service to an authorised mental health service; and\nthe transfer of a person from an authorised mental health service to the forensic disability service; and\nthe provision of care to a person subject to a forensic order (disability).\nThe chief psychiatrist or an administrator of an authorised mental health service may disclose personal information about the person to the director of forensic disability, the administrator of the forensic disability service or another entity responsible for providing care to the person.\nAlso, the director of forensic disability, the administrator of the forensic disability service, or another entity responsible for providing care to the person may disclose personal information about the person to the chief psychiatrist or the administrator of an authorised mental health service.\n(sec.784-ssec.1) This section applies for facilitating— the transfer of a person from the forensic disability service to an authorised mental health service; and the transfer of a person from an authorised mental health service to the forensic disability service; and the provision of care to a person subject to a forensic order (disability).\n(sec.784-ssec.2) The chief psychiatrist or an administrator of an authorised mental health service may disclose personal information about the person to the director of forensic disability, the administrator of the forensic disability service or another entity responsible for providing care to the person.\n(sec.784-ssec.3) Also, the director of forensic disability, the administrator of the forensic disability service, or another entity responsible for providing care to the person may disclose personal information about the person to the chief psychiatrist or the administrator of an authorised mental health service.\n- (a) the transfer of a person from the forensic disability service to an authorised mental health service; and\n- (b) the transfer of a person from an authorised mental health service to the forensic disability service; and\n- (c) the provision of care to a person subject to a forensic order (disability).","sortOrder":1026},{"sectionNumber":"sec.785","sectionType":"section","heading":"Disclosure to lawyer","content":"### sec.785 Disclosure to lawyer\n\nA designated person may disclose personal information about a patient, including the patient’s health records and written notices given under this Act, to a lawyer if the disclosure is to enable the lawyer to provide legal services to the patient, or the State, for a proceeding in the Mental Health Court, the tribunal or another court.\nIf the lawyer is a representative of the State, the lawyer may use the personal information, or disclose it to a victim, only to the extent necessary for the performance of the lawyer’s functions under this or another Act.\nIn this section—\nvictim means a person who is, or may be—\na victim of an unlawful act committed by a person who is the subject of a proceeding before the Mental Health Court or the tribunal; or\na close relative of a victim mentioned in paragraph (a) ; or\nanother individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .\n(sec.785-ssec.1) A designated person may disclose personal information about a patient, including the patient’s health records and written notices given under this Act, to a lawyer if the disclosure is to enable the lawyer to provide legal services to the patient, or the State, for a proceeding in the Mental Health Court, the tribunal or another court.\n(sec.785-ssec.2) If the lawyer is a representative of the State, the lawyer may use the personal information, or disclose it to a victim, only to the extent necessary for the performance of the lawyer’s functions under this or another Act.\n(sec.785-ssec.3) In this section— victim means a person who is, or may be— a victim of an unlawful act committed by a person who is the subject of a proceeding before the Mental Health Court or the tribunal; or a close relative of a victim mentioned in paragraph (a) ; or another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .\n- (a) a victim of an unlawful act committed by a person who is the subject of a proceeding before the Mental Health Court or the tribunal; or\n- (b) a close relative of a victim mentioned in paragraph (a) ; or\n- (c) another individual who has suffered harm because of an unlawful act mentioned in paragraph (a) .","sortOrder":1027},{"sectionNumber":"sec.785A","sectionType":"section","heading":"Disclosure to inspector of detention services","content":"### sec.785A Disclosure to inspector of detention services\n\nA designated person may disclose personal information to the inspector of detention services if—\nthe information is relevant to the inspector of detention services performing a function under the Inspector of Detention Services Act 2022 ; and\nthe inspector of detention services has asked for the information under section 13 of that Act; and\neither—\nthe designated person has made a reasonable attempt to obtain the consent of the person to whom the information relates; or\nit is not practicable for the designated person to obtain the consent of the person to whom the information relates.\nIn this section—\ninspector of detention services means the inspector of detention services under the Inspector of Detention Services Act 2022 .\ns 785A ins 2022 No. 18 s 63\n(sec.785A-ssec.1) A designated person may disclose personal information to the inspector of detention services if— the information is relevant to the inspector of detention services performing a function under the Inspector of Detention Services Act 2022 ; and the inspector of detention services has asked for the information under section 13 of that Act; and either— the designated person has made a reasonable attempt to obtain the consent of the person to whom the information relates; or it is not practicable for the designated person to obtain the consent of the person to whom the information relates.\n(sec.785A-ssec.2) In this section— inspector of detention services means the inspector of detention services under the Inspector of Detention Services Act 2022 .\n- (a) the information is relevant to the inspector of detention services performing a function under the Inspector of Detention Services Act 2022 ; and\n- (b) the inspector of detention services has asked for the information under section 13 of that Act; and\n- (c) either— (i) the designated person has made a reasonable attempt to obtain the consent of the person to whom the information relates; or (ii) it is not practicable for the designated person to obtain the consent of the person to whom the information relates.\n- (i) the designated person has made a reasonable attempt to obtain the consent of the person to whom the information relates; or\n- (ii) it is not practicable for the designated person to obtain the consent of the person to whom the information relates.\n- (i) the designated person has made a reasonable attempt to obtain the consent of the person to whom the information relates; or\n- (ii) it is not practicable for the designated person to obtain the consent of the person to whom the information relates.","sortOrder":1028},{"sectionNumber":"sec.786","sectionType":"section","heading":"Disclosure of photograph of patient required to return","content":"### sec.786 Disclosure of photograph of patient required to return\n\nThis section applies if the administrator of an authorised mental health service is in possession of a photograph of a person who—\nis an involuntary patient or a classified patient (voluntary); and\nhas become a patient required to return.\nThe administrator may disclose the photograph to the commissioner of the police service, or another person performing a function in an official capacity, to help locate the person.\nTo remove any doubt, it is declared that the administrator of an authorised mental health service may require an involuntary patient or a classified patient (voluntary) to be photographed to facilitate the future operation of subsection (2) .\n(sec.786-ssec.1) This section applies if the administrator of an authorised mental health service is in possession of a photograph of a person who— is an involuntary patient or a classified patient (voluntary); and has become a patient required to return.\n(sec.786-ssec.2) The administrator may disclose the photograph to the commissioner of the police service, or another person performing a function in an official capacity, to help locate the person.\n(sec.786-ssec.3) To remove any doubt, it is declared that the administrator of an authorised mental health service may require an involuntary patient or a classified patient (voluntary) to be photographed to facilitate the future operation of subsection (2) .\n- (a) is an involuntary patient or a classified patient (voluntary); and\n- (b) has become a patient required to return.","sortOrder":1029},{"sectionNumber":"sec.787","sectionType":"section","heading":"Disclosure of information for research purposes","content":"### sec.787 Disclosure of information for research purposes\n\nThe registrar of the Mental Health Court may disclose relevant information about a patient to a person undertaking research if—\nthe registrar is satisfied the research is genuine; and\nthe president of the Mental Health Court approves the disclosure; and\nthe person gives a written undertaking to preserve the confidentiality of the information.\nThe executive officer of the tribunal may disclose relevant information about a patient to a person undertaking research if—\nthe executive officer is satisfied the research is genuine; and\nthe president of the tribunal approves the disclosure; and\nthe person gives a written undertaking to preserve the confidentiality of the information.\nA person must not contravene an undertaking given under subsection (1) (c) or (2) (c) .\nMaximum penalty for subsection (3) —200 penalty units.\nIn this section—\nrelevant information means information that is confidential information disclosed to the Mental Health Court or tribunal.\n(sec.787-ssec.1) The registrar of the Mental Health Court may disclose relevant information about a patient to a person undertaking research if— the registrar is satisfied the research is genuine; and the president of the Mental Health Court approves the disclosure; and the person gives a written undertaking to preserve the confidentiality of the information.\n(sec.787-ssec.2) The executive officer of the tribunal may disclose relevant information about a patient to a person undertaking research if— the executive officer is satisfied the research is genuine; and the president of the tribunal approves the disclosure; and the person gives a written undertaking to preserve the confidentiality of the information.\n(sec.787-ssec.3) A person must not contravene an undertaking given under subsection (1) (c) or (2) (c) . Maximum penalty for subsection (3) —200 penalty units.\n(sec.787-ssec.4) In this section— relevant information means information that is confidential information disclosed to the Mental Health Court or tribunal.\n- (a) the registrar is satisfied the research is genuine; and\n- (b) the president of the Mental Health Court approves the disclosure; and\n- (c) the person gives a written undertaking to preserve the confidentiality of the information.\n- (a) the executive officer is satisfied the research is genuine; and\n- (b) the president of the tribunal approves the disclosure; and\n- (c) the person gives a written undertaking to preserve the confidentiality of the information.","sortOrder":1030},{"sectionNumber":"ch.17-pt.4","sectionType":"part","heading":"Offences relating to publication of judicial proceedings","content":"# Offences relating to publication of judicial proceedings","sortOrder":1031},{"sectionNumber":"sec.788","sectionType":"section","heading":"Definition for pt 4","content":"### sec.788 Definition for pt 4\n\nIn this part—\nreport , of a proceeding, includes a report of part of the proceeding.","sortOrder":1032},{"sectionNumber":"sec.789","sectionType":"section","heading":"Publication of reports and decisions on references—Mental Health Court and Court of Appeal","content":"### sec.789 Publication of reports and decisions on references—Mental Health Court and Court of Appeal\n\nA person must not publish a report of a proceeding in the Mental Health Court or the Court of Appeal on a reference in relation to a person, or a decision on the proceeding, before the end of the prescribed day for the decision on the proceeding.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nHowever, a person does not commit an offence against subsection (1) if the person publishes the report with the leave of the Mental Health Court or the Court of Appeal.\nIn this section—\ndecision leading to trial means a decision that—\nthe person is fit for trial; or\nthe person is unfit for trial and the unfitness for trial is not permanent; or\nthe person was of diminished responsibility when the offence of murder was allegedly committed, if the proceeding is continued against the person for another offence constituted by the act or omission to which the offence of murder relates.\nend day , in relation to a decision leading to trial, means—\nthe day the trial for the relevant offence ends; or\nfor a decision mentioned in paragraph (b) of the definition decision leading to trial , if the proceeding for the relevant offence is discontinued under chapter 12 , part 6 , division 2 —the day the proceeding is discontinued.\nprescribed day means—\nfor a decision of the Mental Health Court that is a decision leading to trial—the end day; or\nfor a decision of the Mental Health Court other than a decision leading to trial—\nif an appeal to the Court of Appeal against the decision is started within 28 days after the date of the decision and the appeal is not withdrawn—\nif the Court of Appeal makes a decision leading to trial—the end day; or\nif the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or\notherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or\nif an appeal to the Court of Appeal against the decision is started within the 28 days but is later withdrawn—the day that is 28 days after the date of the Mental Health Court’s decision; or\nif an appeal to the Court of Appeal against the decision is not started within the 28 days but within that time the person elects to be brought to trial for the offence—the day the trial for the offence ends; or\notherwise—the day that is 28 days after the date of the Mental Health Court’s decision.\na decision made under section 116 that the person was of unsound mind when the offence was allegedly committed\na decision made under section 118 that the person is unfit for trial and the unfitness for trial is permanent\nrelevant offence means—\nthe offence to which the reference relates; or\nif the reference relates to the offence of murder and the person was of diminished responsibility when the offence was allegedly committed—another offence constituted by the act or omission to which the offence of murder relates.\n(sec.789-ssec.1) A person must not publish a report of a proceeding in the Mental Health Court or the Court of Appeal on a reference in relation to a person, or a decision on the proceeding, before the end of the prescribed day for the decision on the proceeding. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.789-ssec.2) However, a person does not commit an offence against subsection (1) if the person publishes the report with the leave of the Mental Health Court or the Court of Appeal.\n(sec.789-ssec.3) In this section— decision leading to trial means a decision that— the person is fit for trial; or the person is unfit for trial and the unfitness for trial is not permanent; or the person was of diminished responsibility when the offence of murder was allegedly committed, if the proceeding is continued against the person for another offence constituted by the act or omission to which the offence of murder relates. end day , in relation to a decision leading to trial, means— the day the trial for the relevant offence ends; or for a decision mentioned in paragraph (b) of the definition decision leading to trial , if the proceeding for the relevant offence is discontinued under chapter 12 , part 6 , division 2 —the day the proceeding is discontinued. prescribed day means— for a decision of the Mental Health Court that is a decision leading to trial—the end day; or for a decision of the Mental Health Court other than a decision leading to trial— if an appeal to the Court of Appeal against the decision is started within 28 days after the date of the decision and the appeal is not withdrawn— if the Court of Appeal makes a decision leading to trial—the end day; or if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or if an appeal to the Court of Appeal against the decision is started within the 28 days but is later withdrawn—the day that is 28 days after the date of the Mental Health Court’s decision; or if an appeal to the Court of Appeal against the decision is not started within the 28 days but within that time the person elects to be brought to trial for the offence—the day the trial for the offence ends; or otherwise—the day that is 28 days after the date of the Mental Health Court’s decision. a decision made under section 116 that the person was of unsound mind when the offence was allegedly committed a decision made under section 118 that the person is unfit for trial and the unfitness for trial is permanent relevant offence means— the offence to which the reference relates; or if the reference relates to the offence of murder and the person was of diminished responsibility when the offence was allegedly committed—another offence constituted by the act or omission to which the offence of murder relates.\n- (a) the person is fit for trial; or\n- (b) the person is unfit for trial and the unfitness for trial is not permanent; or\n- (c) the person was of diminished responsibility when the offence of murder was allegedly committed, if the proceeding is continued against the person for another offence constituted by the act or omission to which the offence of murder relates.\n- (a) the day the trial for the relevant offence ends; or\n- (b) for a decision mentioned in paragraph (b) of the definition decision leading to trial , if the proceeding for the relevant offence is discontinued under chapter 12 , part 6 , division 2 —the day the proceeding is discontinued.\n- (a) for a decision of the Mental Health Court that is a decision leading to trial—the end day; or\n- (b) for a decision of the Mental Health Court other than a decision leading to trial— (i) if an appeal to the Court of Appeal against the decision is started within 28 days after the date of the decision and the appeal is not withdrawn— (A) if the Court of Appeal makes a decision leading to trial—the end day; or (B) if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or (C) otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or (ii) if an appeal to the Court of Appeal against the decision is started within the 28 days but is later withdrawn—the day that is 28 days after the date of the Mental Health Court’s decision; or (iii) if an appeal to the Court of Appeal against the decision is not started within the 28 days but within that time the person elects to be brought to trial for the offence—the day the trial for the offence ends; or (iv) otherwise—the day that is 28 days after the date of the Mental Health Court’s decision. Examples of a decision of the Mental Health Court for paragraph (b) — • a decision made under section 116 that the person was of unsound mind when the offence was allegedly committed • a decision made under section 118 that the person is unfit for trial and the unfitness for trial is permanent\n- (i) if an appeal to the Court of Appeal against the decision is started within 28 days after the date of the decision and the appeal is not withdrawn— (A) if the Court of Appeal makes a decision leading to trial—the end day; or (B) if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or (C) otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or\n- (A) if the Court of Appeal makes a decision leading to trial—the end day; or\n- (B) if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or\n- (C) otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or\n- (ii) if an appeal to the Court of Appeal against the decision is started within the 28 days but is later withdrawn—the day that is 28 days after the date of the Mental Health Court’s decision; or\n- (iii) if an appeal to the Court of Appeal against the decision is not started within the 28 days but within that time the person elects to be brought to trial for the offence—the day the trial for the offence ends; or\n- (iv) otherwise—the day that is 28 days after the date of the Mental Health Court’s decision.\n- • a decision made under section 116 that the person was of unsound mind when the offence was allegedly committed\n- • a decision made under section 118 that the person is unfit for trial and the unfitness for trial is permanent\n- (i) if an appeal to the Court of Appeal against the decision is started within 28 days after the date of the decision and the appeal is not withdrawn— (A) if the Court of Appeal makes a decision leading to trial—the end day; or (B) if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or (C) otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or\n- (A) if the Court of Appeal makes a decision leading to trial—the end day; or\n- (B) if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or\n- (C) otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or\n- (ii) if an appeal to the Court of Appeal against the decision is started within the 28 days but is later withdrawn—the day that is 28 days after the date of the Mental Health Court’s decision; or\n- (iii) if an appeal to the Court of Appeal against the decision is not started within the 28 days but within that time the person elects to be brought to trial for the offence—the day the trial for the offence ends; or\n- (iv) otherwise—the day that is 28 days after the date of the Mental Health Court’s decision.\n- (A) if the Court of Appeal makes a decision leading to trial—the end day; or\n- (B) if the Court of Appeal returns the matter to the Mental Health Court and the Mental Health Court makes a decision other than a decision leading to trial—the day that is 28 days after the date of the Mental Health Court’s decision; or\n- (C) otherwise—the day that is 28 days after the date of the Court of Appeal’s decision; or\n- • a decision made under section 116 that the person was of unsound mind when the offence was allegedly committed\n- • a decision made under section 118 that the person is unfit for trial and the unfitness for trial is permanent\n- (a) the offence to which the reference relates; or\n- (b) if the reference relates to the offence of murder and the person was of diminished responsibility when the offence was allegedly committed—another offence constituted by the act or omission to which the offence of murder relates.","sortOrder":1033},{"sectionNumber":"sec.790","sectionType":"section","heading":"Publication of report of other proceedings","content":"### sec.790 Publication of report of other proceedings\n\nA person must not publish a report of a proceeding of—\nthe tribunal; or\nthe Mental Health Court relating to an appeal against a decision of the tribunal; or\nthe Mental Health Court relating to a review under section 673 .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nHowever, a person does not commit an offence against subsection (1) if the person publishes the report with the leave of the tribunal or the Mental Health Court.\nThe tribunal or the Mental Health Court may grant leave to publish the report only if it is satisfied—\npublication of the report is in the public interest; and\nthe report does not contain information that identifies, or is likely to identify—\nthe person the subject of the proceeding; or\na person who appears as a witness before the tribunal or court in the proceeding; or\na person mentioned or otherwise involved in the proceeding.\n(sec.790-ssec.1) A person must not publish a report of a proceeding of— the tribunal; or the Mental Health Court relating to an appeal against a decision of the tribunal; or the Mental Health Court relating to a review under section 673 . Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.790-ssec.2) However, a person does not commit an offence against subsection (1) if the person publishes the report with the leave of the tribunal or the Mental Health Court.\n(sec.790-ssec.3) The tribunal or the Mental Health Court may grant leave to publish the report only if it is satisfied— publication of the report is in the public interest; and the report does not contain information that identifies, or is likely to identify— the person the subject of the proceeding; or a person who appears as a witness before the tribunal or court in the proceeding; or a person mentioned or otherwise involved in the proceeding.\n- (a) the tribunal; or\n- (b) the Mental Health Court relating to an appeal against a decision of the tribunal; or\n- (c) the Mental Health Court relating to a review under section 673 .\n- (a) publication of the report is in the public interest; and\n- (b) the report does not contain information that identifies, or is likely to identify— (i) the person the subject of the proceeding; or (ii) a person who appears as a witness before the tribunal or court in the proceeding; or (iii) a person mentioned or otherwise involved in the proceeding.\n- (i) the person the subject of the proceeding; or\n- (ii) a person who appears as a witness before the tribunal or court in the proceeding; or\n- (iii) a person mentioned or otherwise involved in the proceeding.\n- (i) the person the subject of the proceeding; or\n- (ii) a person who appears as a witness before the tribunal or court in the proceeding; or\n- (iii) a person mentioned or otherwise involved in the proceeding.","sortOrder":1034},{"sectionNumber":"sec.791","sectionType":"section","heading":"Publication of information disclosing identity of party to proceeding","content":"### sec.791 Publication of information disclosing identity of party to proceeding\n\nA person must not publish information that identifies, or is likely to lead to the identification of, a minor who is or has been a party to a proceeding under this Act in the tribunal, Mental Health Court or Court of Appeal.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nA person must not publish information that identifies, or is likely to lead to the identification of, a person other than a minor who is or has been a party to a proceeding mentioned in section 790 (1) .\nMaximum penalty—200 penalty units or 2 years imprisonment.\nHowever, a person does not commit an offence against subsection (2) if the person publishes the information with the leave of the tribunal, the Mental Health Court or the Court of Appeal.\nThe tribunal, Mental Health Court or Court of Appeal may grant leave to publish the information only if it is satisfied—\nthe publication is necessary to assist in lessening or preventing a serious risk to—\nthe life, health or safety of a person, including the person to whom the information relates; or\npublic safety; or\nthe publication is in the public interest.\n(sec.791-ssec.1) A person must not publish information that identifies, or is likely to lead to the identification of, a minor who is or has been a party to a proceeding under this Act in the tribunal, Mental Health Court or Court of Appeal. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.791-ssec.2) A person must not publish information that identifies, or is likely to lead to the identification of, a person other than a minor who is or has been a party to a proceeding mentioned in section 790 (1) . Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.791-ssec.3) However, a person does not commit an offence against subsection (2) if the person publishes the information with the leave of the tribunal, the Mental Health Court or the Court of Appeal.\n(sec.791-ssec.4) The tribunal, Mental Health Court or Court of Appeal may grant leave to publish the information only if it is satisfied— the publication is necessary to assist in lessening or preventing a serious risk to— the life, health or safety of a person, including the person to whom the information relates; or public safety; or the publication is in the public interest.\n- (a) the publication is necessary to assist in lessening or preventing a serious risk to— (i) the life, health or safety of a person, including the person to whom the information relates; or (ii) public safety; or\n- (i) the life, health or safety of a person, including the person to whom the information relates; or\n- (ii) public safety; or\n- (b) the publication is in the public interest.\n- (i) the life, health or safety of a person, including the person to whom the information relates; or\n- (ii) public safety; or","sortOrder":1035},{"sectionNumber":"sec.792","sectionType":"section","heading":"Publication of date of hearing permitted","content":"### sec.792 Publication of date of hearing permitted\n\nNothing in this part prevents the disclosure of a date, or time, of a hearing to be held in the Mental Health Court.","sortOrder":1036},{"sectionNumber":"sec.793","sectionType":"section","heading":"Publication of information disclosed at hearing permitted","content":"### sec.793 Publication of information disclosed at hearing permitted\n\nSubject to sections 789 , 790 and 791 , nothing in this part prevents the disclosure of information disclosed in a hearing of the Mental Health Court.\nFor provisions other than in this part that prohibit the disclosure of information disclosed in a hearing of the Mental Health Court, see, for example, sections 164 and 696 .","sortOrder":1037},{"sectionNumber":"ch.17-pt.5","sectionType":"part","heading":"Availability of copies of tribunal records and transcripts","content":"# Availability of copies of tribunal records and transcripts","sortOrder":1038},{"sectionNumber":"sec.793A","sectionType":"section","heading":"Restrictions on availability of copies of records and transcriptions of proceedings","content":"### sec.793A Restrictions on availability of copies of records and transcriptions of proceedings\n\nThis section applies if—\na record is made in relation to a proceeding in the tribunal under this Act; and\nthe Recording of Evidence Act 1962 , section 6 applies in relation to the record or a transcription of the record; and\nthe president is the judicial person prescribed by regulation for the tribunal for that section; and\na person requests a copy of the record or transcription under that section.\nThe president must not make available the copy of the record or transcription to the person unless the person is—\na judicial person; or\nthe registrar; or\nthe chief psychiatrist performing a function or exercising a power under this Act; or\nan inspector mentioned in section 555 (1) or (2) performing a function or exercising a power under this Act; or\nan entitled person, to the extent making the copy available would not contravene a confidentiality order or section 743 .\nSubsection (4) applies if—\nthe person requesting the copy of the record or transcription is an entitled person who applied for an examination authority as a person mentioned in section 502 (1) (c) ; and\nthe copy relates to a decision in a proceeding in the tribunal about the examination authority.\nThe president must ensure that the copy of the record or transcription made available to the entitled person does not disclose the following information—\ncontact details of the person the subject of the application for the examination authority;\ninformation about the health or health care of the person the subject of the application.\nIn this section—\nentitled person , in relation to requesting a copy of a record or transcription, means a person entitled under this Act to be given written notice of a decision in a proceeding to which the copy relates.\njudicial person see the Recording of Evidence Act 1962 , section 4 .\ns 793A ins 2023 No. 9 s 17\n(sec.793A-ssec.1) This section applies if— a record is made in relation to a proceeding in the tribunal under this Act; and the Recording of Evidence Act 1962 , section 6 applies in relation to the record or a transcription of the record; and the president is the judicial person prescribed by regulation for the tribunal for that section; and a person requests a copy of the record or transcription under that section.\n(sec.793A-ssec.2) The president must not make available the copy of the record or transcription to the person unless the person is— a judicial person; or the registrar; or the chief psychiatrist performing a function or exercising a power under this Act; or an inspector mentioned in section 555 (1) or (2) performing a function or exercising a power under this Act; or an entitled person, to the extent making the copy available would not contravene a confidentiality order or section 743 .\n(sec.793A-ssec.3) Subsection (4) applies if— the person requesting the copy of the record or transcription is an entitled person who applied for an examination authority as a person mentioned in section 502 (1) (c) ; and the copy relates to a decision in a proceeding in the tribunal about the examination authority.\n(sec.793A-ssec.4) The president must ensure that the copy of the record or transcription made available to the entitled person does not disclose the following information— contact details of the person the subject of the application for the examination authority; information about the health or health care of the person the subject of the application.\n(sec.793A-ssec.5) In this section— entitled person , in relation to requesting a copy of a record or transcription, means a person entitled under this Act to be given written notice of a decision in a proceeding to which the copy relates. judicial person see the Recording of Evidence Act 1962 , section 4 .\n- (a) a record is made in relation to a proceeding in the tribunal under this Act; and\n- (b) the Recording of Evidence Act 1962 , section 6 applies in relation to the record or a transcription of the record; and\n- (c) the president is the judicial person prescribed by regulation for the tribunal for that section; and\n- (d) a person requests a copy of the record or transcription under that section.\n- (a) a judicial person; or\n- (b) the registrar; or\n- (c) the chief psychiatrist performing a function or exercising a power under this Act; or\n- (d) an inspector mentioned in section 555 (1) or (2) performing a function or exercising a power under this Act; or\n- (e) an entitled person, to the extent making the copy available would not contravene a confidentiality order or section 743 .\n- (a) the person requesting the copy of the record or transcription is an entitled person who applied for an examination authority as a person mentioned in section 502 (1) (c) ; and\n- (b) the copy relates to a decision in a proceeding in the tribunal about the examination authority.\n- (a) contact details of the person the subject of the application for the examination authority;\n- (b) information about the health or health care of the person the subject of the application.","sortOrder":1039},{"sectionNumber":"ch.18A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1040},{"sectionNumber":"sec.800A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.800A Definitions for chapter\n\nIn this chapter—\nrelevant decision see section 800D (1) .\nrepealed Act means the repealed Mental Health Act 2000 .\nspecial tribunal see section 800C (1) .\ns 800A ins 2017 No. 3 s 50A","sortOrder":1041},{"sectionNumber":"ch.18A-pt.2","sectionType":"part","heading":"Validation","content":"# Validation","sortOrder":1042},{"sectionNumber":"sec.800B","sectionType":"section","heading":"Validation provision for purported appointment of ineligible person","content":"### sec.800B Validation provision for purported appointment of ineligible person\n\nThis section applies in relation to the person—\nwho was purportedly appointed as a member of the tribunal under the repealed Act on 28 February 2002 on the basis that the person was eligible for appointment because the person was a lawyer of at least 5 years standing under the repealed Act, section 440 (4) (a) ; and\nwhose purported appointment was continued on that basis even though the person was not eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period.\nFor the repealed Act, the person is taken—\nto have been eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period; and\nto have been validly appointed on that basis as a member of the tribunal for the relevant period.\nAnything done or omitted to be done during the relevant period that would have been valid and lawful under the repealed Act had the person been validly appointed as a member is taken to be, and always to have been, valid and lawful.\nIn this section—\nrelevant period means the period starting on 28 February 2002 and ending on 31 August 2016.\ns 800B ins 2017 No. 3 s 50A\n(sec.800B-ssec.1) This section applies in relation to the person— who was purportedly appointed as a member of the tribunal under the repealed Act on 28 February 2002 on the basis that the person was eligible for appointment because the person was a lawyer of at least 5 years standing under the repealed Act, section 440 (4) (a) ; and whose purported appointment was continued on that basis even though the person was not eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period.\n(sec.800B-ssec.2) For the repealed Act, the person is taken— to have been eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period; and to have been validly appointed on that basis as a member of the tribunal for the relevant period.\n(sec.800B-ssec.3) Anything done or omitted to be done during the relevant period that would have been valid and lawful under the repealed Act had the person been validly appointed as a member is taken to be, and always to have been, valid and lawful.\n(sec.800B-ssec.4) In this section— relevant period means the period starting on 28 February 2002 and ending on 31 August 2016.\n- (a) who was purportedly appointed as a member of the tribunal under the repealed Act on 28 February 2002 on the basis that the person was eligible for appointment because the person was a lawyer of at least 5 years standing under the repealed Act, section 440 (4) (a) ; and\n- (b) whose purported appointment was continued on that basis even though the person was not eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period.\n- (a) to have been eligible for appointment under the repealed Act, section 440 (4) (a) during the relevant period; and\n- (b) to have been validly appointed on that basis as a member of the tribunal for the relevant period.","sortOrder":1043},{"sectionNumber":"ch.18A-pt.3","sectionType":"part","heading":"Referral of particular decisions to special tribunal","content":"# Referral of particular decisions to special tribunal","sortOrder":1044},{"sectionNumber":"sec.800C","sectionType":"section","heading":"Special tribunal","content":"### sec.800C Special tribunal\n\nThe special tribunal is the tribunal constituted under subsection (2) for hearing a referral by the chief executive under section 800E .\nThe special tribunal must be constituted by at least 3, but not more than 5, members of whom—\nat least 1 must be a lawyer; and\nat least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and\nat least 1 person must be a person who is not a lawyer or doctor.\ns 800C ins 2017 No. 3 s 50A\n(sec.800C-ssec.1) The special tribunal is the tribunal constituted under subsection (2) for hearing a referral by the chief executive under section 800E .\n(sec.800C-ssec.2) The special tribunal must be constituted by at least 3, but not more than 5, members of whom— at least 1 must be a lawyer; and at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and at least 1 person must be a person who is not a lawyer or doctor.\n- (a) at least 1 must be a lawyer; and\n- (b) at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and\n- (c) at least 1 person must be a person who is not a lawyer or doctor.","sortOrder":1045},{"sectionNumber":"sec.800D","sectionType":"section","heading":"Request to refer relevant decision to the special tribunal","content":"### sec.800D Request to refer relevant decision to the special tribunal\n\nThis section applies in relation to a decision (a relevant decision ) made by the tribunal under the repealed Act as constituted by—\nthe person mentioned in section 800B (1) ; or\nmembers who included the person mentioned in section 800B (1) .\nThe following persons may ask the chief executive to refer a relevant decision to the special tribunal for a decision under section 800F —\nthe person who is or was the subject of the decision, or an interested person for the person;\nif the relevant decision was made under the repealed Act, section 318R in a proceeding for a forensic information order—the applicant in the proceeding.\nThe request must be made to the chief executive within 6 months after the commencement.\ns 800D ins 2017 No. 3 s 50A\n(sec.800D-ssec.1) This section applies in relation to a decision (a relevant decision ) made by the tribunal under the repealed Act as constituted by— the person mentioned in section 800B (1) ; or members who included the person mentioned in section 800B (1) .\n(sec.800D-ssec.2) The following persons may ask the chief executive to refer a relevant decision to the special tribunal for a decision under section 800F — the person who is or was the subject of the decision, or an interested person for the person; if the relevant decision was made under the repealed Act, section 318R in a proceeding for a forensic information order—the applicant in the proceeding.\n(sec.800D-ssec.3) The request must be made to the chief executive within 6 months after the commencement.\n- (a) the person mentioned in section 800B (1) ; or\n- (b) members who included the person mentioned in section 800B (1) .\n- (a) the person who is or was the subject of the decision, or an interested person for the person;\n- (b) if the relevant decision was made under the repealed Act, section 318R in a proceeding for a forensic information order—the applicant in the proceeding.","sortOrder":1046},{"sectionNumber":"sec.800E","sectionType":"section","heading":"When chief executive may refer relevant decision","content":"### sec.800E When chief executive may refer relevant decision\n\nThe chief executive may refer a relevant decision to the special tribunal only if the chief executive considers the decision is likely to have been affected in a material way because, when the decision was made, the tribunal was constituted in a way mentioned in section 800D (1) .\ns 800E ins 2017 No. 3 s 50A\n(sec.800E-ssec) The chief executive may refer a relevant decision to the special tribunal only if the chief executive considers the decision is likely to have been affected in a material way because, when the decision was made, the tribunal was constituted in a way mentioned in section 800D (1) .","sortOrder":1047},{"sectionNumber":"sec.800F","sectionType":"section","heading":"Decision by special tribunal on referral","content":"### sec.800F Decision by special tribunal on referral\n\nThis section applies if, on considering a referral of a relevant decision, the special tribunal is satisfied the relevant decision is likely to have been affected in a material way because, when the decision was made, the tribunal was constituted in a way mentioned in section 800D (1) .\nThe special tribunal may—\nif the relevant decision is still in force—refer the matter to the tribunal for a new decision under section 800G ; and\nmake any other recommendation to the chief executive about the relevant decision the tribunal considers appropriate.\nHowever, if an appeal is or has been made against the relevant decision, the special tribunal must not make a decision under subsection (2) until the appeal is decided or withdrawn.\ns 800F ins 2017 No. 3 s 50A\n(sec.800F-ssec.1) This section applies if, on considering a referral of a relevant decision, the special tribunal is satisfied the relevant decision is likely to have been affected in a material way because, when the decision was made, the tribunal was constituted in a way mentioned in section 800D (1) .\n(sec.800F-ssec.2) The special tribunal may— if the relevant decision is still in force—refer the matter to the tribunal for a new decision under section 800G ; and make any other recommendation to the chief executive about the relevant decision the tribunal considers appropriate.\n(sec.800F-ssec.3) However, if an appeal is or has been made against the relevant decision, the special tribunal must not make a decision under subsection (2) until the appeal is decided or withdrawn.\n- (a) if the relevant decision is still in force—refer the matter to the tribunal for a new decision under section 800G ; and\n- (b) make any other recommendation to the chief executive about the relevant decision the tribunal considers appropriate.","sortOrder":1048},{"sectionNumber":"ch.18A-pt.4","sectionType":"part","heading":"Decisions by tribunal","content":"# Decisions by tribunal","sortOrder":1049},{"sectionNumber":"sec.800G","sectionType":"section","heading":"Decision by tribunal on referral","content":"### sec.800G Decision by tribunal on referral\n\nIf the special tribunal refers the matter to the tribunal for a new decision, the tribunal must—\nhear and decide the matters the subject of the proceeding in which the relevant decision was made, by way of a fresh hearing on the merits; and\nset aside the relevant decision and substitute a new decision.\nThe repealed Act applies in relation to a proceeding under this section as if it had not been repealed.\nFor this Act and the repealed Act, the new decision substituted under subsection (1) (b) —\nis the tribunal’s final decision in the proceeding; and\nfor chapter 20 , part 7 —is taken to have been made on the same day as the relevant decision.\nTo remove any doubt, it is declared that—\nthe new decision by the tribunal may be consistent with the relevant decision; and\nthe repealed Act, chapter 8 applies in relation to the new decision.\ns 800G ins 2017 No. 3 s 50A\n(sec.800G-ssec.1) If the special tribunal refers the matter to the tribunal for a new decision, the tribunal must— hear and decide the matters the subject of the proceeding in which the relevant decision was made, by way of a fresh hearing on the merits; and set aside the relevant decision and substitute a new decision.\n(sec.800G-ssec.2) The repealed Act applies in relation to a proceeding under this section as if it had not been repealed.\n(sec.800G-ssec.3) For this Act and the repealed Act, the new decision substituted under subsection (1) (b) — is the tribunal’s final decision in the proceeding; and for chapter 20 , part 7 —is taken to have been made on the same day as the relevant decision.\n(sec.800G-ssec.4) To remove any doubt, it is declared that— the new decision by the tribunal may be consistent with the relevant decision; and the repealed Act, chapter 8 applies in relation to the new decision.\n- (a) hear and decide the matters the subject of the proceeding in which the relevant decision was made, by way of a fresh hearing on the merits; and\n- (b) set aside the relevant decision and substitute a new decision.\n- (a) is the tribunal’s final decision in the proceeding; and\n- (b) for chapter 20 , part 7 —is taken to have been made on the same day as the relevant decision.\n- (a) the new decision by the tribunal may be consistent with the relevant decision; and\n- (b) the repealed Act, chapter 8 applies in relation to the new decision.","sortOrder":1050},{"sectionNumber":"ch.20-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1051},{"sectionNumber":"sec.802","sectionType":"section","heading":"Definitions for ch 20","content":"### sec.802 Definitions for ch 20\n\nIn this chapter—\ncommencement means the commencement of this chapter.\nnew Act means this Act.\nrepealed Act means the repealed Mental Health Act 2000 .","sortOrder":1052},{"sectionNumber":"sec.803","sectionType":"section","heading":"Application of new Act in relation to proceedings for alleged offences","content":"### sec.803 Application of new Act in relation to proceedings for alleged offences\n\nTo the extent a provision of the new Act relates to a proceeding for an alleged offence, the new Act applies if a proceeding is started after the commencement.\nFor subsection (1), it is irrelevant whether the offence is alleged to have been committed before or after the commencement.\nTo the extent subsection (1) is inconsistent with any other provision of this chapter, the other provision prevails.\n(sec.803-ssec.1) To the extent a provision of the new Act relates to a proceeding for an alleged offence, the new Act applies if a proceeding is started after the commencement.\n(sec.803-ssec.2) For subsection (1), it is irrelevant whether the offence is alleged to have been committed before or after the commencement.\n(sec.803-ssec.3) To the extent subsection (1) is inconsistent with any other provision of this chapter, the other provision prevails.","sortOrder":1053},{"sectionNumber":"sec.804","sectionType":"section","heading":"Detention under repealed Act","content":"### sec.804 Detention under repealed Act\n\nA person detained or remanded in custody under the repealed Act immediately before the commencement is taken to be detained or remanded in custody under the new Act and may be dealt with under the new Act.\nTo the extent subsection (1) is inconsistent with any other provision of this chapter, the other provision prevails.\n(sec.804-ssec.1) A person detained or remanded in custody under the repealed Act immediately before the commencement is taken to be detained or remanded in custody under the new Act and may be dealt with under the new Act.\n(sec.804-ssec.2) To the extent subsection (1) is inconsistent with any other provision of this chapter, the other provision prevails.","sortOrder":1054},{"sectionNumber":"ch.20-pt.2","sectionType":"part","heading":"Provisions about assessment and detention under chapters 2 and 3 of repealed Act","content":"# Provisions about assessment and detention under chapters 2 and 3 of repealed Act","sortOrder":1055},{"sectionNumber":"sec.805","sectionType":"section","heading":"Assessment documents","content":"### sec.805 Assessment documents\n\nA request for assessment in force under the repealed Act immediately before the commencement stops having effect on the commencement.\nA recommendation for assessment in force under the repealed Act immediately before the commencement—\nis taken to be a recommendation for assessment under the new Act; and\nremains in force for 7 days after it was made under the repealed Act.\n(sec.805-ssec.1) A request for assessment in force under the repealed Act immediately before the commencement stops having effect on the commencement.\n(sec.805-ssec.2) A recommendation for assessment in force under the repealed Act immediately before the commencement— is taken to be a recommendation for assessment under the new Act; and remains in force for 7 days after it was made under the repealed Act.\n- (a) is taken to be a recommendation for assessment under the new Act; and\n- (b) remains in force for 7 days after it was made under the repealed Act.","sortOrder":1056},{"sectionNumber":"sec.806","sectionType":"section","heading":"Persons subject to assessment documents","content":"### sec.806 Persons subject to assessment documents\n\nThis section applies if, immediately before the commencement, a person for whom assessment documents were in force under the repealed Act was being taken under that Act to a place.\nThe repealed Act continues to apply in relation to the taking of the person as if that Act had not been repealed.\n(sec.806-ssec.1) This section applies if, immediately before the commencement, a person for whom assessment documents were in force under the repealed Act was being taken under that Act to a place.\n(sec.806-ssec.2) The repealed Act continues to apply in relation to the taking of the person as if that Act had not been repealed.","sortOrder":1057},{"sectionNumber":"sec.807","sectionType":"section","heading":"Justices examination order","content":"### sec.807 Justices examination order\n\nAn application for a justices examination order made under the repealed Act but not decided before the commencement may be heard, or continue to be heard, and dealt with under that Act as if it had not been repealed.\nA justices examination order in force under the repealed Act immediately before the commencement continues in force for the period it would have been in force under that Act.\nFor the purposes of a justices examination order made because of the application of subsection (1) or mentioned in subsection (2), the repealed Act, chapter 2, part 3, division 2 continues to apply as if the new Act had not commenced.\nOn examination of a person under the repealed Act as applied under subsection (3), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.\nThe recommendation for assessment is a recommendation for assessment made under the new Act, section 39.\n(sec.807-ssec.1) An application for a justices examination order made under the repealed Act but not decided before the commencement may be heard, or continue to be heard, and dealt with under that Act as if it had not been repealed.\n(sec.807-ssec.2) A justices examination order in force under the repealed Act immediately before the commencement continues in force for the period it would have been in force under that Act.\n(sec.807-ssec.3) For the purposes of a justices examination order made because of the application of subsection (1) or mentioned in subsection (2), the repealed Act, chapter 2, part 3, division 2 continues to apply as if the new Act had not commenced.\n(sec.807-ssec.4) On examination of a person under the repealed Act as applied under subsection (3), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.\n(sec.807-ssec.5) The recommendation for assessment is a recommendation for assessment made under the new Act, section 39.","sortOrder":1058},{"sectionNumber":"sec.808","sectionType":"section","heading":"Emergency examination order","content":"### sec.808 Emergency examination order\n\nSubsections (2) to (4) apply if, immediately before the commencement, a police officer or an ambulance officer was taking a person to an authorised mental health service under the repealed Act, section 34.\nThe repealed Act, sections 35 and 36 continue to apply in relation to the persons mentioned in subsection (1) as if the new Act had not commenced.\nOn examination of a person under the repealed Act as applied under subsection (2), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.\nThe recommendation for assessment is a recommendation for assessment made under the new Act, section 39.\nSubsections (6) to (8) apply if, immediately before the commencement, a person—\nwas being taken to an authorised mental health service under the repealed Act, section 39 by a psychiatrist, police officer or ambulance officer; or\nwas being detained in an authorised mental health service under the repealed Act, section 40.\nThe repealed Act, sections 39 and 40 continue to apply in relation to the persons mentioned in subsection (5).\nOn examination of a person under the repealed Act as applied under subsection (6), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.\nThe recommendation for assessment is a recommendation for assessment made under the new Act, section 39.\nThe repealed Act, section 41 continues to apply in relation to a person the subject of an examination mentioned in this section.\n(sec.808-ssec.1) Subsections (2) to (4) apply if, immediately before the commencement, a police officer or an ambulance officer was taking a person to an authorised mental health service under the repealed Act, section 34.\n(sec.808-ssec.2) The repealed Act, sections 35 and 36 continue to apply in relation to the persons mentioned in subsection (1) as if the new Act had not commenced.\n(sec.808-ssec.3) On examination of a person under the repealed Act as applied under subsection (2), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.\n(sec.808-ssec.4) The recommendation for assessment is a recommendation for assessment made under the new Act, section 39.\n(sec.808-ssec.5) Subsections (6) to (8) apply if, immediately before the commencement, a person— was being taken to an authorised mental health service under the repealed Act, section 39 by a psychiatrist, police officer or ambulance officer; or was being detained in an authorised mental health service under the repealed Act, section 40.\n(sec.808-ssec.6) The repealed Act, sections 39 and 40 continue to apply in relation to the persons mentioned in subsection (5).\n(sec.808-ssec.7) On examination of a person under the repealed Act as applied under subsection (6), a doctor or authorised mental health practitioner may, under the new Act, decide to make a recommendation for assessment for the person.\n(sec.808-ssec.8) The recommendation for assessment is a recommendation for assessment made under the new Act, section 39.\n(sec.808-ssec.9) The repealed Act, section 41 continues to apply in relation to a person the subject of an examination mentioned in this section.\n- (a) was being taken to an authorised mental health service under the repealed Act, section 39 by a psychiatrist, police officer or ambulance officer; or\n- (b) was being detained in an authorised mental health service under the repealed Act, section 40.","sortOrder":1059},{"sectionNumber":"sec.809","sectionType":"section","heading":"Detention for assessment","content":"### sec.809 Detention for assessment\n\nThis section applies if, immediately before the commencement—\na person was detained in an authorised mental health service for assessment under the repealed Act, section 44; and\nthe assessment period for the person under that Act had not ended; and\nan assessment of the person under that Act had not been made.\nThe person is taken to be detained for assessment, and may be dealt with, under the new Act.\nThe assessment period for the person under the new Act is taken to have started when the person’s assessment period started under the repealed Act, and may be extended in compliance with the new Act.\n(sec.809-ssec.1) This section applies if, immediately before the commencement— a person was detained in an authorised mental health service for assessment under the repealed Act, section 44; and the assessment period for the person under that Act had not ended; and an assessment of the person under that Act had not been made.\n(sec.809-ssec.2) The person is taken to be detained for assessment, and may be dealt with, under the new Act.\n(sec.809-ssec.3) The assessment period for the person under the new Act is taken to have started when the person’s assessment period started under the repealed Act, and may be extended in compliance with the new Act.\n- (a) a person was detained in an authorised mental health service for assessment under the repealed Act, section 44; and\n- (b) the assessment period for the person under that Act had not ended; and\n- (c) an assessment of the person under that Act had not been made.","sortOrder":1060},{"sectionNumber":"sec.810","sectionType":"section","heading":"Agreement for assessment","content":"### sec.810 Agreement for assessment\n\nThis section applies to an agreement for assessment under the repealed Act—\nfor a person’s assessment at an authorised mental health service; and\nthat was in force immediately before the commencement.\nFor the new Act, the agreement for assessment is taken to be an administrator consent under the new Act for the person’s transport to an authorised mental health service.\nIf the person has not been taken for assessment to the authorised mental health service within 72 hours from the commencement, a doctor or authorised mental health practitioner must give written notice to the chief psychiatrist of that fact.\n(sec.810-ssec.1) This section applies to an agreement for assessment under the repealed Act— for a person’s assessment at an authorised mental health service; and that was in force immediately before the commencement.\n(sec.810-ssec.2) For the new Act, the agreement for assessment is taken to be an administrator consent under the new Act for the person’s transport to an authorised mental health service.\n(sec.810-ssec.3) If the person has not been taken for assessment to the authorised mental health service within 72 hours from the commencement, a doctor or authorised mental health practitioner must give written notice to the chief psychiatrist of that fact.\n- (a) for a person’s assessment at an authorised mental health service; and\n- (b) that was in force immediately before the commencement.","sortOrder":1061},{"sectionNumber":"sec.811","sectionType":"section","heading":"Custodian’s assessment authority","content":"### sec.811 Custodian’s assessment authority\n\nA custodian’s assessment authority under the repealed Act is taken to be a custodian consent under the new Act for the person subject to the authority.","sortOrder":1062},{"sectionNumber":"sec.812","sectionType":"section","heading":"Taking person to authorised mental health service","content":"### sec.812 Taking person to authorised mental health service\n\nThis section applies if, immediately before the commencement—\na recommendation for assessment and a custodian’s assessment authority under the repealed Act were in force for a person; and\nthe person had not been taken to an authorised mental health service, under the recommendation and authority, for assessment.\nFor the purposes of the new Act, the person may be transported to the authorised mental health service under the recommendation and authority.\n(sec.812-ssec.1) This section applies if, immediately before the commencement— a recommendation for assessment and a custodian’s assessment authority under the repealed Act were in force for a person; and the person had not been taken to an authorised mental health service, under the recommendation and authority, for assessment.\n(sec.812-ssec.2) For the purposes of the new Act, the person may be transported to the authorised mental health service under the recommendation and authority.\n- (a) a recommendation for assessment and a custodian’s assessment authority under the repealed Act were in force for a person; and\n- (b) the person had not been taken to an authorised mental health service, under the recommendation and authority, for assessment.","sortOrder":1063},{"sectionNumber":"sec.813","sectionType":"section","heading":"Classified patients","content":"### sec.813 Classified patients\n\nA classified patient under the repealed Act immediately before the commencement is taken to be a classified patient under the new Act.\nA classified patient who consented to being treated and was at an authorised mental health service immediately before the commencement is taken to be a classified patient (voluntary).\n(sec.813-ssec.1) A classified patient under the repealed Act immediately before the commencement is taken to be a classified patient under the new Act.\n(sec.813-ssec.2) A classified patient who consented to being treated and was at an authorised mental health service immediately before the commencement is taken to be a classified patient (voluntary).","sortOrder":1064},{"sectionNumber":"sec.814","sectionType":"section","heading":"Report of authorised doctor","content":"### sec.814 Report of authorised doctor\n\nThis section applies if—\nunder the repealed Act, section 74, an authorised doctor had given the director a report about a patient; and\nthe director had not considered the report under the repealed Act, section 83 by the commencement.\nThe report is taken to be a notice received by the chief psychiatrist under the new Act, section 82 and the chief psychiatrist must deal with the notice under that section.\n(sec.814-ssec.1) This section applies if— under the repealed Act, section 74, an authorised doctor had given the director a report about a patient; and the director had not considered the report under the repealed Act, section 83 by the commencement.\n(sec.814-ssec.2) The report is taken to be a notice received by the chief psychiatrist under the new Act, section 82 and the chief psychiatrist must deal with the notice under that section.\n- (a) under the repealed Act, section 74, an authorised doctor had given the director a report about a patient; and\n- (b) the director had not considered the report under the repealed Act, section 83 by the commencement.","sortOrder":1065},{"sectionNumber":"sec.815","sectionType":"section","heading":"Involuntary treatment orders","content":"### sec.815 Involuntary treatment orders\n\nAn involuntary treatment order under the repealed Act that was in force immediately before the commencement is taken to be a treatment authority under the new Act.\nOn the commencement—\nthe category of the treatment authority is the category of the involuntary treatment order; and\nthe new Act applies in relation to the category of the treatment authority as if the authority had been made under the new Act.\nAny conditions of the involuntary treatment order, including conditions about limited community treatment, are taken to be conditions of the treatment authority.\nSubject to section 818, if, under the repealed Act and immediately before the commencement, limited community treatment was authorised under the involuntary treatment order by an authorised doctor, the limited community treatment is taken to be authorised under the new Act.\nIf, immediately before the commencement, the person subject to the involuntary treatment order had not been examined under the repealed Act, section 112 by an authorised psychiatrist, an authorised psychiatrist must review the treatment authority under the new Act, section 56.\nIf, immediately before the commencement, notice of the making of the involuntary treatment order had not been given under the repealed Act, section 113, notice must be given in accordance with the new Act, section 55.\nAn assessment of the person subject to the treatment authority must be made under the new Act, section 205 within 3 months after the commencement.\nWithout limiting subsections (2) to (7)—\nfor the purposes of the new Act, the treatment authority is taken to have been made when the involuntary treatment order was made under the repealed Act; and\nthe new Act applies in relation to the treatment authority as if it were made under the new Act.\nTo remove any doubt, it is declared that the person subject to the involuntary treatment order is taken to have been subject to the treatment authority for any period during which the person was subject to the order.\n(sec.815-ssec.1) An involuntary treatment order under the repealed Act that was in force immediately before the commencement is taken to be a treatment authority under the new Act.\n(sec.815-ssec.2) On the commencement— the category of the treatment authority is the category of the involuntary treatment order; and the new Act applies in relation to the category of the treatment authority as if the authority had been made under the new Act.\n(sec.815-ssec.3) Any conditions of the involuntary treatment order, including conditions about limited community treatment, are taken to be conditions of the treatment authority.\n(sec.815-ssec.4) Subject to section 818, if, under the repealed Act and immediately before the commencement, limited community treatment was authorised under the involuntary treatment order by an authorised doctor, the limited community treatment is taken to be authorised under the new Act.\n(sec.815-ssec.5) If, immediately before the commencement, the person subject to the involuntary treatment order had not been examined under the repealed Act, section 112 by an authorised psychiatrist, an authorised psychiatrist must review the treatment authority under the new Act, section 56.\n(sec.815-ssec.6) If, immediately before the commencement, notice of the making of the involuntary treatment order had not been given under the repealed Act, section 113, notice must be given in accordance with the new Act, section 55.\n(sec.815-ssec.7) An assessment of the person subject to the treatment authority must be made under the new Act, section 205 within 3 months after the commencement.\n(sec.815-ssec.8) Without limiting subsections (2) to (7)— for the purposes of the new Act, the treatment authority is taken to have been made when the involuntary treatment order was made under the repealed Act; and the new Act applies in relation to the treatment authority as if it were made under the new Act.\n(sec.815-ssec.9) To remove any doubt, it is declared that the person subject to the involuntary treatment order is taken to have been subject to the treatment authority for any period during which the person was subject to the order.\n- (a) the category of the treatment authority is the category of the involuntary treatment order; and\n- (b) the new Act applies in relation to the category of the treatment authority as if the authority had been made under the new Act.\n- (a) for the purposes of the new Act, the treatment authority is taken to have been made when the involuntary treatment order was made under the repealed Act; and\n- (b) the new Act applies in relation to the treatment authority as if it were made under the new Act.","sortOrder":1066},{"sectionNumber":"ch.20-pt.3","sectionType":"part","heading":"Provisions about assessment or detention of persons before a court or in custody under chapter 3 of repealed Act","content":"# Provisions about assessment or detention of persons before a court or in custody under chapter 3 of repealed Act","sortOrder":1067},{"sectionNumber":"sec.816","sectionType":"section","heading":"Court assessment order","content":"### sec.816 Court assessment order\n\nA court assessment order under the repealed Act, section 58 that was in effect immediately before the commencement is taken to be an examination order under the new Act.","sortOrder":1068},{"sectionNumber":"ch.20-pt.4","sectionType":"part","heading":"Provisions about treatment and care of patients under chapter 4 of repealed Act","content":"# Provisions about treatment and care of patients under chapter 4 of repealed Act","sortOrder":1069},{"sectionNumber":"sec.817","sectionType":"section","heading":"Treatment plans","content":"### sec.817 Treatment plans\n\nThis section applies if, before the commencement, a treatment plan was prepared for a patient under the repealed Act, section 124.\nThe treatment plan is taken to have been recorded by an authorised doctor in the patient’s health records under the new Act, section 202 as the treatment and care planned to be provided to the patient under the new Act.\n(sec.817-ssec.1) This section applies if, before the commencement, a treatment plan was prepared for a patient under the repealed Act, section 124.\n(sec.817-ssec.2) The treatment plan is taken to have been recorded by an authorised doctor in the patient’s health records under the new Act, section 202 as the treatment and care planned to be provided to the patient under the new Act.","sortOrder":1070},{"sectionNumber":"sec.818","sectionType":"section","heading":"Limited community treatment","content":"### sec.818 Limited community treatment\n\nThis section applies if, immediately before the commencement, limited community treatment was authorised for a patient by an authorised doctor under the repealed Act, section 129 or 131.\nThe limited community treatment is taken to have been authorised under the new Act, chapter 7.\nIf the limited community treatment was authorised under the repealed Act, section 129 or 131 subject to conditions, the conditions are taken to have been imposed under the new Act, chapter 7.\n(sec.818-ssec.1) This section applies if, immediately before the commencement, limited community treatment was authorised for a patient by an authorised doctor under the repealed Act, section 129 or 131.\n(sec.818-ssec.2) The limited community treatment is taken to have been authorised under the new Act, chapter 7.\n(sec.818-ssec.3) If the limited community treatment was authorised under the repealed Act, section 129 or 131 subject to conditions, the conditions are taken to have been imposed under the new Act, chapter 7.","sortOrder":1071},{"sectionNumber":"sec.819","sectionType":"section","heading":"Monitoring conditions","content":"### sec.819 Monitoring conditions\n\nThis section applies if, immediately before the commencement, a patient was subject to a monitoring condition imposed under the repealed Act, section 131A.\nIf the patient was a forensic patient, the monitoring condition is taken to have been imposed under the new Act for the same period and on the same conditions.\nHowever, if the monitoring condition required the person to wear a tracking device, the monitoring condition stops having effect on the commencement.\nIf the patient was not a forensic patient, the monitoring condition stops having effect on the commencement.\n(sec.819-ssec.1) This section applies if, immediately before the commencement, a patient was subject to a monitoring condition imposed under the repealed Act, section 131A.\n(sec.819-ssec.2) If the patient was a forensic patient, the monitoring condition is taken to have been imposed under the new Act for the same period and on the same conditions.\n(sec.819-ssec.3) However, if the monitoring condition required the person to wear a tracking device, the monitoring condition stops having effect on the commencement.\n(sec.819-ssec.4) If the patient was not a forensic patient, the monitoring condition stops having effect on the commencement.","sortOrder":1072},{"sectionNumber":"ch.20-pt.5","sectionType":"part","heading":"Provisions about electroconvulsive therapy under chapter 4 of repealed Act","content":"# Provisions about electroconvulsive therapy under chapter 4 of repealed Act","sortOrder":1073},{"sectionNumber":"sec.820","sectionType":"section","heading":"Consent to electroconvulsive therapy","content":"### sec.820 Consent to electroconvulsive therapy\n\nThis section applies if, immediately before the commencement, a patient had given informed consent to electroconvulsive therapy under the repealed Act, section 139.\nThe consent is taken to have been given under the new Act, chapter 7, part 10.\n(sec.820-ssec.1) This section applies if, immediately before the commencement, a patient had given informed consent to electroconvulsive therapy under the repealed Act, section 139.\n(sec.820-ssec.2) The consent is taken to have been given under the new Act, chapter 7, part 10.","sortOrder":1074},{"sectionNumber":"sec.821","sectionType":"section","heading":"Emergency electroconvulsive therapy","content":"### sec.821 Emergency electroconvulsive therapy\n\nThis section applies if, immediately before the commencement, a certificate under the repealed Act, section 140 for emergency electroconvulsive therapy was in force.\nThe certificate is taken to have been given under the new Act, section 237(3).\n(sec.821-ssec.1) This section applies if, immediately before the commencement, a certificate under the repealed Act, section 140 for emergency electroconvulsive therapy was in force.\n(sec.821-ssec.2) The certificate is taken to have been given under the new Act, section 237(3).","sortOrder":1075},{"sectionNumber":"ch.20-pt.6","sectionType":"part","heading":"Provisions about movement, transfer and temporary absence of patients under chapter 5 of repealed Act","content":"# Provisions about movement, transfer and temporary absence of patients under chapter 5 of repealed Act","sortOrder":1076},{"sectionNumber":"sec.822","sectionType":"section","heading":"Move of patients interstate","content":"### sec.822 Move of patients interstate\n\nIf, immediately before the commencement, the tribunal had approved the move to another State of a person subject to a forensic order—\nthe person is taken to have been transferred to the other State under the new Act, chapter 12; and\nto remove any doubt, it is declared that, for the new Act, section 528(3)(b), the 3-year period includes any period before the commencement for which the person was out of Queensland.\nIf an application for approval of a move of a person to an interstate mental health service was made under the repealed Act, section 171 but not decided before the commencement, the application may continue to be heard under the repealed Act as if the new Act had not commenced.\nIf the application is approved, the move is taken to be a transfer approved under the new Act, chapter 12, part 10, division 2.\nSee the new Act, section 528 in relation to the effect of a transfer on a person’s forensic order (mental health), forensic order (disability) or treatment support order.\n(sec.822-ssec.1) If, immediately before the commencement, the tribunal had approved the move to another State of a person subject to a forensic order— the person is taken to have been transferred to the other State under the new Act, chapter 12; and to remove any doubt, it is declared that, for the new Act, section 528(3)(b), the 3-year period includes any period before the commencement for which the person was out of Queensland.\n(sec.822-ssec.2) If an application for approval of a move of a person to an interstate mental health service was made under the repealed Act, section 171 but not decided before the commencement, the application may continue to be heard under the repealed Act as if the new Act had not commenced.\n(sec.822-ssec.3) If the application is approved, the move is taken to be a transfer approved under the new Act, chapter 12, part 10, division 2. See the new Act, section 528 in relation to the effect of a transfer on a person’s forensic order (mental health), forensic order (disability) or treatment support order.\n- (a) the person is taken to have been transferred to the other State under the new Act, chapter 12; and\n- (b) to remove any doubt, it is declared that, for the new Act, section 528(3)(b), the 3-year period includes any period before the commencement for which the person was out of Queensland.","sortOrder":1077},{"sectionNumber":"sec.823","sectionType":"section","heading":"Temporary absences","content":"### sec.823 Temporary absences\n\nThis section applies if, immediately before the commencement, the director under the repealed Act had approved a temporary absence under the repealed Act, section 186.\nThe temporary absence is taken to be approved by the chief psychiatrist under the new Act, chapter 7 for the same period and on the same conditions.\n(sec.823-ssec.1) This section applies if, immediately before the commencement, the director under the repealed Act had approved a temporary absence under the repealed Act, section 186.\n(sec.823-ssec.2) The temporary absence is taken to be approved by the chief psychiatrist under the new Act, chapter 7 for the same period and on the same conditions.","sortOrder":1078},{"sectionNumber":"ch.20-pt.7","sectionType":"part","heading":"Provisions about tribunal reviews under chapter 6 of repealed Act","content":"# Provisions about tribunal reviews under chapter 6 of repealed Act","sortOrder":1079},{"sectionNumber":"ch.20-pt.7-div.1","sectionType":"division","heading":"Orders and decisions made before commencement","content":"## Orders and decisions made before commencement","sortOrder":1080},{"sectionNumber":"sec.824","sectionType":"section","heading":"Particular orders and decisions not given effect before commencement","content":"### sec.824 Particular orders and decisions not given effect before commencement\n\nThis section applies if—\nany of the following was made by the tribunal before the commencement—\nan order under the repealed Act, section 191(2)(c) or 203(2)(d) to transfer a patient from 1 authorised mental health service to another;\na decision under the repealed Act, section 197(1)(b) that a young patient be transferred from a high security unit to an authorised mental health service that was not a high security unit; and\nimmediately before the commencement, the order or decision had not been given effect.\nThe order or decision must be given effect under the repealed Act as if the new Act had not commenced.\n(sec.824-ssec.1) This section applies if— any of the following was made by the tribunal before the commencement— an order under the repealed Act, section 191(2)(c) or 203(2)(d) to transfer a patient from 1 authorised mental health service to another; a decision under the repealed Act, section 197(1)(b) that a young patient be transferred from a high security unit to an authorised mental health service that was not a high security unit; and immediately before the commencement, the order or decision had not been given effect.\n(sec.824-ssec.2) The order or decision must be given effect under the repealed Act as if the new Act had not commenced.\n- (a) any of the following was made by the tribunal before the commencement— (i) an order under the repealed Act, section 191(2)(c) or 203(2)(d) to transfer a patient from 1 authorised mental health service to another; (ii) a decision under the repealed Act, section 197(1)(b) that a young patient be transferred from a high security unit to an authorised mental health service that was not a high security unit; and\n- (i) an order under the repealed Act, section 191(2)(c) or 203(2)(d) to transfer a patient from 1 authorised mental health service to another;\n- (ii) a decision under the repealed Act, section 197(1)(b) that a young patient be transferred from a high security unit to an authorised mental health service that was not a high security unit; and\n- (b) immediately before the commencement, the order or decision had not been given effect.\n- (i) an order under the repealed Act, section 191(2)(c) or 203(2)(d) to transfer a patient from 1 authorised mental health service to another;\n- (ii) a decision under the repealed Act, section 197(1)(b) that a young patient be transferred from a high security unit to an authorised mental health service that was not a high security unit; and","sortOrder":1081},{"sectionNumber":"sec.825","sectionType":"section","heading":"Particular decisions unaffected by new Act","content":"### sec.825 Particular decisions unaffected by new Act\n\nThis section applies to any of the following decisions made by the tribunal before the commencement—\na decision under the repealed Act, section 212 about a person’s fitness for trial;\na decision under the repealed Act, section 233 to approve—\nan application for approval to administer electroconvulsive therapy on a person; or\nan application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.\nThe decision continues in effect and is not affected by the commencement of the new Act.\n(sec.825-ssec.1) This section applies to any of the following decisions made by the tribunal before the commencement— a decision under the repealed Act, section 212 about a person’s fitness for trial; a decision under the repealed Act, section 233 to approve— an application for approval to administer electroconvulsive therapy on a person; or an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.\n(sec.825-ssec.2) The decision continues in effect and is not affected by the commencement of the new Act.\n- (a) a decision under the repealed Act, section 212 about a person’s fitness for trial;\n- (b) a decision under the repealed Act, section 233 to approve— (i) an application for approval to administer electroconvulsive therapy on a person; or (ii) an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.\n- (i) an application for approval to administer electroconvulsive therapy on a person; or\n- (ii) an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.\n- (i) an application for approval to administer electroconvulsive therapy on a person; or\n- (ii) an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.","sortOrder":1082},{"sectionNumber":"ch.20-pt.7-div.2","sectionType":"division","heading":"Reviews and applications not completed before commencement","content":"## Reviews and applications not completed before commencement","sortOrder":1083},{"sectionNumber":"sec.826","sectionType":"section","heading":"Existing applications to tribunal","content":"### sec.826 Existing applications to tribunal\n\nSubsection (2) applies if any of the following applications was made under the repealed Act, chapter 6 but not decided before the commencement—\nan application for a review;\nan application for approval to administer electroconvulsive therapy on a person;\nan application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.\nThe review or application may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced.\nHowever, the repealed Act, chapter 6, part 5A does not apply.\nIf—\nan application for approval to perform psychosurgery was made under the repealed Act, chapter 6 but not decided before the commencement; and\nthe application was not an application mentioned in subsection (1)(c);\non the commencement, the application lapses.\n(sec.826-ssec.1) Subsection (2) applies if any of the following applications was made under the repealed Act, chapter 6 but not decided before the commencement— an application for a review; an application for approval to administer electroconvulsive therapy on a person; an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.\n(sec.826-ssec.2) The review or application may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced.\n(sec.826-ssec.3) However, the repealed Act, chapter 6, part 5A does not apply.\n(sec.826-ssec.4) If— an application for approval to perform psychosurgery was made under the repealed Act, chapter 6 but not decided before the commencement; and the application was not an application mentioned in subsection (1)(c); on the commencement, the application lapses.\n- (a) an application for a review;\n- (b) an application for approval to administer electroconvulsive therapy on a person;\n- (c) an application for approval to perform psychosurgery that is a non-ablative neurosurgical procedure.\n- (a) an application for approval to perform psychosurgery was made under the repealed Act, chapter 6 but not decided before the commencement; and\n- (b) the application was not an application mentioned in subsection (1)(c);","sortOrder":1084},{"sectionNumber":"sec.827","sectionType":"section","heading":"Existing reviews started other than by an application","content":"### sec.827 Existing reviews started other than by an application\n\nThis section applies if a following review was started under the repealed Act but not decided before the commencement—\na periodic review or review on the tribunal’s initiative under chapter 6, part 1 of the application of the treatment criteria to a patient for whom an involuntary treatment order was in force;\na periodic review or review on the tribunal’s initiative under chapter 6, part 2 of the detention of a young patient in a high security unit for treatment or care;\na periodic review or review on the tribunal’s initiative under chapter 6, part 3 of a forensic patient’s mental condition;\na periodic review or review on the tribunal’s initiative under chapter 6, part 4 of the mental condition of a person charged with a relevant offence.\nThe review may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced.\nHowever, the repealed Act, chapter 6, part 5A does not apply for the purposes of the review.\nOn a review mentioned in subsection (1)(c), if the tribunal confirms the forensic order for the patient, the tribunal must consider each of the following for the purposes of the new Act—\nwhether to change the category of the forensic order (mental health) or forensic order (disability) to which the person is subject under section 836 or 837;\nwhether to order or approve, or revoke an existing order or approval for, limited community treatment;\nwhether the conditions to which the order is subject remain appropriate.\nSubsection (4) does not limit the repealed Act, section 203.\nIn this section\nperiodic review means a review under the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1).\n(sec.827-ssec.1) This section applies if a following review was started under the repealed Act but not decided before the commencement— a periodic review or review on the tribunal’s initiative under chapter 6, part 1 of the application of the treatment criteria to a patient for whom an involuntary treatment order was in force; a periodic review or review on the tribunal’s initiative under chapter 6, part 2 of the detention of a young patient in a high security unit for treatment or care; a periodic review or review on the tribunal’s initiative under chapter 6, part 3 of a forensic patient’s mental condition; a periodic review or review on the tribunal’s initiative under chapter 6, part 4 of the mental condition of a person charged with a relevant offence.\n(sec.827-ssec.2) The review may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced.\n(sec.827-ssec.3) However, the repealed Act, chapter 6, part 5A does not apply for the purposes of the review.\n(sec.827-ssec.4) On a review mentioned in subsection (1)(c), if the tribunal confirms the forensic order for the patient, the tribunal must consider each of the following for the purposes of the new Act— whether to change the category of the forensic order (mental health) or forensic order (disability) to which the person is subject under section 836 or 837; whether to order or approve, or revoke an existing order or approval for, limited community treatment; whether the conditions to which the order is subject remain appropriate.\n(sec.827-ssec.5) Subsection (4) does not limit the repealed Act, section 203.\n(sec.827-ssec.6) In this section periodic review means a review under the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1).\n- (a) a periodic review or review on the tribunal’s initiative under chapter 6, part 1 of the application of the treatment criteria to a patient for whom an involuntary treatment order was in force;\n- (b) a periodic review or review on the tribunal’s initiative under chapter 6, part 2 of the detention of a young patient in a high security unit for treatment or care;\n- (c) a periodic review or review on the tribunal’s initiative under chapter 6, part 3 of a forensic patient’s mental condition;\n- (d) a periodic review or review on the tribunal’s initiative under chapter 6, part 4 of the mental condition of a person charged with a relevant offence.\n- (a) whether to change the category of the forensic order (mental health) or forensic order (disability) to which the person is subject under section 836 or 837;\n- (b) whether to order or approve, or revoke an existing order or approval for, limited community treatment;\n- (c) whether the conditions to which the order is subject remain appropriate.","sortOrder":1085},{"sectionNumber":"sec.828","sectionType":"section","heading":"Effect of tribunal’s decision on existing review","content":"### sec.828 Effect of tribunal’s decision on existing review\n\nA decision made by the tribunal on a review dealt with under the repealed Act as continued in effect under this division has effect for the new Act as if the decision were made under the new Act.\nFor subsection (1), the decision takes effect under the new Act—\nif the decision was made under the repealed Act, chapter 6, part 1—in relation to the treatment authority taken to be made for the person under this part; or\nif the decision was made under the repealed Act, chapter 6, part 3—in relation to the forensic order (mental health) or forensic order (disability) taken to be made for the person under this part.\nA decision by the tribunal on an application for an approval mentioned in section 826(1)(b) or (c) is taken to have been made under the new Act, chapter 12, part 9.\nThis section is subject to section 830.\n(sec.828-ssec.1) A decision made by the tribunal on a review dealt with under the repealed Act as continued in effect under this division has effect for the new Act as if the decision were made under the new Act.\n(sec.828-ssec.2) For subsection (1), the decision takes effect under the new Act— if the decision was made under the repealed Act, chapter 6, part 1—in relation to the treatment authority taken to be made for the person under this part; or if the decision was made under the repealed Act, chapter 6, part 3—in relation to the forensic order (mental health) or forensic order (disability) taken to be made for the person under this part.\n(sec.828-ssec.3) A decision by the tribunal on an application for an approval mentioned in section 826(1)(b) or (c) is taken to have been made under the new Act, chapter 12, part 9.\n(sec.828-ssec.4) This section is subject to section 830.\n- (a) if the decision was made under the repealed Act, chapter 6, part 1—in relation to the treatment authority taken to be made for the person under this part; or\n- (b) if the decision was made under the repealed Act, chapter 6, part 3—in relation to the forensic order (mental health) or forensic order (disability) taken to be made for the person under this part.","sortOrder":1086},{"sectionNumber":"ch.20-pt.7-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":1087},{"sectionNumber":"sec.829","sectionType":"section","heading":"When first periodic review under new Act must be conducted","content":"### sec.829 When first periodic review under new Act must be conducted\n\nThis section provides for when a periodic review must be conducted by the tribunal under the new Act, if the matter to be reviewed arose under the repealed Act.\nThe first periodic review must be conducted under the new Act as follows—\nType of review under new Act\nSection of new Act under which first periodic review must be conducted\nWhen first periodic review under new Act must be conducted\nTreatment authority taken to be made for person under s 815\nif no corresponding review conducted under repealed Act\ns 413(1)(a)\n6 weeks after treatment authority was taken to be made\nif 1 corresponding review conducted under repealed Act\ns 413(1)(b)\n6 months after last periodic review of corresponding matter under repealed Act was completed\nif 2 corresponding reviews conducted under repealed Act\ns 413(1)(c)\n6 months after last periodic review of corresponding matter under repealed Act was completed\nif 3 or more corresponding reviews conducted under repealed Act\ns 413(1)(d)\n12 months after last periodic review of corresponding matter under repealed Act was completed\nDetention of a minor in a high security unit (detention started before commencement)\nif no corresponding review conducted under repealed Act\ns 499(1)(a)\n7 days after the detention started\nif 1 or more corresponding reviews conducted under repealed Act\ns 499(1)(b)\n3 months after last periodic review of corresponding matter under repealed Act was completed\nForensic order (mental health) or forensic order (disability) taken to have been made under s 836 or 837\nif no corresponding review conducted under repealed Act\ns 433(1)(a)\n6 months after order taken to have been made\nif 1 or more corresponding reviews conducted under repealed Act\ns 433(1)(b)\n6 months after last periodic review of corresponding matter under repealed Act was completed\nPerson’s fitness for trial—relevant court decision or jury finding made before commencement\nif no corresponding review conducted under repealed Act\ns 486(1)(a)\n3 months from the day of the relevant court decision or jury finding\nif 1 or more corresponding reviews conducted under repealed Act\ns 486(1)(b)\nduring the year starting on the day of the relevant court decision or jury finding—3 months after last periodic review of corresponding matter under repealed Act was completed\nafter the period mentioned in paragraph (a)—6 months after last periodic review of corresponding matter under repealed Act was completed\nIn this section—\ncorresponding review , under the repealed Act for a review under the new Act, means—\nfor a review under the new Act of a treatment authority taken to be made for a person under section 815—a periodic review of the application of the treatment criteria to the person for whom an involuntary treatment order was in force under the repealed Act, chapter 6, part 1; or\nfor a review under the new Act of the detention of a minor in a high security unit—a periodic review of the detention of a young patient in a high security unit for treatment or care under the repealed Act, chapter 6, part 2; or\nfor a review under the new Act of a forensic order (mental health) or forensic order (disability) taken to be made for a person under section 836 or 837—a periodic review of the forensic patient’s mental condition under the repealed Act, chapter 6, part 3; or\nfor a review under the new Act of a person’s fitness for trial—a periodic review of the person’s mental condition under the repealed Act, chapter 6, part 4.\nperiodic review , under the repealed Act, means a review under the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1)(a).\nrelevant court decision or jury finding , for a review of a person’s fitness for trial, means—\nthe decision made by the Mental Health Court under the repealed Act that the person was unfit for trial and the unfitness for trial was not of a permanent nature; or\nthe jury’s section 613 or 645 finding within the meaning of the repealed Act in relation to the person.\n(sec.829-ssec.1) This section provides for when a periodic review must be conducted by the tribunal under the new Act, if the matter to be reviewed arose under the repealed Act.\n(sec.829-ssec.2) The first periodic review must be conducted under the new Act as follows— Type of review under new Act Section of new Act under which first periodic review must be conducted When first periodic review under new Act must be conducted Treatment authority taken to be made for person under s 815 if no corresponding review conducted under repealed Act s 413(1)(a) 6 weeks after treatment authority was taken to be made if 1 corresponding review conducted under repealed Act s 413(1)(b) 6 months after last periodic review of corresponding matter under repealed Act was completed if 2 corresponding reviews conducted under repealed Act s 413(1)(c) 6 months after last periodic review of corresponding matter under repealed Act was completed if 3 or more corresponding reviews conducted under repealed Act s 413(1)(d) 12 months after last periodic review of corresponding matter under repealed Act was completed Detention of a minor in a high security unit (detention started before commencement) if no corresponding review conducted under repealed Act s 499(1)(a) 7 days after the detention started if 1 or more corresponding reviews conducted under repealed Act s 499(1)(b) 3 months after last periodic review of corresponding matter under repealed Act was completed Forensic order (mental health) or forensic order (disability) taken to have been made under s 836 or 837 if no corresponding review conducted under repealed Act s 433(1)(a) 6 months after order taken to have been made if 1 or more corresponding reviews conducted under repealed Act s 433(1)(b) 6 months after last periodic review of corresponding matter under repealed Act was completed Person’s fitness for trial—relevant court decision or jury finding made before commencement if no corresponding review conducted under repealed Act s 486(1)(a) 3 months from the day of the relevant court decision or jury finding if 1 or more corresponding reviews conducted under repealed Act s 486(1)(b) during the year starting on the day of the relevant court decision or jury finding—3 months after last periodic review of corresponding matter under repealed Act was completed after the period mentioned in paragraph (a)—6 months after last periodic review of corresponding matter under repealed Act was completed\n(sec.829-ssec.3) In this section— corresponding review , under the repealed Act for a review under the new Act, means— for a review under the new Act of a treatment authority taken to be made for a person under section 815—a periodic review of the application of the treatment criteria to the person for whom an involuntary treatment order was in force under the repealed Act, chapter 6, part 1; or for a review under the new Act of the detention of a minor in a high security unit—a periodic review of the detention of a young patient in a high security unit for treatment or care under the repealed Act, chapter 6, part 2; or for a review under the new Act of a forensic order (mental health) or forensic order (disability) taken to be made for a person under section 836 or 837—a periodic review of the forensic patient’s mental condition under the repealed Act, chapter 6, part 3; or for a review under the new Act of a person’s fitness for trial—a periodic review of the person’s mental condition under the repealed Act, chapter 6, part 4. periodic review , under the repealed Act, means a review under the repealed Act, section 187(1)(a), 194(1)(a), 200(1)(a) or 209(1)(a). relevant court decision or jury finding , for a review of a person’s fitness for trial, means— the decision made by the Mental Health Court under the repealed Act that the person was unfit for trial and the unfitness for trial was not of a permanent nature; or the jury’s section 613 or 645 finding within the meaning of the repealed Act in relation to the person.\n- (a) for a review under the new Act of a treatment authority taken to be made for a person under section 815—a periodic review of the application of the treatment criteria to the person for whom an involuntary treatment order was in force under the repealed Act, chapter 6, part 1; or\n- (b) for a review under the new Act of the detention of a minor in a high security unit—a periodic review of the detention of a young patient in a high security unit for treatment or care under the repealed Act, chapter 6, part 2; or\n- (c) for a review under the new Act of a forensic order (mental health) or forensic order (disability) taken to be made for a person under section 836 or 837—a periodic review of the forensic patient’s mental condition under the repealed Act, chapter 6, part 3; or\n- (d) for a review under the new Act of a person’s fitness for trial—a periodic review of the person’s mental condition under the repealed Act, chapter 6, part 4.\n- (a) the decision made by the Mental Health Court under the repealed Act that the person was unfit for trial and the unfitness for trial was not of a permanent nature; or\n- (b) the jury’s section 613 or 645 finding within the meaning of the repealed Act in relation to the person.","sortOrder":1088},{"sectionNumber":"sec.830","sectionType":"section","heading":"Discontinuing proceeding for offence following review of fitness for trial","content":"### sec.830 Discontinuing proceeding for offence following review of fitness for trial\n\nThis section applies if—\nbefore the commencement on a reference under the repealed Act the Mental Health Court decided a person was unfit for trial and the unfitness for trial was not of a permanent nature; and\nthe proceeding against the person for the offence was not discontinued or the person had not been found fit for trial.\nFor a review of the person’s fitness for trial under the new Act, if the tribunal decides the person is unfit for trial, chapter 12, part 6, division 2, applies as if—\nthe decision of Mental Health Court mentioned in subsection (1)(a) were the finding of unfitness in relation to the person; and\na period mentioned in the repealed Act, section 215(3)(a) or (b) were a period that must be disregarded under the new Act, section 491(3).\n(sec.830-ssec.1) This section applies if— before the commencement on a reference under the repealed Act the Mental Health Court decided a person was unfit for trial and the unfitness for trial was not of a permanent nature; and the proceeding against the person for the offence was not discontinued or the person had not been found fit for trial.\n(sec.830-ssec.2) For a review of the person’s fitness for trial under the new Act, if the tribunal decides the person is unfit for trial, chapter 12, part 6, division 2, applies as if— the decision of Mental Health Court mentioned in subsection (1)(a) were the finding of unfitness in relation to the person; and a period mentioned in the repealed Act, section 215(3)(a) or (b) were a period that must be disregarded under the new Act, section 491(3).\n- (a) before the commencement on a reference under the repealed Act the Mental Health Court decided a person was unfit for trial and the unfitness for trial was not of a permanent nature; and\n- (b) the proceeding against the person for the offence was not discontinued or the person had not been found fit for trial.\n- (a) the decision of Mental Health Court mentioned in subsection (1)(a) were the finding of unfitness in relation to the person; and\n- (b) a period mentioned in the repealed Act, section 215(3)(a) or (b) were a period that must be disregarded under the new Act, section 491(3).","sortOrder":1089},{"sectionNumber":"sec.831","sectionType":"section","heading":"Non-contact order ends","content":"### sec.831 Non-contact order ends\n\nA non-contact order made under the repealed Act and in effect immediately before the commencement stops having effect on the commencement.","sortOrder":1090},{"sectionNumber":"ch.20-pt.8","sectionType":"part","heading":"Provisions about examinations, references and orders under chapter 7 of repealed Act","content":"# Provisions about examinations, references and orders under chapter 7 of repealed Act","sortOrder":1091},{"sectionNumber":"ch.20-pt.8-div.1","sectionType":"division","heading":"Examinations under chapter 7 , part 2 of repealed Act","content":"## Examinations under chapter 7 , part 2 of repealed Act","sortOrder":1092},{"sectionNumber":"sec.832","sectionType":"section","heading":"Making of reference under repealed Act by director or director of public prosecutions","content":"### sec.832 Making of reference under repealed Act by director or director of public prosecutions\n\nThis section applies if—\nbefore the commencement, the director was satisfied the repealed Act, chapter 7, part 2 applied to an involuntary patient; and\nimmediately before the commencement, the director had not under the repealed Act, section 240(1) referred the matter of the patient’s mental condition relating to the offence with which the patient was charged to the Mental Health Court or director of public prosecutions.\nThe repealed Act, chapter 7, parts 1 to 3 continues to apply, as if the new Act had not commenced.\nA reference made to the Mental Health Court under the repealed Act, section 240 or 247 as applied by this section is taken to have been made under the new Act.\n(sec.832-ssec.1) This section applies if— before the commencement, the director was satisfied the repealed Act, chapter 7, part 2 applied to an involuntary patient; and immediately before the commencement, the director had not under the repealed Act, section 240(1) referred the matter of the patient’s mental condition relating to the offence with which the patient was charged to the Mental Health Court or director of public prosecutions.\n(sec.832-ssec.2) The repealed Act, chapter 7, parts 1 to 3 continues to apply, as if the new Act had not commenced.\n(sec.832-ssec.3) A reference made to the Mental Health Court under the repealed Act, section 240 or 247 as applied by this section is taken to have been made under the new Act.\n- (a) before the commencement, the director was satisfied the repealed Act, chapter 7, part 2 applied to an involuntary patient; and\n- (b) immediately before the commencement, the director had not under the repealed Act, section 240(1) referred the matter of the patient’s mental condition relating to the offence with which the patient was charged to the Mental Health Court or director of public prosecutions.","sortOrder":1093},{"sectionNumber":"ch.20-pt.8-div.2","sectionType":"division","heading":"References","content":"## References","sortOrder":1094},{"sectionNumber":"sec.833","sectionType":"section","heading":"Application of div 2","content":"### sec.833 Application of div 2\n\nThis division applies if—\nbefore the commencement, a reference of a person’s mental condition was made to the Mental Health Court under the repealed Act; and\nimmediately before the commencement, the reference had not been decided by the court.\n- (a) before the commencement, a reference of a person’s mental condition was made to the Mental Health Court under the repealed Act; and\n- (b) immediately before the commencement, the reference had not been decided by the court.","sortOrder":1095},{"sectionNumber":"sec.834","sectionType":"section","heading":"Hearing of reference continues under repealed Act","content":"### sec.834 Hearing of reference continues under repealed Act\n\nThe reference may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced.\nSee also section 858 in relation to suspension of the proceeding against the person for the unlawful act to which the reference relates.\nA decision or order made by the court under the repealed Act, chapter 7, part 6 is taken to have been made under the new Act, chapter 5.\nWithout limiting subsection (2)—\nan order made by the court under the repealed Act, section 273 is taken to have been made under the new Act, section 124; and\nlimited community treatment approved for the patient by the court under the repealed Act, section 275 is taken to be approved under the new Act.\nDespite subsection (1), the repealed Act, sections 278 and 279 do not apply if the court orders the detention of the patient in an authorised mental health service.\nIf the proceeding for the offence alleged to have been committed by the person is stayed under the repealed Act, section 280, the stay ends in accordance with the new Act.\n(sec.834-ssec.1) The reference may be heard, or continue to be heard, and dealt with under the repealed Act as if the new Act had not commenced. See also section 858 in relation to suspension of the proceeding against the person for the unlawful act to which the reference relates.\n(sec.834-ssec.2) A decision or order made by the court under the repealed Act, chapter 7, part 6 is taken to have been made under the new Act, chapter 5.\n(sec.834-ssec.3) Without limiting subsection (2)— an order made by the court under the repealed Act, section 273 is taken to have been made under the new Act, section 124; and limited community treatment approved for the patient by the court under the repealed Act, section 275 is taken to be approved under the new Act.\n(sec.834-ssec.4) Despite subsection (1), the repealed Act, sections 278 and 279 do not apply if the court orders the detention of the patient in an authorised mental health service.\n(sec.834-ssec.5) If the proceeding for the offence alleged to have been committed by the person is stayed under the repealed Act, section 280, the stay ends in accordance with the new Act.\n- (a) an order made by the court under the repealed Act, section 273 is taken to have been made under the new Act, section 124; and\n- (b) limited community treatment approved for the patient by the court under the repealed Act, section 275 is taken to be approved under the new Act.","sortOrder":1096},{"sectionNumber":"sec.835","sectionType":"section","heading":"Appeal against Mental Health Court’s decision","content":"### sec.835 Appeal against Mental Health Court’s decision\n\nAn appeal against a decision of the Mental Health Court on the reference may be started under the repealed Act, chapter 8, part 2.\nThe Court of Appeal may hear and decide the appeal under the repealed Act as if the new Act had not commenced.\n(sec.835-ssec.1) An appeal against a decision of the Mental Health Court on the reference may be started under the repealed Act, chapter 8, part 2.\n(sec.835-ssec.2) The Court of Appeal may hear and decide the appeal under the repealed Act as if the new Act had not commenced.","sortOrder":1097},{"sectionNumber":"ch.20-pt.8-div.3","sectionType":"division","heading":"Forensic orders (Mental Health Court) and forensic orders (Mental Health Court—Disability)","content":"## Forensic orders (Mental Health Court) and forensic orders (Mental Health Court—Disability)","sortOrder":1098},{"sectionNumber":"sec.836","sectionType":"section","heading":"Forensic order (Mental Health Court)","content":"### sec.836 Forensic order (Mental Health Court)\n\nThis section applies to a forensic order (Mental Health Court) under the repealed Act that—\nwas in force immediately before the commencement; or\nis made after the commencement under this chapter.\nThe order is taken to be a forensic order (mental health) under the new Act.\nOn the commencement or relevant start day—\nthe category of the forensic order (mental health) is inpatient; and\nthe new Act applies in relation to the category of the forensic order (mental health) as if the order had been made under the new Act.\nAny conditions of the forensic order (Mental Health Court), including a non-contact condition, are taken to be conditions of the forensic order (mental health).\nWithout limiting subsections (1) to (4)—\nfor the purposes of the new Act, the forensic order (mental health) is taken to have been made when the forensic order (Mental Health Court) was or is made under the repealed Act; and\nthe new Act applies in relation to the forensic order (mental health) as if it were made under the new Act.\nTo remove any doubt, it is declared that the person subject to the forensic order (Mental Health Court) is taken to have been subject to the forensic order (mental health) for any period during which the person was subject to the forensic order (Mental Health Court).\nIn this section—\nrelevant start day , for a forensic order (mental health) taken to have been made after the commencement under this chapter, means the day the order is taken to have been made.\n(sec.836-ssec.1) This section applies to a forensic order (Mental Health Court) under the repealed Act that— was in force immediately before the commencement; or is made after the commencement under this chapter.\n(sec.836-ssec.2) The order is taken to be a forensic order (mental health) under the new Act.\n(sec.836-ssec.3) On the commencement or relevant start day— the category of the forensic order (mental health) is inpatient; and the new Act applies in relation to the category of the forensic order (mental health) as if the order had been made under the new Act.\n(sec.836-ssec.4) Any conditions of the forensic order (Mental Health Court), including a non-contact condition, are taken to be conditions of the forensic order (mental health).\n(sec.836-ssec.5) Without limiting subsections (1) to (4)— for the purposes of the new Act, the forensic order (mental health) is taken to have been made when the forensic order (Mental Health Court) was or is made under the repealed Act; and the new Act applies in relation to the forensic order (mental health) as if it were made under the new Act.\n(sec.836-ssec.6) To remove any doubt, it is declared that the person subject to the forensic order (Mental Health Court) is taken to have been subject to the forensic order (mental health) for any period during which the person was subject to the forensic order (Mental Health Court).\n(sec.836-ssec.7) In this section— relevant start day , for a forensic order (mental health) taken to have been made after the commencement under this chapter, means the day the order is taken to have been made.\n- (a) was in force immediately before the commencement; or\n- (b) is made after the commencement under this chapter.\n- (a) the category of the forensic order (mental health) is inpatient; and\n- (b) the new Act applies in relation to the category of the forensic order (mental health) as if the order had been made under the new Act.\n- (a) for the purposes of the new Act, the forensic order (mental health) is taken to have been made when the forensic order (Mental Health Court) was or is made under the repealed Act; and\n- (b) the new Act applies in relation to the forensic order (mental health) as if it were made under the new Act.","sortOrder":1099},{"sectionNumber":"sec.837","sectionType":"section","heading":"Forensic order (Mental Health Court—Disability)","content":"### sec.837 Forensic order (Mental Health Court—Disability)\n\nThis section applies to a forensic order (Mental Health Court—Disability) under the repealed Act that—\nwas in force immediately before the commencement; or\nis made after the commencement under this chapter.\nThe order is taken to be a forensic order (disability) under the new Act.\nOn the commencement or relevant start day—\nthe category of the forensic order (disability) is inpatient; and\nthe new Act applies in relation to the category of the forensic order (disability) as if the order had been made under the new Act.\nAny conditions of the forensic order (Mental Health Court—Disability), including a non-contact condition, are taken to be conditions of the forensic order (disability).\nWithout limiting subsections (1) to (4)—\nfor the purposes of the new Act, the forensic order (disability) is taken to have been made when the forensic order (Mental Health Court—Disability) was made under the repealed Act; and\nthe new Act applies in relation to the forensic order (disability) as if it were made under the new Act.\nTo remove any doubt, it is declared that the person subject to the forensic order (Mental Health Court—Disability) is taken to have been subject to the forensic order (disability) for any period during which the person was subject to the forensic order (Mental Health Court—Disability).\nIn this section—\nrelevant start day , for a forensic order (disability) taken to have been made after the commencement under this chapter, means the day the order is taken to have been made.\n(sec.837-ssec.1) This section applies to a forensic order (Mental Health Court—Disability) under the repealed Act that— was in force immediately before the commencement; or is made after the commencement under this chapter.\n(sec.837-ssec.2) The order is taken to be a forensic order (disability) under the new Act.\n(sec.837-ssec.3) On the commencement or relevant start day— the category of the forensic order (disability) is inpatient; and the new Act applies in relation to the category of the forensic order (disability) as if the order had been made under the new Act.\n(sec.837-ssec.4) Any conditions of the forensic order (Mental Health Court—Disability), including a non-contact condition, are taken to be conditions of the forensic order (disability).\n(sec.837-ssec.5) Without limiting subsections (1) to (4)— for the purposes of the new Act, the forensic order (disability) is taken to have been made when the forensic order (Mental Health Court—Disability) was made under the repealed Act; and the new Act applies in relation to the forensic order (disability) as if it were made under the new Act.\n(sec.837-ssec.6) To remove any doubt, it is declared that the person subject to the forensic order (Mental Health Court—Disability) is taken to have been subject to the forensic order (disability) for any period during which the person was subject to the forensic order (Mental Health Court—Disability).\n(sec.837-ssec.7) In this section— relevant start day , for a forensic order (disability) taken to have been made after the commencement under this chapter, means the day the order is taken to have been made.\n- (a) was in force immediately before the commencement; or\n- (b) is made after the commencement under this chapter.\n- (a) the category of the forensic order (disability) is inpatient; and\n- (b) the new Act applies in relation to the category of the forensic order (disability) as if the order had been made under the new Act.\n- (a) for the purposes of the new Act, the forensic order (disability) is taken to have been made when the forensic order (Mental Health Court—Disability) was made under the repealed Act; and\n- (b) the new Act applies in relation to the forensic order (disability) as if it were made under the new Act.","sortOrder":1100},{"sectionNumber":"sec.838","sectionType":"section","heading":"Limited community treatment for forensic patient","content":"### sec.838 Limited community treatment for forensic patient\n\nThis section applies to a forensic order (mental health) or forensic order (disability) taken to have been made for a person under this division.\nIf, under the repealed Act, limited community treatment for the person was ordered or approved by the Mental Health Court or the tribunal, or authorised by an authorised doctor—\nthe limited community treatment is taken to be ordered or approved, or authorised, under the new Act; and\nthe nature and extent of the limited community treatment continues unaffected by the commencement of the new Act.\nIf the limited community treatment was authorised under the repealed Act by an authorised doctor, the authorisation may be amended or revoked by an authorised doctor under the repealed Act as if the new Act had not commenced.\nHowever, subsection (3) does not apply if the forensic order (mental health) or forensic order (disability) has been reviewed under the new Act.\n(sec.838-ssec.1) This section applies to a forensic order (mental health) or forensic order (disability) taken to have been made for a person under this division.\n(sec.838-ssec.2) If, under the repealed Act, limited community treatment for the person was ordered or approved by the Mental Health Court or the tribunal, or authorised by an authorised doctor— the limited community treatment is taken to be ordered or approved, or authorised, under the new Act; and the nature and extent of the limited community treatment continues unaffected by the commencement of the new Act.\n(sec.838-ssec.3) If the limited community treatment was authorised under the repealed Act by an authorised doctor, the authorisation may be amended or revoked by an authorised doctor under the repealed Act as if the new Act had not commenced.\n(sec.838-ssec.4) However, subsection (3) does not apply if the forensic order (mental health) or forensic order (disability) has been reviewed under the new Act.\n- (a) the limited community treatment is taken to be ordered or approved, or authorised, under the new Act; and\n- (b) the nature and extent of the limited community treatment continues unaffected by the commencement of the new Act.","sortOrder":1101},{"sectionNumber":"sec.839","sectionType":"section","heading":"Review of forensic order under new Act","content":"### sec.839 Review of forensic order under new Act\n\nThis section applies to a forensic order (mental health) or forensic order (disability) taken to have been made for a person under this division.\nWhen the tribunal first reviews the order under the new Act, chapter 12, the tribunal must, if it confirms the order, consider the following—\nwhether the category of the order should be—\ninpatient; or\ncommunity;\nwhether to order or approve, or revoke an existing order or approval for, limited community treatment;\nwhether the conditions to which the order is subject remain appropriate.\nThis section does not limit the powers of the tribunal under the new Act, chapter 12, part 3.\n(sec.839-ssec.1) This section applies to a forensic order (mental health) or forensic order (disability) taken to have been made for a person under this division.\n(sec.839-ssec.2) When the tribunal first reviews the order under the new Act, chapter 12, the tribunal must, if it confirms the order, consider the following— whether the category of the order should be— inpatient; or community; whether to order or approve, or revoke an existing order or approval for, limited community treatment; whether the conditions to which the order is subject remain appropriate.\n(sec.839-ssec.3) This section does not limit the powers of the tribunal under the new Act, chapter 12, part 3.\n- (a) whether the category of the order should be— (i) inpatient; or (ii) community;\n- (i) inpatient; or\n- (ii) community;\n- (b) whether to order or approve, or revoke an existing order or approval for, limited community treatment;\n- (c) whether the conditions to which the order is subject remain appropriate.\n- (i) inpatient; or\n- (ii) community;","sortOrder":1102},{"sectionNumber":"ch.20-pt.8-div.4","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":1103},{"sectionNumber":"sec.840","sectionType":"section","heading":"Order approving interstate transfer under s 288B of repealed Act","content":"### sec.840 Order approving interstate transfer under s 288B of repealed Act\n\nThis section applies if, before the commencement under a forensic order (Mental Health Court) or forensic order (Mental Health Court—Disability), the Mental Health Court approved a patient move out of Queensland.\nOn the commencement, the approval is taken to be an approval for the transfer of the patient given under the new Act, chapter 12, part 10, division 2.\nTo remove any doubt, it is declared that, for the new Act, section 528(3)(b), the 3-year period includes any period before the commencement for which the person was out of Queensland.\nSee the new Act, section 528 in relation to the effect of a transfer on a person’s forensic order (mental health), forensic order (disability) or treatment support order.\n(sec.840-ssec.1) This section applies if, before the commencement under a forensic order (Mental Health Court) or forensic order (Mental Health Court—Disability), the Mental Health Court approved a patient move out of Queensland.\n(sec.840-ssec.2) On the commencement, the approval is taken to be an approval for the transfer of the patient given under the new Act, chapter 12, part 10, division 2.\n(sec.840-ssec.3) To remove any doubt, it is declared that, for the new Act, section 528(3)(b), the 3-year period includes any period before the commencement for which the person was out of Queensland. See the new Act, section 528 in relation to the effect of a transfer on a person’s forensic order (mental health), forensic order (disability) or treatment support order.","sortOrder":1104},{"sectionNumber":"sec.841","sectionType":"section","heading":"Forensic order (Criminal Code)","content":"### sec.841 Forensic order (Criminal Code)\n\nTo remove any doubt, it is declared that the new Act applies in relation to a forensic order (Criminal Code) within the meaning of the repealed Act that was made before the commencement.","sortOrder":1105},{"sectionNumber":"sec.842","sectionType":"section","heading":"Custody order","content":"### sec.842 Custody order\n\nThis section applies if a custody order was in effect under the repealed Act immediately before the commencement.\nThe repealed Act, chapter 7, part 7, division 2, subdivision 3 continues to apply in relation to the custody order.\n(sec.842-ssec.1) This section applies if a custody order was in effect under the repealed Act immediately before the commencement.\n(sec.842-ssec.2) The repealed Act, chapter 7, part 7, division 2, subdivision 3 continues to apply in relation to the custody order.","sortOrder":1106},{"sectionNumber":"sec.843","sectionType":"section","heading":"Forensic order (Minister)","content":"### sec.843 Forensic order (Minister)\n\nThis section applies if a forensic order (Minister) is—\nin effect for a person immediately before the commencement; or\nmade under the repealed Act, chapter 7, part 7, division 2, subdivision 3 as continued in effect under section 842(2).\nFrom the commencement or relevant start day, the order is taken to be a forensic order (mental health) under the new Act.\nOn the commencement or relevant start day—\nthe category of the forensic order (mental health) is inpatient; and\nthe new Act applies in relation to the category of the forensic order (mental health) as if the order had been made under the new Act.\nWithout limiting subsections (1) to (3)—\nfor the purposes of the new Act, the forensic order (mental health) is taken to have been made when the forensic order (Minister) was made under the repealed Act; and\nthe new Act applies in relation to the forensic order (mental health) as if it were made under the new Act.\nIn this section—\nrelevant start day , for a forensic order (Minister) mentioned in subsection (1)(b), means the day the order is made.\n(sec.843-ssec.1) This section applies if a forensic order (Minister) is— in effect for a person immediately before the commencement; or made under the repealed Act, chapter 7, part 7, division 2, subdivision 3 as continued in effect under section 842(2).\n(sec.843-ssec.2) From the commencement or relevant start day, the order is taken to be a forensic order (mental health) under the new Act.\n(sec.843-ssec.3) On the commencement or relevant start day— the category of the forensic order (mental health) is inpatient; and the new Act applies in relation to the category of the forensic order (mental health) as if the order had been made under the new Act.\n(sec.843-ssec.4) Without limiting subsections (1) to (3)— for the purposes of the new Act, the forensic order (mental health) is taken to have been made when the forensic order (Minister) was made under the repealed Act; and the new Act applies in relation to the forensic order (mental health) as if it were made under the new Act.\n(sec.843-ssec.5) In this section— relevant start day , for a forensic order (Minister) mentioned in subsection (1)(b), means the day the order is made.\n- (a) in effect for a person immediately before the commencement; or\n- (b) made under the repealed Act, chapter 7, part 7, division 2, subdivision 3 as continued in effect under section 842(2).\n- (a) the category of the forensic order (mental health) is inpatient; and\n- (b) the new Act applies in relation to the category of the forensic order (mental health) as if the order had been made under the new Act.\n- (a) for the purposes of the new Act, the forensic order (mental health) is taken to have been made when the forensic order (Minister) was made under the repealed Act; and\n- (b) the new Act applies in relation to the forensic order (mental health) as if it were made under the new Act.","sortOrder":1107},{"sectionNumber":"sec.844","sectionType":"section","heading":"Forensic disability client temporarily detained in authorised mental health service","content":"### sec.844 Forensic disability client temporarily detained in authorised mental health service\n\nThis section applies if, immediately before the commencement, a forensic disability client was detained in an authorised mental health service under the repealed Act, section 309B.\nThe repealed Act, section 309B continues to apply for the detention of the client in the authorised mental health service.\n(sec.844-ssec.1) This section applies if, immediately before the commencement, a forensic disability client was detained in an authorised mental health service under the repealed Act, section 309B.\n(sec.844-ssec.2) The repealed Act, section 309B continues to apply for the detention of the client in the authorised mental health service.","sortOrder":1108},{"sectionNumber":"ch.20-pt.9","sectionType":"part","heading":"Provisions about information orders under chapter 7A of repealed Act","content":"# Provisions about information orders under chapter 7A of repealed Act","sortOrder":1109},{"sectionNumber":"sec.845","sectionType":"section","heading":"Forensic information orders","content":"### sec.845 Forensic information orders\n\nThis section applies if, immediately before the commencement, a person was entitled to receive information for a patient under a forensic information order under the repealed Act.\nThe person is taken to be entitled to receive the information mentioned in the new Act, schedule 1 under an information notice under the new Act.\n(sec.845-ssec.1) This section applies if, immediately before the commencement, a person was entitled to receive information for a patient under a forensic information order under the repealed Act.\n(sec.845-ssec.2) The person is taken to be entitled to receive the information mentioned in the new Act, schedule 1 under an information notice under the new Act.","sortOrder":1110},{"sectionNumber":"sec.846","sectionType":"section","heading":"Classified patient information orders","content":"### sec.846 Classified patient information orders\n\nThis section applies if, immediately before the commencement, a person was entitled to receive information for a patient under a classified patient information order under the repealed Act.\nThe information may continue to be disclosed to the person for the purposes of the new Act, chapter 17.\n(sec.846-ssec.1) This section applies if, immediately before the commencement, a person was entitled to receive information for a patient under a classified patient information order under the repealed Act.\n(sec.846-ssec.2) The information may continue to be disclosed to the person for the purposes of the new Act, chapter 17.","sortOrder":1111},{"sectionNumber":"ch.20-pt.10","sectionType":"part","heading":"Provisions about security of authorised mental health services under chapter 10 of repealed Act","content":"# Provisions about security of authorised mental health services under chapter 10 of repealed Act","sortOrder":1112},{"sectionNumber":"sec.847","sectionType":"section","heading":"Exclusion of visitors","content":"### sec.847 Exclusion of visitors\n\nThis section applies if, immediately before the commencement, the administrator of an authorised mental health service had given a notice, under the repealed Act, section 374, to a person refusing to allow the person to visit a patient in the health service.\nThe notice is taken to have been given under the new Act, section 408.\n(sec.847-ssec.1) This section applies if, immediately before the commencement, the administrator of an authorised mental health service had given a notice, under the repealed Act, section 374, to a person refusing to allow the person to visit a patient in the health service.\n(sec.847-ssec.2) The notice is taken to have been given under the new Act, section 408.","sortOrder":1113},{"sectionNumber":"ch.20-pt.11","sectionType":"part","heading":"Provisions about Mental Health Court under chapter 11 of repealed Act","content":"# Provisions about Mental Health Court under chapter 11 of repealed Act","sortOrder":1114},{"sectionNumber":"sec.848","sectionType":"section","heading":"Mental Health Court registry","content":"### sec.848 Mental Health Court registry\n\nThe Mental Health Court Registry established under the repealed Act continues in existence under the new Act.\nWithout limiting subsection (1), the employment of the registrar and other staff under the repealed Act immediately before the commencement is not affected by the commencement of the new Act.\n(sec.848-ssec.1) The Mental Health Court Registry established under the repealed Act continues in existence under the new Act.\n(sec.848-ssec.2) Without limiting subsection (1), the employment of the registrar and other staff under the repealed Act immediately before the commencement is not affected by the commencement of the new Act.","sortOrder":1115},{"sectionNumber":"sec.849","sectionType":"section","heading":"Court examination order","content":"### sec.849 Court examination order\n\nThis section applies if—\na court examination order was made under the repealed Act, section 422 before the commencement; and\nimmediately before the commencement, the person was detained under the repealed Act, section 424(5).\nThe court examination order continues in effect under the repealed Act as if the new Act had not commenced.\nThe repealed Act, sections 422 to 425 continue to apply for the purposes of the person’s examination and detention under the order.\n(sec.849-ssec.1) This section applies if— a court examination order was made under the repealed Act, section 422 before the commencement; and immediately before the commencement, the person was detained under the repealed Act, section 424(5).\n(sec.849-ssec.2) The court examination order continues in effect under the repealed Act as if the new Act had not commenced.\n(sec.849-ssec.3) The repealed Act, sections 422 to 425 continue to apply for the purposes of the person’s examination and detention under the order.\n- (a) a court examination order was made under the repealed Act, section 422 before the commencement; and\n- (b) immediately before the commencement, the person was detained under the repealed Act, section 424(5).","sortOrder":1116},{"sectionNumber":"sec.850","sectionType":"section","heading":"Inquiry into detention of patient in authorised mental health service","content":"### sec.850 Inquiry into detention of patient in authorised mental health service\n\nAn inquiry started by the Mental Health Court under the repealed Act, chapter 11, part 9 but not completed before the commencement may be completed under the repealed Act as if the new Act had not commenced.","sortOrder":1117},{"sectionNumber":"ch.20-pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":1118},{"sectionNumber":"sec.851","sectionType":"section","heading":"Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act","content":"### sec.851 Mental Health Court, tribunal or another court may make orders about transition from repealed Act to new Act\n\nIf this chapter makes no or insufficient provision for the transition to the new Act of a matter before a court, the court may make the order it considers appropriate.\nThe order may be made—\non application of the chief psychiatrist or a party to a proceeding before the court; or\non the initiative of the court.\nIn this section—\ncourt means the Mental Health Court, the tribunal or another court.\n(sec.851-ssec.1) If this chapter makes no or insufficient provision for the transition to the new Act of a matter before a court, the court may make the order it considers appropriate.\n(sec.851-ssec.2) The order may be made— on application of the chief psychiatrist or a party to a proceeding before the court; or on the initiative of the court.\n(sec.851-ssec.3) In this section— court means the Mental Health Court, the tribunal or another court.\n- (a) on application of the chief psychiatrist or a party to a proceeding before the court; or\n- (b) on the initiative of the court.","sortOrder":1119},{"sectionNumber":"sec.852","sectionType":"section","heading":"Notices generally","content":"### sec.852 Notices generally\n\nSubsection (2) applies if, immediately before the commencement, a person was required under a provision of the repealed Act to give written or other notice about a particular matter under the repealed Act and had not given the notice.\nThe person must give the notice under the provision of the new Act that deals with similar matters to the matters for which notice was required to be given under the repealed Act.\nSubsection (4) applies if—\na person has given a written or other notice about a particular matter under the repealed Act; and\non the commencement, a person who would have been required or authorised to do something under the repealed Act on receiving the notice has not yet done the thing; and\na provision of the new Act deals with similar matters to the matters for which the notice was required to be given under the repealed Act and requires or authorises a person to do something on receiving notice of the matters.\nThe requirement or authorisation under the new Act applies in relation to the person required or authorised to do the thing.\n(sec.852-ssec.1) Subsection (2) applies if, immediately before the commencement, a person was required under a provision of the repealed Act to give written or other notice about a particular matter under the repealed Act and had not given the notice.\n(sec.852-ssec.2) The person must give the notice under the provision of the new Act that deals with similar matters to the matters for which notice was required to be given under the repealed Act.\n(sec.852-ssec.3) Subsection (4) applies if— a person has given a written or other notice about a particular matter under the repealed Act; and on the commencement, a person who would have been required or authorised to do something under the repealed Act on receiving the notice has not yet done the thing; and a provision of the new Act deals with similar matters to the matters for which the notice was required to be given under the repealed Act and requires or authorises a person to do something on receiving notice of the matters.\n(sec.852-ssec.4) The requirement or authorisation under the new Act applies in relation to the person required or authorised to do the thing.\n- (a) a person has given a written or other notice about a particular matter under the repealed Act; and\n- (b) on the commencement, a person who would have been required or authorised to do something under the repealed Act on receiving the notice has not yet done the thing; and\n- (c) a provision of the new Act deals with similar matters to the matters for which the notice was required to be given under the repealed Act and requires or authorises a person to do something on receiving notice of the matters.","sortOrder":1120},{"sectionNumber":"sec.853","sectionType":"section","heading":"Records made under repealed Act","content":"### sec.853 Records made under repealed Act\n\nA record about a person that the administrator of an authorised mental health service was required to keep under the repealed Act immediately before the commencement must be kept with the patient’s health records mentioned in the new Act, section 336.\nSubsection (1) applies subject to a direction made by the chief psychiatrist.\n(sec.853-ssec.1) A record about a person that the administrator of an authorised mental health service was required to keep under the repealed Act immediately before the commencement must be kept with the patient’s health records mentioned in the new Act, section 336.\n(sec.853-ssec.2) Subsection (1) applies subject to a direction made by the chief psychiatrist.","sortOrder":1121},{"sectionNumber":"sec.854","sectionType":"section","heading":"Material submitted by victim or concerned person","content":"### sec.854 Material submitted by victim or concerned person\n\nMaterial submitted to the Mental Health Court under the repealed Act, section 284 is taken to be a victim impact statement given to the court for the purposes of the new Act.\nMaterial submitted to the tribunal under the repealed Act, section 464 is taken to be a victim impact statement given to the tribunal for the purposes of the new Act.\n(sec.854-ssec.1) Material submitted to the Mental Health Court under the repealed Act, section 284 is taken to be a victim impact statement given to the court for the purposes of the new Act.\n(sec.854-ssec.2) Material submitted to the tribunal under the repealed Act, section 464 is taken to be a victim impact statement given to the tribunal for the purposes of the new Act.","sortOrder":1122},{"sectionNumber":"sec.855","sectionType":"section","heading":"Subpoenas","content":"### sec.855 Subpoenas\n\nA subpoena issued under the repealed Act before the commencement is taken to have been issued under the new Act.","sortOrder":1123},{"sectionNumber":"sec.856","sectionType":"section","heading":"Authorised mental health services and high security units","content":"### sec.856 Authorised mental health services and high security units\n\nAn authorised mental health service under the repealed Act is an authorised mental health service under the new Act.\nA high security unit under the repealed Act is a high security unit under the new Act.\n(sec.856-ssec.1) An authorised mental health service under the repealed Act is an authorised mental health service under the new Act.\n(sec.856-ssec.2) A high security unit under the repealed Act is a high security unit under the new Act.","sortOrder":1124},{"sectionNumber":"sec.857","sectionType":"section","heading":"Office holders","content":"### sec.857 Office holders\n\nThis section applies to a person holding office under the repealed Act, by appointment or otherwise, immediately before the commencement if the person’s office is provided for under the new Act.\nThe person continues to hold the office under the new Act.\nthe administrator of an authorised mental health service or high security unit\nan authorised doctor or authorised mental health practitioner\nthe president and other members of the Mental Health Court\nthe registrar of the Mental Health Court\nthe president and other members, and executive officer, of the tribunal\nIf the name of the office has changed under the new Act, the person holds office under the changed name.\nWithout limiting subsection (3)—\nthe director under the repealed Act is the chief psychiatrist on the commencement; and\nan assisting psychiatrist is an assisting clinician on the commencement.\nThe person holds office—\nfor the remainder of the term, if any, provided for under the repealed Act; and\non the conditions provided for under the new Act.\n(sec.857-ssec.1) This section applies to a person holding office under the repealed Act, by appointment or otherwise, immediately before the commencement if the person’s office is provided for under the new Act.\n(sec.857-ssec.2) The person continues to hold the office under the new Act. the administrator of an authorised mental health service or high security unit an authorised doctor or authorised mental health practitioner the president and other members of the Mental Health Court the registrar of the Mental Health Court the president and other members, and executive officer, of the tribunal\n(sec.857-ssec.3) If the name of the office has changed under the new Act, the person holds office under the changed name.\n(sec.857-ssec.4) Without limiting subsection (3)— the director under the repealed Act is the chief psychiatrist on the commencement; and an assisting psychiatrist is an assisting clinician on the commencement.\n(sec.857-ssec.5) The person holds office— for the remainder of the term, if any, provided for under the repealed Act; and on the conditions provided for under the new Act.\n- • the administrator of an authorised mental health service or high security unit\n- • an authorised doctor or authorised mental health practitioner\n- • the president and other members of the Mental Health Court\n- • the registrar of the Mental Health Court\n- • the president and other members, and executive officer, of the tribunal\n- (a) the director under the repealed Act is the chief psychiatrist on the commencement; and\n- (b) an assisting psychiatrist is an assisting clinician on the commencement.\n- (a) for the remainder of the term, if any, provided for under the repealed Act; and\n- (b) on the conditions provided for under the new Act.","sortOrder":1125},{"sectionNumber":"sec.858","sectionType":"section","heading":"Suspended proceedings","content":"### sec.858 Suspended proceedings\n\nThis section applies to a proceeding for an offence if, immediately before the commencement, the proceeding was suspended under the repealed Act.\nThe suspension ends in accordance with the new Act.\n(sec.858-ssec.1) This section applies to a proceeding for an offence if, immediately before the commencement, the proceeding was suspended under the repealed Act.\n(sec.858-ssec.2) The suspension ends in accordance with the new Act.","sortOrder":1126},{"sectionNumber":"sec.859","sectionType":"section","heading":"Reviews relating to serious risks","content":"### sec.859 Reviews relating to serious risks\n\nThis section applies to a review under the repealed Act, section 493AC if the review was started but not completed before the commencement.\nThe review may be continued under the new Act, chapter 10, part 5 by the chief psychiatrist as if the chief psychiatrist were directed to undertake the review under that part.\n(sec.859-ssec.1) This section applies to a review under the repealed Act, section 493AC if the review was started but not completed before the commencement.\n(sec.859-ssec.2) The review may be continued under the new Act, chapter 10, part 5 by the chief psychiatrist as if the chief psychiatrist were directed to undertake the review under that part.","sortOrder":1127},{"sectionNumber":"sec.860","sectionType":"section","heading":"Appeals","content":"### sec.860 Appeals\n\nAn appeal against a decision mentioned in the repealed Act, section 319 made before the commencement may be started or continued under the repealed Act, chapter 8, part 1.\nThe Mental Health Court may hear, or continue to hear, and decide the appeal under the repealed Act as if the new Act has not commenced.\nAn appeal against a decision of the Mental Health Court on a reference made before the commencement may be started or continued under the repealed Act, chapter 8, part 2.\nThe Court of Appeal may hear, or continue to hear, and decide the appeal under the repealed Act as if the new Act had not commenced.\nFor giving effect to a decision under subsection (2) or (4), the court may make the orders it considers necessary having regard to the new Act.\n(sec.860-ssec.1) An appeal against a decision mentioned in the repealed Act, section 319 made before the commencement may be started or continued under the repealed Act, chapter 8, part 1.\n(sec.860-ssec.2) The Mental Health Court may hear, or continue to hear, and decide the appeal under the repealed Act as if the new Act has not commenced.\n(sec.860-ssec.3) An appeal against a decision of the Mental Health Court on a reference made before the commencement may be started or continued under the repealed Act, chapter 8, part 2.\n(sec.860-ssec.4) The Court of Appeal may hear, or continue to hear, and decide the appeal under the repealed Act as if the new Act had not commenced.\n(sec.860-ssec.5) For giving effect to a decision under subsection (2) or (4), the court may make the orders it considers necessary having regard to the new Act.","sortOrder":1128},{"sectionNumber":"sec.861","sectionType":"section","heading":"Annual reports","content":"### sec.861 Annual reports\n\nThis section applies if a person was required to give a report under the repealed Act, section 435, 487 or 494 (each a previous section ) and the report has not been given before the commencement.\nThe person is not required to give the report.\nIf, under subsection (2), the person does not give the report, the first report given under a provision of the new Act that corresponds to the previous section must include the matters that would have been required to be included in the report under the previous section.\n(sec.861-ssec.1) This section applies if a person was required to give a report under the repealed Act, section 435, 487 or 494 (each a previous section ) and the report has not been given before the commencement.\n(sec.861-ssec.2) The person is not required to give the report.\n(sec.861-ssec.3) If, under subsection (2), the person does not give the report, the first report given under a provision of the new Act that corresponds to the previous section must include the matters that would have been required to be included in the report under the previous section.","sortOrder":1129},{"sectionNumber":"sec.862","sectionType":"section","heading":"References to orders and authorities under repealed Act","content":"### sec.862 References to orders and authorities under repealed Act\n\nA reference in a document to an order or authority under the repealed Act may, if the context permits, be taken to include a reference to a corresponding order or authority provided for under the new Act.","sortOrder":1130},{"sectionNumber":"sec.863","sectionType":"section","heading":"Application of new Act, s 420","content":"### sec.863 Application of new Act, s 420\n\nThe new Act, section 420 does not apply to a review under the new Act, section 413(1)(c) until 1 year after the commencement of section 413.","sortOrder":1131},{"sectionNumber":"ch.21-pt.1","sectionType":"part","heading":"Transitional provision for Hospital Foundations Act 2018","content":"# Transitional provision for Hospital Foundations Act 2018","sortOrder":1132},{"sectionNumber":"sec.864","sectionType":"section","heading":"Application of s 797A to particular periods","content":"### sec.864 Application of s 797A to particular periods\n\nSection 797A applies, and is taken always to have applied, as if the reference in section 797A(1) to a period included a reference to a period during the designated period.\nIf section 797A(2)(a) or (b), as applied under subsection (1), applies in relation to a person for a period during the designated period, the period is—\nfor the Penalties and Sentences Act 1992 —taken to be, and to have always been, imprisonment already served by the person under the sentence for the offence; or\nfor the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted, and is taken to have always been counted, as part of the person’s period of imprisonment or period of detention for the offence.\nSee also the repealed Mental Health Act 2000 , section 543 in relation to particular periods taken to be imprisonment already served by a person or counted as part of a person’s period of imprisonment or detention for an offence.\nIn this section—\ndesignated period means the period starting on 5 March 2017 and ending immediately before the commencement.\ns 864 prev s 864 exp 5 March 2018 (see s 864(4))\npres s 864 ins 2018 No. 5 s 164\n(sec.864-ssec.1) Section 797A applies, and is taken always to have applied, as if the reference in section 797A(1) to a period included a reference to a period during the designated period.\n(sec.864-ssec.2) If section 797A(2)(a) or (b), as applied under subsection (1), applies in relation to a person for a period during the designated period, the period is— for the Penalties and Sentences Act 1992 —taken to be, and to have always been, imprisonment already served by the person under the sentence for the offence; or for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted, and is taken to have always been counted, as part of the person’s period of imprisonment or period of detention for the offence. See also the repealed Mental Health Act 2000 , section 543 in relation to particular periods taken to be imprisonment already served by a person or counted as part of a person’s period of imprisonment or detention for an offence.\n(sec.864-ssec.3) In this section— designated period means the period starting on 5 March 2017 and ending immediately before the commencement.\n- (a) for the Penalties and Sentences Act 1992 —taken to be, and to have always been, imprisonment already served by the person under the sentence for the offence; or\n- (b) for the Corrective Services Act 2006 or the Youth Justice Act 1992 —counted, and is taken to have always been counted, as part of the person’s period of imprisonment or period of detention for the offence.","sortOrder":1133},{"sectionNumber":"ch.21-pt.2","sectionType":"part","heading":"Transitional provisions for Health and Other Legislation Amendment Act 2022","content":"# Transitional provisions for Health and Other Legislation Amendment Act 2022","sortOrder":1134},{"sectionNumber":"sec.865","sectionType":"section","heading":"Definitions for part","content":"### sec.865 Definitions for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force on the commencement.\ns 865 ins 2022 No. 1 s 104","sortOrder":1135},{"sectionNumber":"sec.866","sectionType":"section","heading":"Application of new s 117A to reference made before commencement","content":"### sec.866 Application of new s 117A to reference made before commencement\n\nThis section applies if—\nbefore the commencement, a reference in relation to a person was made to the Mental Health Court; and\nimmediately before the commencement, the reference had not been decided by the court.\nThis section also applies if—\nafter the commencement, a reference in relation to a person is made to the Mental Health Court; and\nthe offence in relation to the reference was allegedly committed before the commencement.\nNew section 117A applies in relation to the reference.\ns 866 ins 2022 No. 1 s 104\n(sec.866-ssec.1) This section applies if— before the commencement, a reference in relation to a person was made to the Mental Health Court; and immediately before the commencement, the reference had not been decided by the court.\n(sec.866-ssec.2) This section also applies if— after the commencement, a reference in relation to a person is made to the Mental Health Court; and the offence in relation to the reference was allegedly committed before the commencement.\n(sec.866-ssec.3) New section 117A applies in relation to the reference.\n- (a) before the commencement, a reference in relation to a person was made to the Mental Health Court; and\n- (b) immediately before the commencement, the reference had not been decided by the court.\n- (a) after the commencement, a reference in relation to a person is made to the Mental Health Court; and\n- (b) the offence in relation to the reference was allegedly committed before the commencement.","sortOrder":1136},{"sectionNumber":"sec.867","sectionType":"section","heading":"Application of new s 157A to reference made before commencement","content":"### sec.867 Application of new s 157A to reference made before commencement\n\nThis section applies if—\nbefore the commencement, a reference in relation to a person was made to the Mental Health Court; and\nimmediately before the commencement, the reference had not been decided by the court.\nThis section also applies if—\nafter the commencement, a reference in relation to a person is made to the Mental Health Court; and\nthe offence in relation to the reference was allegedly committed before the commencement.\nNew section 157A applies in relation to the reference.\ns 867 ins 2022 No. 1 s 104\n(sec.867-ssec.1) This section applies if— before the commencement, a reference in relation to a person was made to the Mental Health Court; and immediately before the commencement, the reference had not been decided by the court.\n(sec.867-ssec.2) This section also applies if— after the commencement, a reference in relation to a person is made to the Mental Health Court; and the offence in relation to the reference was allegedly committed before the commencement.\n(sec.867-ssec.3) New section 157A applies in relation to the reference.\n- (a) before the commencement, a reference in relation to a person was made to the Mental Health Court; and\n- (b) immediately before the commencement, the reference had not been decided by the court.\n- (a) after the commencement, a reference in relation to a person is made to the Mental Health Court; and\n- (b) the offence in relation to the reference was allegedly committed before the commencement.","sortOrder":1137},{"sectionNumber":"sec.868","sectionType":"section","heading":"Application of new ss 317, 322 and 323","content":"### sec.868 Application of new ss 317, 322 and 323\n\nNew sections 317, 322 and 323 apply in relation to an information notice in effect under chapter 10, part 6 from the commencement, whether the notice was made before or after the commencement.\ns 868 ins 2022 No. 1 s 104","sortOrder":1138},{"sectionNumber":"sec.869","sectionType":"section","heading":"Apprehension and transport of persons","content":"### sec.869 Apprehension and transport of persons\n\nNew section 368 applies in relation to the apprehension and transport of a person from the commencement, whether the apprehension authority was issued before or after the commencement.\ns 869 ins 2022 No. 1 s 104","sortOrder":1139},{"sectionNumber":"sec.870","sectionType":"section","heading":"Application of new s 509","content":"### sec.870 Application of new s 509\n\nSubsection (2) applies if—\nbefore the commencement, an application for an approval was made under former section 507; and\nimmediately before the commencement, the application had not been decided.\nNew section 509 applies in relation to the application.\ns 870 ins 2022 No. 1 s 104\n(sec.870-ssec.1) Subsection (2) applies if— before the commencement, an application for an approval was made under former section 507; and immediately before the commencement, the application had not been decided.\n(sec.870-ssec.2) New section 509 applies in relation to the application.\n- (a) before the commencement, an application for an approval was made under former section 507; and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":1140},{"sectionNumber":"sec.871","sectionType":"section","heading":"Application of new ch 12, pt 10","content":"### sec.871 Application of new ch 12, pt 10\n\nSubsection (2) applies if—\nbefore the commencement, an application for an approval was made under former chapter 12, part 10; and\nimmediately before the commencement, the application had not been decided.\nNew chapter 12, part 10 applies in relation to the application.\nIf the application does not include information required under new section 515—\nthe tribunal must give the applicant a written request for the information; and\nif the applicant complies with the request within any period stated in the request—the application is taken to comply, and to always have complied, with new section 515, but only to the extent the application would have complied with new section 515 if the information were included in the application when it was made.\nAlso, new chapter 12, part 10 applies in relation to a person who is subject to an interstate forensic order, forensic order (mental health), forensic order (disability) or treatment support order, whether the order was made before or after the commencement.\ns 871 ins 2022 No. 1 s 104\n(sec.871-ssec.1) Subsection (2) applies if— before the commencement, an application for an approval was made under former chapter 12, part 10; and immediately before the commencement, the application had not been decided.\n(sec.871-ssec.2) New chapter 12, part 10 applies in relation to the application.\n(sec.871-ssec.3) If the application does not include information required under new section 515— the tribunal must give the applicant a written request for the information; and if the applicant complies with the request within any period stated in the request—the application is taken to comply, and to always have complied, with new section 515, but only to the extent the application would have complied with new section 515 if the information were included in the application when it was made.\n(sec.871-ssec.4) Also, new chapter 12, part 10 applies in relation to a person who is subject to an interstate forensic order, forensic order (mental health), forensic order (disability) or treatment support order, whether the order was made before or after the commencement.\n- (a) before the commencement, an application for an approval was made under former chapter 12, part 10; and\n- (b) immediately before the commencement, the application had not been decided.\n- (a) the tribunal must give the applicant a written request for the information; and\n- (b) if the applicant complies with the request within any period stated in the request—the application is taken to comply, and to always have complied, with new section 515, but only to the extent the application would have complied with new section 515 if the information were included in the application when it was made.","sortOrder":1141},{"sectionNumber":"sec.872","sectionType":"section","heading":"Application of new s 778","content":"### sec.872 Application of new s 778\n\nNew section 778 applies to a person mentioned in section 778(1) whether the person acquired or acquires the personal information before or after the commencement.\ns 872 ins 2022 No. 1 s 104","sortOrder":1142},{"sectionNumber":"ch.21-pt.3","sectionType":"part","heading":"Appointments and validation","content":"# Appointments and validation","sortOrder":1143},{"sectionNumber":"sec.873","sectionType":"section","heading":"Appointments to Mental Health Court and validation","content":"### sec.873 Appointments to Mental Health Court and validation\n\nThis section applies in relation to the appointments of a person, in effect on the commencement of this section, to be a member and the president of the Mental Health Court (the current appointments ).\nThe period of each of the person’s current appointments is taken to include, and to have always included, the period from 14 February 2023 to 29 June 2023 (the relevant period ).\nSubsection (2) applies despite anything stated in an instrument under which a current appointment was made or under which the person was continued in office.\nAnything done under this Act or another law during the relevant period has the same effect, and is taken to have always had the same effect, as it would have had if the person had been appointed to be a member and the president of the Mental Health Court, for the relevant period, before the start of the relevant period.\nWithout limiting subsections (2) and (4), an exercise of jurisdiction by the person during the relevant period is as valid as it would be, and is taken to have always been as valid as it would have been, if the person had been appointed to be a member and the president of the Mental Health Court, for the relevant period, before the start of the relevant period.\nIn this section—\nexercise of jurisdiction means an exercise of the jurisdiction conferred on the Mental Health Court, or of the powers and functions conferred on a member of the court or the president of the court, under this Act or another law.\ns 873 ins 2023 No. 21 s 47C\n(sec.873-ssec.1) This section applies in relation to the appointments of a person, in effect on the commencement of this section, to be a member and the president of the Mental Health Court (the current appointments ).\n(sec.873-ssec.2) The period of each of the person’s current appointments is taken to include, and to have always included, the period from 14 February 2023 to 29 June 2023 (the relevant period ).\n(sec.873-ssec.3) Subsection (2) applies despite anything stated in an instrument under which a current appointment was made or under which the person was continued in office.\n(sec.873-ssec.4) Anything done under this Act or another law during the relevant period has the same effect, and is taken to have always had the same effect, as it would have had if the person had been appointed to be a member and the president of the Mental Health Court, for the relevant period, before the start of the relevant period.\n(sec.873-ssec.5) Without limiting subsections (2) and (4), an exercise of jurisdiction by the person during the relevant period is as valid as it would be, and is taken to have always been as valid as it would have been, if the person had been appointed to be a member and the president of the Mental Health Court, for the relevant period, before the start of the relevant period.\n(sec.873-ssec.6) In this section— exercise of jurisdiction means an exercise of the jurisdiction conferred on the Mental Health Court, or of the powers and functions conferred on a member of the court or the president of the court, under this Act or another law.","sortOrder":1144},{"sectionNumber":"ch.21-pt.4","sectionType":"part","heading":"Transitional provision for Health and Other Legislation Amendment Act 2024","content":"# Transitional provision for Health and Other Legislation Amendment Act 2024","sortOrder":1145},{"sectionNumber":"sec.874","sectionType":"section","heading":"Application of amendments about admissibility relating to references","content":"### sec.874 Application of amendments about admissibility relating to references\n\nChapter 5, part 5, division 2, as in force on the commencement, applies in relation to an expert’s report, or a transcript, for a proceeding for a reference if the reference is made after the commencement.\nFor subsection (1), it is irrelevant whether the offence in relation to the reference, or any other offence alleged to have been committed by the person, is alleged to have been committed before or after the commencement.\ns 874 ins 2024 No. 7 s 18\n(sec.874-ssec.1) Chapter 5, part 5, division 2, as in force on the commencement, applies in relation to an expert’s report, or a transcript, for a proceeding for a reference if the reference is made after the commencement.\n(sec.874-ssec.2) For subsection (1), it is irrelevant whether the offence in relation to the reference, or any other offence alleged to have been committed by the person, is alleged to have been committed before or after the commencement.","sortOrder":1146}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The provided text represents the introductory and early operational sections of the Act. The scope appears consistent with the stated objects in section 3: involuntary treatment for those lacking capacity, criminal justice diversion, and community protection. While the Act is comprehensive (covering examination, assessment, treatment authorities, forensic orders, and review mechanisms), this appears to be the intended scope rather than scope creep. The inclusion of victims' rights (section 6) and intellectual disability provisions (section 8) are integrated elements of the original legislative design rather than later additions."},"complexity_factors":["Extensive cross-referencing between chapters (e.g., Chapter 2 references Chapter 11, Part 6, Division 5 for transport powers; Chapter 12 for examination authorities)","Multiple overlapping legal instruments: integrates with Guardianship and Administration Act 2000, Powers of Attorney Act 1998, Police Powers and Responsibilities Act 2000, and Criminal Code","Nested conditional logic: treatment criteria require satisfaction of multiple cumulative elements (mental illness + incapacity + risk + no less restrictive way)","Hierarchical consent structure in section 13 requiring decision-makers to consider options in strict order (parent → advance directive → guardian → attorney → statutory health attorney)","Multiple categories of orders with different rules: treatment authorities (community vs inpatient), forensic orders (mental health vs disability vs Criminal Code), treatment support orders, examination authorities, emergency examination authorities","Complex temporal limitations: various detention periods (1 hour, 6 hours, 12 hours, 24 hours, 72 hours, 7 days) depending on context and extensions","Exception to exception structure: section 10 excludes certain conditions from being considered mental illness, then clarifies those excluded conditions don't prevent someone from having mental illness","Geographic and jurisdictional complexity: provisions for interstate transfers, Norfolk Island treated as a State (section 14A), classified patients","Dual pathways for criminal matters: Mental Health Court for serious offences, Magistrates Courts for simple offences, with different thresholds (unsound mind vs unfitness)","Delegated legislative framework: relies heavily on chief psychiatrist policies, approved forms, and schedule 3 dictionary definitions not fully contained in the provided text"],"plain_english_summary":"This is Queensland's **Mental Health Act 2016**, which governs how people with mental illness can be assessed, treated, and cared for when they cannot consent to treatment themselves.\n\n**What it does:**\n- **Involuntary treatment**: Allows doctors to examine and treat people with mental illness without their consent if they lack capacity and there's a risk of serious harm or deterioration. This requires a \"treatment authority\" (a legal order).\n- **Criminal justice diversion**: Provides a pathway for people accused of crimes to be diverted from the criminal courts if they were of \"unsound mind\" when the offence occurred or are \"unfit for trial\" (unable to understand the trial process). The Mental Health Court decides these matters.\n- **Protects rights**: Establishes strong principles including that treatment must be the \"least restrictive\" option possible, respect human dignity, involve family where appropriate, and recognise cultural needs (particularly for Aboriginal and Torres Strait Islander peoples).\n\n**Who it affects:**\n- People with mental illness who need treatment but cannot consent\n- People with intellectual disabilities (with modified rules)\n- Victims of crimes committed by people with mental illness\n- Authorised doctors, psychiatrists, police, and mental health services\n- The Mental Health Court and Mental Health Review Tribunal (which reviews orders)\n\n**Key safeguards:**\n- **Treatment criteria**: Must have mental illness + lack capacity + risk of harm/deterioration + no less restrictive way to treat\n- **Independent review**: The Mental Health Review Tribunal regularly reviews treatment authorities\n- **Patient rights**: Includes nominated support persons, independent rights advisers, and appeal rights\n- **Prohibited treatments**: Psychosurgery is banned; electroconvulsive therapy and restraint are strictly regulated\n\n**Why it matters:**\nThis law balances two competing needs: ensuring people with serious mental illness get necessary treatment while protecting their fundamental rights and freedoms. It recognises that involuntary treatment is a serious limitation on personal liberty and should only happen when absolutely necessary and with proper oversight."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with a narrow focus on mental illness treatment, the Act expressly extends its application to persons with intellectual disability in specified contexts (s.8) and integrates forensic disability pathways (s.104). It creates new, formalised information entitlements for victims (s.316–s.323, schedule 1), broad transport and involuntary medication powers for authorised persons (s.373–s.375, s.374), and detailed tribunal/Mental Health Court procedures and review regimes (chs 5, 12, 13). Transitional provisions (Part 15, s.837–s.866) preserve and convert prior orders into this broader framework."},"complexity_factors":["Multiple overlapping decision paths and orders (treatment authority, forensic orders, treatment support orders, tribunal and Mental Health Court) across criminal and civil processes (chs 5, 12, 13).","Extensive clinical discretion constrained by procedural safeguards and chief psychiatrist policies (e.g. s.213–216, s.273, s.305 references).","Interplay with intellectual disability/forensic disability provisions and substitution of roles (s.8, s.104, Part 15 transitional sections s.837–s.843).","Detailed transport, use‑of‑force, medication and restraint powers with statutory conditions and recordkeeping obligations (s.373–375, s.374, ch.8–9, s.242–275).","Complex evidence/admissibility rules and confidentiality regimes affecting trials, references and victim statements (s.157A–s.166, s.160, s.164, s.722).","Multiple review, appeal and timing rules (tribunal periodic/applicant reviews, review timeframes, non‑revocation periods) with numerous cross‑references (s.433–s.469, s.452).","Significant administrative burdens on service administrators and chief psychiatrist for notices, records systems and information sharing (s.225–231, s.319–323, s.784–s.785A).","Heavy use of cross‑referenced external Acts, approvals, forms and policies (Guardianship, Powers of Attorney, Criminal Code, Forensic Disability Act).","Extensive transitional provisions preserving and converting prior orders and authorisations (Part 15, s.837–s.866)."],"plain_english_summary":"This Act sets out when and how people with a mental illness (and, in specified situations, intellectual disability) may be examined, detained, treated involuntarily, or diverted from criminal proceedings, and creates processes for courts, a tribunal, clinicians and service administrators. Its stated aims are to protect patients’ rights, use the least restrictive option, promote recovery and protect community safety. It affects involuntary patients, accused persons whose mental state is in issue, victims and nominated support persons, and shifts decision‑making and reporting duties to authorised doctors, the chief psychiatrist, courts and the tribunal."},"summary":{"name":"Mental Health Act 2016","slug":"mental-health-act-2016","title_id":"qld:act-2016-005","version_id":29634,"analysis_type":"summary","content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"Complete Act including transitional provisions. Queensland's primary mental health legislation replacing the Mental Health Act 2000. Source strategy: whole document read for structural overview, key chapters sampled for operative provisions."},"complexity_factors":["19 chapters, 115 Parts, 1.7 million characters","Three intersecting pathways: clinical, forensic, and rights/appeals","Specialist court and tribunal with defined jurisdiction separate from ordinary courts","Detailed regulated treatment, restraint, and seclusion regimes","Complex interaction with criminal law, guardianship, advance health directives, and confidentiality"],"plain_english_summary":"The Mental Health Act 2016 (Qld) sets out how people in Queensland who lack capacity because of mental illness can be involuntarily assessed and treated, and how those whose offending is linked to mental illness can be diverted from ordinary criminal processes into specialist care.  \n\nIt also establishes patient rights and review pathways, empowers the chief psychiatrist to set binding clinical policy, bans psychosurgery, regulates electroconvulsive therapy, and restricts restraint and seclusion to last-resort use."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.13 (subsections 1, notes 1-3)","severity":"high","reasoning":"The section establishes advance health directives and attorney consent as viable less restrictive alternatives to involuntary treatment, but the notes carved out within the same section negate their utility for the core clinical matters at issue. A person cannot meaningfully receive 'reasonably necessary' treatment via an advance health directive if that directive cannot cover clinically relevant matters or authorise necessary medications. The section purports to offer alternatives while simultaneously hollowing them out.","confidence":0.88,"description":"Section 13 defines 'less restrictive ways' to receive treatment and care via advance health directives and attorney consent, then immediately notes that advance health directives do NOT cover clinically relevant treatment matters and do NOT authorise clinically necessary medications, and attorneys do NOT consent to clinically necessary medications. This renders two of the five listed 'less restrictive ways' largely inoperative for the very situations where they would be needed, creating pathways that lead nowhere in practice."},{"type":"self_contradicting","section":"sec.5(b) and sec.12","severity":"medium","reasoning":"The presumption of capacity is a guiding principle for administration, yet the main operative mechanism of the Act (treatment authorities) is triggered only when capacity is absent. While rebuttable presumptions are legally standard, the Act provides no procedural mechanism within these sections for formally rebutting the capacity presumption, leaving an unresolved tension between the default position and the precondition for coercive intervention.","confidence":0.72,"description":"Section 5(b) establishes a presumption that all persons have capacity to make decisions about their treatment and care. Section 12 defines treatment criteria requiring that a person does NOT have capacity to consent to be treated as a precondition for involuntary treatment. The Act therefore simultaneously presumes capacity exists (s.5) while operating a system premised on its absence (s.12), creating a structural tension where the default presumption must be rebutted before the Act's primary coercive mechanism can be engaged, but no mechanism for rebutting the presumption is articulated in the sections provided."},{"type":"other","section":"sec.3(1)(a)","severity":"low","reasoning":"The limitation may be intentional (the Act is about involuntary treatment), but framing it as the 'main object' of improving health and wellbeing creates a logical oddity: the Act's overarching health objective excludes anyone capable of consenting, meaning persons with severe mental illness who retain capacity fall outside the Act's main purpose.","confidence":0.65,"description":"The main object of improving and maintaining health and wellbeing is restricted to persons 'who do not have the capacity to consent to be treated.' This means the Act's primary stated object expressly excludes persons with mental illness who retain capacity — a significant and potentially large cohort. The object is framed as universal improvement of wellbeing but is structurally limited to a subset defined by incapacity."},{"type":"circular_definition","section":"sec.10(2)(g) and sec.10(3-4)","severity":"low","reasoning":"The distinction between 'having a mental illness caused by drug use' and 'being considered mentally ill merely because of drug use' is clinically meaningful but the Act provides no criteria for making that distinction, leaving an undefined gap between the exclusion and the exception.","confidence":0.7,"description":"Section 10(2)(g) provides that a person must not be considered to have a mental illness 'merely because' the person takes drugs or alcohol. Section 10(3) note 1 then clarifies a person may have a mental illness caused by taking drugs or alcohol. While subsection (3) is logically reconcilable (the word 'merely' does the work), the juxtaposition creates a practical circularity: drug/alcohol use cannot establish mental illness, but mental illness can be caused by drug/alcohol use, with no guidance on how clinicians are to distinguish the two situations or what additional evidence is required beyond the causative relationship itself."},{"type":"self_contradicting","section":"sec.32(4) and sec.32(5)","severity":"medium","reasoning":"The drafting conflates a maximum total period (12 hours from first attendance) with an extension mechanism, without clarifying whether the 12 hours is a fresh cap or a total cap. If the latter, a practitioner who waits until the 6-hour mark to extend gets at most 6 additional hours, which is not an 'extension' in any meaningful sense beyond what was already permitted. If the former, the initial 6-hour period and the 12-hour extended period overlap in a confusing way.","confidence":0.75,"description":"Section 32(4) allows extension of the detention period under 32(2)(c)(i) (initially up to 6 hours). Section 32(5) states the extension may be 'for a period of not more than 12 hours starting when the person first attends.' If the initial 6-hour period has already elapsed before extension, the 12-hour cap from first attendance may already be nearly exhausted or exceeded, meaning the 'extension' provides little or no additional time. Conversely, if the extension resets to 12 hours from first attendance regardless of when exercised, the subsections are poorly drafted as the extension power would shrink to zero if not exercised early."},{"type":"other","section":"sec.4(1) and sec.4(2)","severity":"low","reasoning":"This is a common legislative drafting pattern in Australia (Crown immunity from prosecution), but the logical consequence is that 'binds all persons including the State' is qualified to the point of near-meaninglessness for enforcement purposes against the State itself.","confidence":0.6,"description":"The Act binds the State (sec.4(1)) but section 4(2) provides that nothing in the Act makes the State liable to be prosecuted for an offence. Given the Act creates numerous offences and obligations, exempting the State from prosecution while binding it creates an unenforceable obligation — the State is nominally bound but faces no penal consequence for breach, rendering the binding largely symbolic."},{"type":"impossible_compliance","section":"sec.43(2) and sec.43(3)","severity":"medium","reasoning":"The independence requirement in s.43(2) is a meaningful rights safeguard. The rural/remote exception in s.43(3) effectively nullifies it in geographic contexts where patients are arguably most vulnerable to unchecked decision-making. The exception swallows the rule in practice for a significant portion of the jurisdiction.","confidence":0.8,"description":"Section 43(2) requires that the authorised doctor making an assessment must not be the same doctor who made the recommendation for assessment, to ensure independent review. Section 43(3) creates a blanket exception for rural and remote services where only one authorised doctor is reasonably available. In such circumstances, the same doctor who concluded the treatment criteria 'may apply' (recommendation) then conducts the definitive assessment of whether they 'do apply' — eliminating the independence safeguard entirely in the settings most likely to have limited oversight."},{"type":"other","section":"sec.8(b)","severity":"low","reasoning":"The wholesale substitution of 'treatment and care' with 'care' throughout the Act for intellectual disability patients creates systemic interpretive uncertainty given how frequently 'treatment and care' appears as a compound term triggering specific rights and procedures.","confidence":0.62,"description":"Section 8(b) provides that for persons with intellectual disability, references to 'treatment and care' mean only 'care.' This has the effect that the 'less restrictive way' analysis under section 13 (which refers to 'treatment and care') and treatment authority provisions apply differently to persons with intellectual disability, potentially leaving them with fewer protections or creating interpretive confusion throughout the Act wherever 'treatment and care' is used."}],"contradictions":[{"severity":"medium","section_a":"sec.3(2)(b) and sec.3(3)","section_b":"sec.12(1)(c)","confidence":0.75,"description":"Section 3(2)(b) and (3) state the Act must operate in the 'least restrictive' way, affecting rights only to the extent required to protect the person's safety and welfare or the safety of others. Section 12(1)(c) sets the threshold for involuntary treatment at 'imminent serious harm' OR 'serious mental or physical deterioration.' The deterioration limb does not require any risk to others or even imminent danger — it allows involuntary treatment for anticipated future decline. This is broader than the 'least restrictive' objects clause contemplates, which ties restrictions to safety protection."},{"severity":"high","section_a":"sec.5(b) (presumption of capacity)","section_b":"sec.14(2)","confidence":0.82,"description":"Section 5(b) establishes a presumption of capacity to make treatment decisions. Section 14(2) states a person may have capacity to consent to be treated even if they decide not to receive treatment. While consistent in isolation, together with the treatment criteria in sec.12(1)(b) (which requires absence of capacity), these provisions create a contradiction: a person exercising their autonomous right to refuse treatment (s.14(2), consistent with having capacity) could simultaneously be assessed as lacking capacity if their refusal is attributed to their mental illness rather than an informed choice, with no objective criteria provided to distinguish the two."},{"severity":"medium","section_a":"sec.3(2)(c)","section_b":"sec.12(1)(b) and sec.13","confidence":0.7,"description":"Section 3(2)(c) promotes recovery and the person's ability to live in the community without involuntary treatment and care. Section 12(1)(b) and section 13 make involuntary treatment contingent on lack of capacity and absence of a less restrictive alternative. However, the 'less restrictive way' in sec.13 can only be exercised with another person's consent (parent, guardian, attorney etc.), never the patient's own — sec.12(2) expressly states 'the person's own consent only is relevant' for the capacity question. This means a capable person who refuses treatment can never access the 'less restrictive' community-based alternatives, contradicting the recovery-without-involuntary-treatment object."},{"severity":"medium","section_a":"sec.5(c) (family involvement in decisions)","section_b":"sec.5(m) (privacy and confidentiality)","confidence":0.78,"description":"Section 5(c) requires that family, carers and other support persons be involved in treatment and care decisions 'to the greatest extent practicable.' Section 5(m) requires that the person's right to privacy and confidentiality of information be recognised and taken into account. These principles directly conflict where a patient objects to family involvement: maximum family participation requires sharing clinical information, which breaches privacy. The Act provides no hierarchy or resolution mechanism between these two principles within section 5 itself."},{"severity":"high","section_a":"sec.18(3)","section_b":"sec.12(1)(c)(ii)","confidence":0.9,"description":"Section 18(3) describes the key elements of treatment criteria as requiring 'a risk of imminent serious harm to the person or others.' However, section 12(1)(c)(ii) also includes 'serious mental or physical deterioration' as a standalone ground — no imminence or harm to others is required for this limb. Section 18(3) therefore materially misrepresents the treatment criteria by omitting the deterioration ground, creating a contradiction between the overview provision and the operative definition."},{"severity":"medium","section_a":"sec.25(2)","section_b":"sec.5(m) (privacy and confidentiality)","confidence":0.65,"description":"Section 25(2) allows a person to appoint up to two nominated support persons who are then entitled to receive information and support the involuntary patient under the Act (including receiving copies of authorities per sec.35(3) and sec.40(3)). Section 5(m) protects the person's right to privacy and confidentiality. Once appointed, these nominated support persons receive information about the patient, but the Act provides no mechanism for the patient (who is by definition lacking capacity under s.12(1)(b)) to later revoke that appointment, potentially locking in a privacy breach the person can no longer correct."},{"severity":"low","section_a":"sec.6(1)(c)","section_b":"sec.3(1)(b)","confidence":0.6,"description":"Section 6(1)(c) defines a 'victim' to include a person who suffered harm because of an unlawful act committed against a victim under sec.6(1)(a). Section 3(1)(b) contemplates that persons may be diverted from the criminal justice system if found to have been of unsound mind. If the perpetrator was of unsound mind (and therefore arguably not criminally responsible), characterising the consequences as an 'unlawful act' and extending victim principles accordingly creates a logical tension: the Act simultaneously treats the act as 'unlawful' for victim purposes while treating the perpetrator as not criminally culpable for diversion purposes."}]}},"importantCases":[],"_links":{"self":"/api/acts/mental-health-act-2016","history":"/api/acts/mental-health-act-2016/history","analysis":"/api/acts/mental-health-act-2016/analysis","conflicts":"/api/acts/mental-health-act-2016/conflicts","importantCases":"/api/acts/mental-health-act-2016/important-cases","documents":"/api/acts/mental-health-act-2016/documents"}}