{"id":"qld:act-2013-007","name":"Queensland Mental Health Commission Act 2013","slug":"queensland-mental-health-commission-act-2013","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"7 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29735,"registerId":"qld-act-2013-007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Mental Health Commission Act 2013 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 9 , commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent 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.3-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.3-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Object of Act and guiding principles","content":"## Object of Act and guiding principles","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Object","content":"### sec.4 Object\n\nThe object of this Act is to establish the Queensland Mental Health Commission to drive ongoing reform towards a more integrated, evidence-based, recovery-oriented mental health and substance misuse system.\nThe object is mainly achieved by—\ndeveloping a whole-of-government strategic plan that—\nprovides for coordinated action by relevant agencies involved in the delivery of relevant services; and\npromotes the best interests of—\npeople with mental health or substance misuse issues, and their families, carers and support persons; and\npeople who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\ndrives innovation and best practice through knowledge sharing, research and evidence-based policy and practice; and\nencourages integration of relevant services; and\nmonitoring, reviewing and reporting on issues affecting—\npeople with mental health or substance misuse issues, and their families, carers and support persons; and\npeople who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\npromoting prevention, early intervention and community awareness strategies.\n(sec.4-ssec.1) The object of this Act is to establish the Queensland Mental Health Commission to drive ongoing reform towards a more integrated, evidence-based, recovery-oriented mental health and substance misuse system.\n(sec.4-ssec.2) The object is mainly achieved by— developing a whole-of-government strategic plan that— provides for coordinated action by relevant agencies involved in the delivery of relevant services; and promotes the best interests of— people with mental health or substance misuse issues, and their families, carers and support persons; and people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and drives innovation and best practice through knowledge sharing, research and evidence-based policy and practice; and encourages integration of relevant services; and monitoring, reviewing and reporting on issues affecting— people with mental health or substance misuse issues, and their families, carers and support persons; and people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and promoting prevention, early intervention and community awareness strategies.\n- (a) developing a whole-of-government strategic plan that— (i) provides for coordinated action by relevant agencies involved in the delivery of relevant services; and (ii) promotes the best interests of— (A) people with mental health or substance misuse issues, and their families, carers and support persons; and (B) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and (iii) drives innovation and best practice through knowledge sharing, research and evidence-based policy and practice; and (iv) encourages integration of relevant services; and\n- (i) provides for coordinated action by relevant agencies involved in the delivery of relevant services; and\n- (ii) promotes the best interests of— (A) people with mental health or substance misuse issues, and their families, carers and support persons; and (B) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\n- (A) people with mental health or substance misuse issues, and their families, carers and support persons; and\n- (B) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\n- (iii) drives innovation and best practice through knowledge sharing, research and evidence-based policy and practice; and\n- (iv) encourages integration of relevant services; and\n- (b) monitoring, reviewing and reporting on issues affecting— (i) people with mental health or substance misuse issues, and their families, carers and support persons; and (ii) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\n- (i) people with mental health or substance misuse issues, and their families, carers and support persons; and\n- (ii) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\n- (c) promoting prevention, early intervention and community awareness strategies.\n- (i) provides for coordinated action by relevant agencies involved in the delivery of relevant services; and\n- (ii) promotes the best interests of— (A) people with mental health or substance misuse issues, and their families, carers and support persons; and (B) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\n- (A) people with mental health or substance misuse issues, and their families, carers and support persons; and\n- (B) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\n- (iii) drives innovation and best practice through knowledge sharing, research and evidence-based policy and practice; and\n- (iv) encourages integration of relevant services; and\n- (A) people with mental health or substance misuse issues, and their families, carers and support persons; and\n- (B) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and\n- (i) people with mental health or substance misuse issues, and their families, carers and support persons; and\n- (ii) people who are vulnerable to, or otherwise at significant risk of, developing mental health or substance misuse issues; and","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Guiding principles","content":"### sec.5 Guiding principles\n\nA person must have regard to the principles stated in this section when performing a function or exercising a power under this Act.\nPeople with mental illness or who misuse substances—\nshould have access to quality mental health or substance misuse services, care and support, wherever they live; and\nshould be treated with respect and dignity; and\nshould be supported to participate fully in community life and lead meaningful lives; and\nhave the same right to privacy as other members of society.\nAboriginal or Torres Strait Islander people should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom and is culturally appropriate and respectful.\nCarers, family members and support persons for people with a mental illness or who misuse substances—\nare integral to wellbeing, treatment and recovery; and\nshould be respected, valued and supported; and\nshould be engaged, wherever possible, in treatment plans.\nAn effective mental health and substance misuse system is the shared responsibility of the government and non-government sectors and requires—\na coordinated and integrated approach, including across the areas of health, housing, employment, education, justice and policing; and\na commitment to communication and collaboration across public sector and publicly funded agencies, consumers and the community; and\nstrategies that foster inclusive, safer and healthier families, workplaces and communities.\n(sec.5-ssec.1) A person must have regard to the principles stated in this section when performing a function or exercising a power under this Act.\n(sec.5-ssec.2) People with mental illness or who misuse substances— should have access to quality mental health or substance misuse services, care and support, wherever they live; and should be treated with respect and dignity; and should be supported to participate fully in community life and lead meaningful lives; and have the same right to privacy as other members of society.\n(sec.5-ssec.3) Aboriginal or Torres Strait Islander people should be provided with treatment, care and support in a way that recognises and is consistent with Aboriginal tradition or Island custom and is culturally appropriate and respectful.\n(sec.5-ssec.4) Carers, family members and support persons for people with a mental illness or who misuse substances— are integral to wellbeing, treatment and recovery; and should be respected, valued and supported; and should be engaged, wherever possible, in treatment plans.\n(sec.5-ssec.5) An effective mental health and substance misuse system is the shared responsibility of the government and non-government sectors and requires— a coordinated and integrated approach, including across the areas of health, housing, employment, education, justice and policing; and a commitment to communication and collaboration across public sector and publicly funded agencies, consumers and the community; and strategies that foster inclusive, safer and healthier families, workplaces and communities.\n- (a) should have access to quality mental health or substance misuse services, care and support, wherever they live; and\n- (b) should be treated with respect and dignity; and\n- (c) should be supported to participate fully in community life and lead meaningful lives; and\n- (d) have the same right to privacy as other members of society.\n- (a) are integral to wellbeing, treatment and recovery; and\n- (b) should be respected, valued and supported; and\n- (c) should be engaged, wherever possible, in treatment plans.\n- (a) a coordinated and integrated approach, including across the areas of health, housing, employment, education, justice and policing; and\n- (b) a commitment to communication and collaboration across public sector and publicly funded agencies, consumers and the community; and\n- (c) strategies that foster inclusive, safer and healthier families, workplaces and communities.","sortOrder":7},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of whole-of-government strategic plan","content":"### sec.7 Meaning of whole-of-government strategic plan\n\nA whole-of-government strategic plan is a plan for the improvement of mental health and the limiting of harm associated with substance misuse that—\nprovides strategic guidance and direction about the intended outcomes of government funding of, and the development and implementation of policy in relation to, the mental health and substance misuse system; and\nestablishes benchmarks and performance measures for evaluating and reporting on the effectiveness of the mental health and substance misuse system; and\nfosters the development and strengthening of partnerships and the integration of services across relevant agencies; and\nfosters the development of evidence-based policy and promotes the uptake of innovation and evidence-based practice by relevant agencies; and\nincludes strategies for—\nincreasing participation by relevant persons in the development, delivery and evaluation of policies, programs and services to the greatest extent possible; and\nsupporting and promoting the mental health and wellbeing of the community; and\nsupporting and promoting the prevention of, and early intervention in relation to, mental illness and substance misuse; and\nsupporting and promoting the general health and wellbeing of relevant persons; and\nenhancing community awareness and understanding about mental health and substance misuse issues, including for the purpose of reducing stigma and discrimination; and\nprovides for other matters the commission considers necessary to exercise its functions under this Act.\n- (a) provides strategic guidance and direction about the intended outcomes of government funding of, and the development and implementation of policy in relation to, the mental health and substance misuse system; and\n- (b) establishes benchmarks and performance measures for evaluating and reporting on the effectiveness of the mental health and substance misuse system; and\n- (c) fosters the development and strengthening of partnerships and the integration of services across relevant agencies; and\n- (d) fosters the development of evidence-based policy and promotes the uptake of innovation and evidence-based practice by relevant agencies; and\n- (e) includes strategies for— (i) increasing participation by relevant persons in the development, delivery and evaluation of policies, programs and services to the greatest extent possible; and (ii) supporting and promoting the mental health and wellbeing of the community; and (iii) supporting and promoting the prevention of, and early intervention in relation to, mental illness and substance misuse; and (iv) supporting and promoting the general health and wellbeing of relevant persons; and (v) enhancing community awareness and understanding about mental health and substance misuse issues, including for the purpose of reducing stigma and discrimination; and\n- (i) increasing participation by relevant persons in the development, delivery and evaluation of policies, programs and services to the greatest extent possible; and\n- (ii) supporting and promoting the mental health and wellbeing of the community; and\n- (iii) supporting and promoting the prevention of, and early intervention in relation to, mental illness and substance misuse; and\n- (iv) supporting and promoting the general health and wellbeing of relevant persons; and\n- (v) enhancing community awareness and understanding about mental health and substance misuse issues, including for the purpose of reducing stigma and discrimination; and\n- (f) provides for other matters the commission considers necessary to exercise its functions under this Act.\n- (i) increasing participation by relevant persons in the development, delivery and evaluation of policies, programs and services to the greatest extent possible; and\n- (ii) supporting and promoting the mental health and wellbeing of the community; and\n- (iii) supporting and promoting the prevention of, and early intervention in relation to, mental illness and substance misuse; and\n- (iv) supporting and promoting the general health and wellbeing of relevant persons; and\n- (v) enhancing community awareness and understanding about mental health and substance misuse issues, including for the purpose of reducing stigma and discrimination; and","sortOrder":10},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Mental Health Commission","content":"# Queensland Mental Health Commission","sortOrder":11},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment of Mental Health Commission","content":"### sec.8 Establishment of Mental Health Commission\n\nThe Queensland Mental Health Commission is established.","sortOrder":13},{"sectionNumber":"sec.9","sectionType":"section","heading":"Commission represents the State","content":"### sec.9 Commission represents the State\n\nThe commission represents the State.\nWithout limiting subsection (1) , the commission has the status, privileges and immunities of the State.\n(sec.9-ssec.1) The commission represents the State.\n(sec.9-ssec.2) Without limiting subsection (1) , the commission has the status, privileges and immunities of the State.","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application of other Acts","content":"### sec.10 Application of other Acts\n\nThe commission is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.\ns 10 amd 2014 No. 21 s 94 (2) sch 2\n(sec.10-ssec.1) The commission is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.10-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the commission’s powers.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Commission’s functions","content":"### sec.11 Commission’s functions\n\nThe main functions of the commission are as follows—\nto prepare a whole-of-government strategic plan;\nto monitor and report to the Minister on implementation of the whole-of-government strategic plan;\nto review the whole-of-government strategic plan;\nto review, evaluate, report and advise on—\nthe mental health and substance misuse system; and\nother issues affecting relevant persons; and\nissues affecting community mental health and substance misuse;\nto promote and facilitate the sharing of knowledge and ideas about mental health and substance misuse issues;\nto undertake and commission research in relation to mental health and substance misuse issues;\nto support and promote strategies that—\nprevent mental illness and substance misuse; and\nfacilitate early intervention for mental illness and substance abuse;\nto support and promote the general health and wellbeing of people with a mental illness and people who misuse substances, and their families, carers and support persons;\nto support and promote social inclusion and recovery of people with a mental illness or who misuse substances;\nto promote community awareness and understanding about mental health and substance misuse issues, including for the purpose of reducing stigma and discrimination;\nto take other action the commission considers appropriate to address the needs of relevant persons.\nIn exercising its functions under this Act, the commission must—\nfocus on systemic mental health and substance misuse issues; and\ntake into account comorbid issues including disability, chronic disease and homelessness; and\ntake into account issues for people with mental health and substance misuse issues in the criminal justice system; and\nengage and consult with—\npeople with mental health or substance misuse issues, and their families, carers and support persons; and\nHospital and Health Boards under the Hospital and Health Boards Act 2011 ; and\nthe government, non-government and private sectors; and\nother members of the community to the extent the commissioner considers appropriate; and\ntake into account the particular views, needs and vulnerabilities of different sections of the Queensland community, including—\nAboriginal and Torres Strait Islander communities; and\nculturally and linguistically diverse communities; and\nregional and remote communities; and\nother groups at risk of marginalisation and discrimination; and\ntake into account contemporary evidence and relevant policy and strategic frameworks.\n(sec.11-ssec.1) The main functions of the commission are as follows— to prepare a whole-of-government strategic plan; to monitor and report to the Minister on implementation of the whole-of-government strategic plan; to review the whole-of-government strategic plan; to review, evaluate, report and advise on— the mental health and substance misuse system; and other issues affecting relevant persons; and issues affecting community mental health and substance misuse; to promote and facilitate the sharing of knowledge and ideas about mental health and substance misuse issues; to undertake and commission research in relation to mental health and substance misuse issues; to support and promote strategies that— prevent mental illness and substance misuse; and facilitate early intervention for mental illness and substance abuse; to support and promote the general health and wellbeing of people with a mental illness and people who misuse substances, and their families, carers and support persons; to support and promote social inclusion and recovery of people with a mental illness or who misuse substances; to promote community awareness and understanding about mental health and substance misuse issues, including for the purpose of reducing stigma and discrimination; to take other action the commission considers appropriate to address the needs of relevant persons.\n(sec.11-ssec.2) In exercising its functions under this Act, the commission must— focus on systemic mental health and substance misuse issues; and take into account comorbid issues including disability, chronic disease and homelessness; and take into account issues for people with mental health and substance misuse issues in the criminal justice system; and engage and consult with— people with mental health or substance misuse issues, and their families, carers and support persons; and Hospital and Health Boards under the Hospital and Health Boards Act 2011 ; and the government, non-government and private sectors; and other members of the community to the extent the commissioner considers appropriate; and take into account the particular views, needs and vulnerabilities of different sections of the Queensland community, including— Aboriginal and Torres Strait Islander communities; and culturally and linguistically diverse communities; and regional and remote communities; and other groups at risk of marginalisation and discrimination; and take into account contemporary evidence and relevant policy and strategic frameworks.\n- (a) to prepare a whole-of-government strategic plan;\n- (b) to monitor and report to the Minister on implementation of the whole-of-government strategic plan;\n- (c) to review the whole-of-government strategic plan;\n- (d) to review, evaluate, report and advise on— (i) the mental health and substance misuse system; and (ii) other issues affecting relevant persons; and (iii) issues affecting community mental health and substance misuse;\n- (i) the mental health and substance misuse system; and\n- (ii) other issues affecting relevant persons; and\n- (iii) issues affecting community mental health and substance misuse;\n- (e) to promote and facilitate the sharing of knowledge and ideas about mental health and substance misuse issues;\n- (f) to undertake and commission research in relation to mental health and substance misuse issues;\n- (g) to support and promote strategies that— (i) prevent mental illness and substance misuse; and (ii) facilitate early intervention for mental illness and substance abuse;\n- (i) prevent mental illness and substance misuse; and\n- (ii) facilitate early intervention for mental illness and substance abuse;\n- (h) to support and promote the general health and wellbeing of people with a mental illness and people who misuse substances, and their families, carers and support persons;\n- (i) to support and promote social inclusion and recovery of people with a mental illness or who misuse substances;\n- (j) to promote community awareness and understanding about mental health and substance misuse issues, including for the purpose of reducing stigma and discrimination;\n- (k) to take other action the commission considers appropriate to address the needs of relevant persons.\n- (i) the mental health and substance misuse system; and\n- (ii) other issues affecting relevant persons; and\n- (iii) issues affecting community mental health and substance misuse;\n- (i) prevent mental illness and substance misuse; and\n- (ii) facilitate early intervention for mental illness and substance abuse;\n- (a) focus on systemic mental health and substance misuse issues; and\n- (b) take into account comorbid issues including disability, chronic disease and homelessness; and\n- (c) take into account issues for people with mental health and substance misuse issues in the criminal justice system; and\n- (d) engage and consult with— (i) people with mental health or substance misuse issues, and their families, carers and support persons; and (ii) Hospital and Health Boards under the Hospital and Health Boards Act 2011 ; and (iii) the government, non-government and private sectors; and (iv) other members of the community to the extent the commissioner considers appropriate; and\n- (i) people with mental health or substance misuse issues, and their families, carers and support persons; and\n- (ii) Hospital and Health Boards under the Hospital and Health Boards Act 2011 ; and\n- (iii) the government, non-government and private sectors; and\n- (iv) other members of the community to the extent the commissioner considers appropriate; and\n- (e) take into account the particular views, needs and vulnerabilities of different sections of the Queensland community, including— (i) Aboriginal and Torres Strait Islander communities; and (ii) culturally and linguistically diverse communities; and (iii) regional and remote communities; and (iv) other groups at risk of marginalisation and discrimination; and\n- (i) Aboriginal and Torres Strait Islander communities; and\n- (ii) culturally and linguistically diverse communities; and\n- (iii) regional and remote communities; and\n- (iv) other groups at risk of marginalisation and discrimination; and\n- (f) take into account contemporary evidence and relevant policy and strategic frameworks.\n- (i) people with mental health or substance misuse issues, and their families, carers and support persons; and\n- (ii) Hospital and Health Boards under the Hospital and Health Boards Act 2011 ; and\n- (iii) the government, non-government and private sectors; and\n- (iv) other members of the community to the extent the commissioner considers appropriate; and\n- (i) Aboriginal and Torres Strait Islander communities; and\n- (ii) culturally and linguistically diverse communities; and\n- (iii) regional and remote communities; and\n- (iv) other groups at risk of marginalisation and discrimination; and","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Commission’s powers","content":"### sec.12 Commission’s powers\n\nThe commission has all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\nappoint agents and attorneys; and\nengage consultants or contractors; and\ndo anything else necessary or convenient to be done in the performance of its functions.\nWithout limiting subsection (1) , the commission has the powers given to it under this Act or another Act.\n(sec.12-ssec.1) The commission has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants or contractors; and do anything else necessary or convenient to be done in the performance of its functions.\n(sec.12-ssec.2) Without limiting subsection (1) , the commission has the powers given to it under this Act or another Act.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants or contractors; and\n- (e) do anything else necessary or convenient to be done in the performance of its functions.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Ministerial direction","content":"### sec.13 Ministerial direction\n\nThe commissioner is subject to the directions of the Minister in performing the commissioner’s functions under this Act.\nThe commissioner must comply with a direction given by the Minister.\nThe commission must include in its annual report details of—\nany direction given by the Minister under subsection (1) during the financial year to which the report relates; and\naction taken by the commissioner as a result of the direction.\n(sec.13-ssec.1) The commissioner is subject to the directions of the Minister in performing the commissioner’s functions under this Act.\n(sec.13-ssec.2) The commissioner must comply with a direction given by the Minister.\n(sec.13-ssec.3) The commission must include in its annual report details of— any direction given by the Minister under subsection (1) during the financial year to which the report relates; and action taken by the commissioner as a result of the direction.\n- (a) any direction given by the Minister under subsection (1) during the financial year to which the report relates; and\n- (b) action taken by the commissioner as a result of the direction.","sortOrder":19},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Membership of the commission","content":"## Membership of the commission","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Membership of commission","content":"### sec.14 Membership of commission\n\nThe commission consists of—\nthe commissioner; and\nthe staff of the commission.\nThe staff are employed under the Public Sector Act 2022 .\nFor the employment of the commissioner, see section 17 .\ns 14 amd 2020 No. 31 s 35 ; 2022 No. 34 s 365 sch 3\n(sec.14-ssec.1) The commission consists of— the commissioner; and the staff of the commission.\n(sec.14-ssec.2) The staff are employed under the Public Sector Act 2022 . For the employment of the commissioner, see section 17 .\n- (a) the commissioner; and\n- (b) the staff of the commission.","sortOrder":21},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Commissioner","content":"## Commissioner","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Commissioner","content":"### sec.15 Commissioner\n\nThe commission is to have a Mental Health Commissioner.\nThe commissioner is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment only if the Minister is satisfied the person has the skills, knowledge, experience and public standing required to exercise the commission’s functions effectively and efficiently.\n(sec.15-ssec.1) The commission is to have a Mental Health Commissioner.\n(sec.15-ssec.2) The commissioner is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.15-ssec.3) The Minister may recommend a person for appointment only if the Minister is satisfied the person has the skills, knowledge, experience and public standing required to exercise the commission’s functions effectively and efficiently.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Restriction on appointment","content":"### sec.16 Restriction on appointment\n\nA member of the council must not be appointed as commissioner.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Commissioner employed under this Act","content":"### sec.17 Commissioner employed under this Act\n\nThe commissioner is employed under this Act and not under the Public Sector Act 2022 .\ns 17 amd 2022 No. 34 s 365 sch 3","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Term of office","content":"### sec.18 Term of office\n\nSubject to this division, the commissioner holds office for a term of not more than 5 years decided by the Governor in Council.\ns 18 sub 2020 No. 31 s 38","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Functions and powers of commissioner","content":"### sec.19 Functions and powers of commissioner\n\nThe main functions of the commissioner are as follows—\nto manage the commission in a way that ensures the commission performs its functions under this Act effectively and efficiently;\nto make recommendations to the Minister about any matter that—\nrelates to the performance or exercise of the commissioner’s or commission’s functions or powers; and\nmay help the Minister in the proper administration of this Act;\nto manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 .\nThe commissioner’s functions also include any other function given to the commissioner under this Act or another Act.\nThe commissioner may exercise the powers of the commission and any other powers given to the commissioner under this Act or another Act.\ns 19 amd 2020 No. 31 s 39 ; 2022 No. 34 s 365 sch 3\n(sec.19-ssec.1) The main functions of the commissioner are as follows— to manage the commission in a way that ensures the commission performs its functions under this Act effectively and efficiently; to make recommendations to the Minister about any matter that— relates to the performance or exercise of the commissioner’s or commission’s functions or powers; and may help the Minister in the proper administration of this Act; to manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 .\n(sec.19-ssec.2) The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.\n(sec.19-ssec.3) The commissioner may exercise the powers of the commission and any other powers given to the commissioner under this Act or another Act.\n- (a) to manage the commission in a way that ensures the commission performs its functions under this Act effectively and efficiently;\n- (b) to make recommendations to the Minister about any matter that— (i) relates to the performance or exercise of the commissioner’s or commission’s functions or powers; and (ii) may help the Minister in the proper administration of this Act;\n- (i) relates to the performance or exercise of the commissioner’s or commission’s functions or powers; and\n- (ii) may help the Minister in the proper administration of this Act;\n- (c) to manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022 .\n- (i) relates to the performance or exercise of the commissioner’s or commission’s functions or powers; and\n- (ii) may help the Minister in the proper administration of this Act;","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Conditions of appointment","content":"### sec.20 Conditions of appointment\n\nThe commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\nThe commissioner holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.\n(sec.20-ssec.1) The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.20-ssec.2) The commissioner holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Vacancy in office of commissioner","content":"### sec.21 Vacancy in office of commissioner\n\nThe office of the commissioner becomes vacant if the commissioner—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice to the Minister giving at least 1 month’s notice; or\nis convicted of an indictable offence; or\nis a person who is an insolvent under administration; or\nis removed from office by the Governor in Council under subsection (2) ; or\nis suspended by the Minister under subsection (4) .\nThe Governor in Council may, at any time, remove the commissioner from office on the recommendation of the Minister.\nThe Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner—\nhas been guilty of misconduct; or\nis incapable of performing his or her duties; or\nhas neglected his or her duties or performed them incompetently.\nThe Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if—\nthere is an allegation of misconduct against the commissioner; or\nthe Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.\ns 21 amd 2023 No. 23 s 247 sch 1 s 2 (2) ; 2025 No. 21 s 52\n(sec.21-ssec.1) The office of the commissioner becomes vacant if the commissioner— completes a term of office and is not reappointed; or resigns office by signed notice to the Minister giving at least 1 month’s notice; or is convicted of an indictable offence; or is a person who is an insolvent under administration; or is removed from office by the Governor in Council under subsection (2) ; or is suspended by the Minister under subsection (4) .\n(sec.21-ssec.2) The Governor in Council may, at any time, remove the commissioner from office on the recommendation of the Minister.\n(sec.21-ssec.3) The Minister may recommend the commissioner’s removal only if the Minister is satisfied the commissioner— has been guilty of misconduct; or is incapable of performing his or her duties; or has neglected his or her duties or performed them incompetently.\n(sec.21-ssec.4) The Minister may suspend the commissioner for up to 60 days by signed notice to the commissioner if— there is an allegation of misconduct against the commissioner; or the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (c) is convicted of an indictable offence; or\n- (d) is a person who is an insolvent under administration; or\n- (e) is removed from office by the Governor in Council under subsection (2) ; or\n- (f) is suspended by the Minister under subsection (4) .\n- (a) has been guilty of misconduct; or\n- (b) is incapable of performing his or her duties; or\n- (c) has neglected his or her duties or performed them incompetently.\n- (a) there is an allegation of misconduct against the commissioner; or\n- (b) the Minister is satisfied a matter has arisen in relation to the commissioner that may be grounds for removal under this section.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Preservation of rights of commissioner","content":"### sec.22 Preservation of rights of commissioner\n\nThis section applies if an officer of the public service is appointed as the commissioner.\nThe person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the commissioner were a continuation of service as an officer of the public service.\nAt the end of the person’s term of office or resignation as the commissioner the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n(sec.22-ssec.1) This section applies if an officer of the public service is appointed as the commissioner.\n(sec.22-ssec.2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the commissioner were a continuation of service as an officer of the public service.\n(sec.22-ssec.3) At the end of the person’s term of office or resignation as the commissioner the person’s service as the commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Acting commissioner","content":"### sec.23 Acting commissioner\n\nThis section applies if—\nthe office of the commissioner is vacant; or\nthe commissioner is absent from duty or otherwise unable to perform the commissioner’s functions.\nThe Minister may appoint a person, other than a member of the council, to act as commissioner for a period of not longer than 6 months.\nHowever, the Minister may extend the appointment for a further period of not longer than 6 months.\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) or (v) .\ns 23 sub 2025 No. 21 s 53\n(sec.23-ssec.1) This section applies if— the office of the commissioner is vacant; or the commissioner is absent from duty or otherwise unable to perform the commissioner’s functions.\n(sec.23-ssec.2) The Minister may appoint a person, other than a member of the council, to act as commissioner for a period of not longer than 6 months.\n(sec.23-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.\n(sec.23-ssec.4) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) or (v) .\n- (a) the office of the commissioner is vacant; or\n- (b) the commissioner is absent from duty or otherwise unable to perform the commissioner’s functions.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2020 No. 31 s 40","sortOrder":32},{"sectionNumber":"pt.3","sectionType":"part","heading":"Whole-of-government strategic plan and reporting by commission","content":"# Whole-of-government strategic plan and reporting by commission","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Commission to develop whole-of-government strategic plan","content":"### sec.25 Commission to develop whole-of-government strategic plan\n\nAs soon as practicable after the commencement of this Act, the commission must prepare a whole-of-government strategic plan and submit it to the Minister for approval.\nIn preparing the whole-of-government strategic plan the commission must consult with relevant persons and relevant agencies.\n(sec.25-ssec.1) As soon as practicable after the commencement of this Act, the commission must prepare a whole-of-government strategic plan and submit it to the Minister for approval.\n(sec.25-ssec.2) In preparing the whole-of-government strategic plan the commission must consult with relevant persons and relevant agencies.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Commission to facilitate implementation of, and report on, whole-of-government strategic plan","content":"### sec.26 Commission to facilitate implementation of, and report on, whole-of-government strategic plan\n\nThe commission must—\nfacilitate the implementation of the whole-of-government strategic plan; and\nmonitor and report to the Minister on its implementation.\n- (a) facilitate the implementation of the whole-of-government strategic plan; and\n- (b) monitor and report to the Minister on its implementation.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Commission to review whole-of-government strategic plan","content":"### sec.27 Commission to review whole-of-government strategic plan\n\nThe commission must—\nreview the whole-of-government strategic plan—\nat least once every 5 years; or\nat an earlier time, if directed by the Minister; and\nprepare any appropriate amendments of the whole-of-government strategic plan and submit them to the Minister for approval.\nIn preparing amendments of the whole-of-government strategic plan the commission must consult with relevant persons and relevant agencies.\n(sec.27-ssec.1) The commission must— review the whole-of-government strategic plan— at least once every 5 years; or at an earlier time, if directed by the Minister; and prepare any appropriate amendments of the whole-of-government strategic plan and submit them to the Minister for approval.\n(sec.27-ssec.2) In preparing amendments of the whole-of-government strategic plan the commission must consult with relevant persons and relevant agencies.\n- (a) review the whole-of-government strategic plan— (i) at least once every 5 years; or (ii) at an earlier time, if directed by the Minister; and\n- (i) at least once every 5 years; or\n- (ii) at an earlier time, if directed by the Minister; and\n- (b) prepare any appropriate amendments of the whole-of-government strategic plan and submit them to the Minister for approval.\n- (i) at least once every 5 years; or\n- (ii) at an earlier time, if directed by the Minister; and","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Commission must prepare special report if directed by the Minister","content":"### sec.28 Commission must prepare special report if directed by the Minister\n\nThe commission must prepare a special report on any significant systemic issue affecting people who have mental health or substance misuse issues, if directed by the Minister.\nThe special report—\nmust be given to the Minister; and\nmay contain recommendations about the issue the subject of the report; and\nmay include a recommendation that the report be made public.\n(sec.28-ssec.1) The commission must prepare a special report on any significant systemic issue affecting people who have mental health or substance misuse issues, if directed by the Minister.\n(sec.28-ssec.2) The special report— must be given to the Minister; and may contain recommendations about the issue the subject of the report; and may include a recommendation that the report be made public.\n- (a) must be given to the Minister; and\n- (b) may contain recommendations about the issue the subject of the report; and\n- (c) may include a recommendation that the report be made public.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Commission may prepare ordinary reports","content":"### sec.29 Commission may prepare ordinary reports\n\nThe commission may, at any time, prepare a report on any of the following—\nthe preparation or review of the whole-of-government strategic plan;\nthe implementation of the whole-of-government strategic plan;\na systemic issue relating to the mental health and substance misuse system or affecting people who have mental health or substance misuse issues;\nthe funding of mental health and substance misuse services.\nHowever, before preparing a report under subsection (1) (c) or (d) , the commission must notify the Minister in writing.\nIn preparing a report under subsection (1) (c) or (d) , the commission must consult with the relevant agencies and private sector agencies it considers may be significantly affected by the report.\nIn consulting with an agency under subsection (3) , the commission must consider submissions by the agency.\nA report may contain recommendations about the issue the subject of the report.\n(sec.29-ssec.1) The commission may, at any time, prepare a report on any of the following— the preparation or review of the whole-of-government strategic plan; the implementation of the whole-of-government strategic plan; a systemic issue relating to the mental health and substance misuse system or affecting people who have mental health or substance misuse issues; the funding of mental health and substance misuse services.\n(sec.29-ssec.2) However, before preparing a report under subsection (1) (c) or (d) , the commission must notify the Minister in writing.\n(sec.29-ssec.3) In preparing a report under subsection (1) (c) or (d) , the commission must consult with the relevant agencies and private sector agencies it considers may be significantly affected by the report.\n(sec.29-ssec.4) In consulting with an agency under subsection (3) , the commission must consider submissions by the agency.\n(sec.29-ssec.5) A report may contain recommendations about the issue the subject of the report.\n- (a) the preparation or review of the whole-of-government strategic plan;\n- (b) the implementation of the whole-of-government strategic plan;\n- (c) a systemic issue relating to the mental health and substance misuse system or affecting people who have mental health or substance misuse issues;\n- (d) the funding of mental health and substance misuse services.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Ordinary report must be given to Minister","content":"### sec.30 Ordinary report must be given to Minister\n\nAfter completing an ordinary report, the commission must give it to the Minister.\nThe Minister must table a copy of the report in the Legislative Assembly as soon as practicable after receiving it.\n(sec.30-ssec.1) After completing an ordinary report, the commission must give it to the Minister.\n(sec.30-ssec.2) The Minister must table a copy of the report in the Legislative Assembly as soon as practicable after receiving it.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"When commission must give copy of ordinary report to agency","content":"### sec.31 When commission must give copy of ordinary report to agency\n\nIf an ordinary report contains recommendations that relate to a particular relevant agency, the commission must give a copy of the report to the agency as soon as practicable after giving it to the Minister.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Agency must respond to commission’s recommendation","content":"### sec.32 Agency must respond to commission’s recommendation\n\nThis section applies if the commission makes a recommendation in an ordinary report that relates to a relevant agency.\nThe agency must respond to the commission in writing within a reasonable period—\ndetailing the steps it has taken, or plans to take, in relation to the recommendation; or\nadvising that it has decided not to take any action in relation to the recommendation.\nIf subsection (2) (b) applies, the agency must provide the commission with the reasons for its decision.\n(sec.32-ssec.1) This section applies if the commission makes a recommendation in an ordinary report that relates to a relevant agency.\n(sec.32-ssec.2) The agency must respond to the commission in writing within a reasonable period— detailing the steps it has taken, or plans to take, in relation to the recommendation; or advising that it has decided not to take any action in relation to the recommendation.\n(sec.32-ssec.3) If subsection (2) (b) applies, the agency must provide the commission with the reasons for its decision.\n- (a) detailing the steps it has taken, or plans to take, in relation to the recommendation; or\n- (b) advising that it has decided not to take any action in relation to the recommendation.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Details of reports to be included in annual report","content":"### sec.33 Details of reports to be included in annual report\n\nThe commission must include in its annual report details of—\neach recommendation in an ordinary report by the commission during the financial year that relates to a relevant agency; and\naction taken by the agency in response to the recommendation.\n- (a) each recommendation in an ordinary report by the commission during the financial year that relates to a relevant agency; and\n- (b) action taken by the agency in response to the recommendation.","sortOrder":42},{"sectionNumber":"pt.4","sectionType":"part","heading":"Cooperation between commission and public sector and publicly-funded agencies","content":"# Cooperation between commission and public sector and publicly-funded agencies","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Cooperation between commission and relevant agencies","content":"### sec.34 Cooperation between commission and relevant agencies\n\nThe commission and relevant agencies must work cooperatively in the exercise of their respective functions.\nRelevant agencies must—\nhave regard to the whole-of-government strategic plan and the guiding principles in exercising their functions; and\nconsult with the commission on their activities, expenditure and initiatives as required under the whole-of-government strategic plan.\nIt is Parliament’s intention that this section be complied with.\nHowever, the section is directory only and does not create rights or impose legally enforceable obligations on the State, a relevant agency or anyone else.\n(sec.34-ssec.1) The commission and relevant agencies must work cooperatively in the exercise of their respective functions.\n(sec.34-ssec.2) Relevant agencies must— have regard to the whole-of-government strategic plan and the guiding principles in exercising their functions; and consult with the commission on their activities, expenditure and initiatives as required under the whole-of-government strategic plan.\n(sec.34-ssec.3) It is Parliament’s intention that this section be complied with.\n(sec.34-ssec.4) However, the section is directory only and does not create rights or impose legally enforceable obligations on the State, a relevant agency or anyone else.\n- (a) have regard to the whole-of-government strategic plan and the guiding principles in exercising their functions; and\n- (b) consult with the commission on their activities, expenditure and initiatives as required under the whole-of-government strategic plan.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Regard to be had to whole-of-government strategic plan when negotiating service agreements","content":"### sec.35 Regard to be had to whole-of-government strategic plan when negotiating service agreements\n\nThe chief executive under the Hospital and Health Boards Act 2011 must take the whole-of-government strategic plan into account when negotiating service agreements under that Act to the extent the agreements relate to the delivery of mental health and substance misuse services.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Provision of information by public sector unit to commission","content":"### sec.36 Provision of information by public sector unit to commission\n\nSubsection (2) applies if the commission considers a department or other public sector unit has information the commission requires to perform its functions.\nThe commission may request the department or unit to provide the commission with the information within a stated reasonable time.\nThe department or unit must provide the information requested unless—\nits disclosure is prohibited under an Act; or\nit is impracticable to provide the information.\nIf the department or unit decides not to provide the information, the department or unit must advise the commission of its reasons for not providing the information.\nThe commission may enter into arrangements with a department or other public sector unit in relation to the provision by the department or unit of information that is required by the commission.\n(sec.36-ssec.1) Subsection (2) applies if the commission considers a department or other public sector unit has information the commission requires to perform its functions.\n(sec.36-ssec.2) The commission may request the department or unit to provide the commission with the information within a stated reasonable time.\n(sec.36-ssec.3) The department or unit must provide the information requested unless— its disclosure is prohibited under an Act; or it is impracticable to provide the information.\n(sec.36-ssec.4) If the department or unit decides not to provide the information, the department or unit must advise the commission of its reasons for not providing the information.\n(sec.36-ssec.5) The commission may enter into arrangements with a department or other public sector unit in relation to the provision by the department or unit of information that is required by the commission.\n- (a) its disclosure is prohibited under an Act; or\n- (b) it is impracticable to provide the information.","sortOrder":46},{"sectionNumber":"pt.5","sectionType":"part","heading":"Queensland Mental Health and Drug Advisory Council","content":"# Queensland Mental Health and Drug Advisory Council","sortOrder":47},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Establishment and functions","content":"## Establishment and functions","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Establishment of Queensland Mental Health and Drug Advisory Council","content":"### sec.37 Establishment of Queensland Mental Health and Drug Advisory Council\n\nThe Queensland Mental Health and Drug Advisory Council is established.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Functions of council","content":"### sec.38 Functions of council\n\nThe functions of the council are—\nto provide advice to the commission on mental health or substance misuse issues—\non its own initiative; or\nat the request of the commission; and\nto make recommendations to the commission in relation to the commission’s functions.\n- (a) to provide advice to the commission on mental health or substance misuse issues— (i) on its own initiative; or (ii) at the request of the commission; and\n- (i) on its own initiative; or\n- (ii) at the request of the commission; and\n- (b) to make recommendations to the commission in relation to the commission’s functions.\n- (i) on its own initiative; or\n- (ii) at the request of the commission; and","sortOrder":50},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Membership","content":"### sec.39 Membership\n\nThe council consists of the number of persons appointed by the Minister that the Minister considers appropriate.\nIn making an appointment the Minister must ensure—\nthe membership of the council reflects the diversity of the Queensland community; and\nthat members have appropriate skills, knowledge or experience, for example, skills, knowledge or experience of mental health and substance misuse issues in relation to the following—\nservice users and their families, carers, and support persons;\nservice providers;\npeople living in remote and regional communities;\nmembers of culturally and linguistically diverse communities;\nAboriginal and Torres Strait Islander persons.\nMembers are to—\nhold office for the term, not longer than 3 years, stated in the member’s instrument of appointment; and\nbe paid the fees and allowances decided by the Governor in Council.\n(sec.39-ssec.1) The council consists of the number of persons appointed by the Minister that the Minister considers appropriate.\n(sec.39-ssec.2) In making an appointment the Minister must ensure— the membership of the council reflects the diversity of the Queensland community; and that members have appropriate skills, knowledge or experience, for example, skills, knowledge or experience of mental health and substance misuse issues in relation to the following— service users and their families, carers, and support persons; service providers; people living in remote and regional communities; members of culturally and linguistically diverse communities; Aboriginal and Torres Strait Islander persons.\n(sec.39-ssec.3) Members are to— hold office for the term, not longer than 3 years, stated in the member’s instrument of appointment; and be paid the fees and allowances decided by the Governor in Council.\n- (a) the membership of the council reflects the diversity of the Queensland community; and\n- (b) that members have appropriate skills, knowledge or experience, for example, skills, knowledge or experience of mental health and substance misuse issues in relation to the following— (i) service users and their families, carers, and support persons; (ii) service providers; (iii) people living in remote and regional communities; (iv) members of culturally and linguistically diverse communities; (v) Aboriginal and Torres Strait Islander persons.\n- (i) service users and their families, carers, and support persons;\n- (ii) service providers;\n- (iii) people living in remote and regional communities;\n- (iv) members of culturally and linguistically diverse communities;\n- (v) Aboriginal and Torres Strait Islander persons.\n- (i) service users and their families, carers, and support persons;\n- (ii) service providers;\n- (iii) people living in remote and regional communities;\n- (iv) members of culturally and linguistically diverse communities;\n- (v) Aboriginal and Torres Strait Islander persons.\n- (a) hold office for the term, not longer than 3 years, stated in the member’s instrument of appointment; and\n- (b) be paid the fees and allowances decided by the Governor in Council.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Chair and deputy chair of council","content":"### sec.40 Chair and deputy chair of council\n\nThe Minister may appoint—\na member of the council to be chair of the council; and\nanother member to be deputy chair of the council.\nA member may be appointed as the chair or deputy chair at the same time as the person is appointed as a member.\nA vacancy arises in the office of chair or deputy chair if the person holding the office—\nresigns office by signed notice of resignation given to the Minister; or\nceases to be a member; or\nis suspended by the Minister under section 41 (3) .\nA person resigning the office of chair or deputy chair may continue to be a member.\nThe deputy chair is to act as chair—\nduring a vacancy in the office of the chair; and\nduring all periods when the chair is absent from duty or for another reason can not perform the duties of the office.\ns 40 amd 2013 No. 57 s 23\n(sec.40-ssec.1) The Minister may appoint— a member of the council to be chair of the council; and another member to be deputy chair of the council.\n(sec.40-ssec.2) A member may be appointed as the chair or deputy chair at the same time as the person is appointed as a member.\n(sec.40-ssec.3) A vacancy arises in the office of chair or deputy chair if the person holding the office— resigns office by signed notice of resignation given to the Minister; or ceases to be a member; or is suspended by the Minister under section 41 (3) .\n(sec.40-ssec.4) A person resigning the office of chair or deputy chair may continue to be a member.\n(sec.40-ssec.5) The deputy chair is to act as chair— during a vacancy in the office of the chair; and during all periods when the chair is absent from duty or for another reason can not perform the duties of the office.\n- (a) a member of the council to be chair of the council; and\n- (b) another member to be deputy chair of the council.\n- (a) resigns office by signed notice of resignation given to the Minister; or\n- (b) ceases to be a member; or\n- (c) is suspended by the Minister under section 41 (3) .\n- (a) during a vacancy in the office of the chair; and\n- (b) during all periods when the chair is absent from duty or for another reason can not perform the duties of the office.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Vacancy in office of member","content":"### sec.41 Vacancy in office of member\n\nThe office of a member of the council becomes vacant if the member—\ncompletes a term of office; or\nresigns office by signed notice to the Minister giving at least 1 month’s notice; or\nis removed from office by the Minister under subsection (2) ; or\nis suspended by the Minister under subsection (3) .\nThe Minister may remove a member from office if the Minister is satisfied the member—\nhas been guilty of misconduct; or\nis incapable of performing the member’s duties; or\nhas neglected his or her duties or performed them incompetently; or\nhas been absent without permission of the chair from 3 consecutive meetings of which due notice was given.\nThe Minister may suspend a member for up to 60 days by signed notice to the member if—\nthere is an allegation of misconduct against the member; or\nthe Minister is satisfied a matter has arisen in relation to the member that may be grounds for removal under this section.\ns 41 amd 2013 No. 57 s 23\n(sec.41-ssec.1) The office of a member of the council becomes vacant if the member— completes a term of office; or resigns office by signed notice to the Minister giving at least 1 month’s notice; or is removed from office by the Minister under subsection (2) ; or is suspended by the Minister under subsection (3) .\n(sec.41-ssec.2) The Minister may remove a member from office if the Minister is satisfied the member— has been guilty of misconduct; or is incapable of performing the member’s duties; or has neglected his or her duties or performed them incompetently; or has been absent without permission of the chair from 3 consecutive meetings of which due notice was given.\n(sec.41-ssec.3) The Minister may suspend a member for up to 60 days by signed notice to the member if— there is an allegation of misconduct against the member; or the Minister is satisfied a matter has arisen in relation to the member that may be grounds for removal under this section.\n- (a) completes a term of office; or\n- (b) resigns office by signed notice to the Minister giving at least 1 month’s notice; or\n- (c) is removed from office by the Minister under subsection (2) ; or\n- (d) is suspended by the Minister under subsection (3) .\n- (a) has been guilty of misconduct; or\n- (b) is incapable of performing the member’s duties; or\n- (c) has neglected his or her duties or performed them incompetently; or\n- (d) has been absent without permission of the chair from 3 consecutive meetings of which due notice was given.\n- (a) there is an allegation of misconduct against the member; or\n- (b) the Minister is satisfied a matter has arisen in relation to the member that may be grounds for removal under this section.","sortOrder":54},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Conduct of business by council","content":"## Conduct of business by council","sortOrder":55},{"sectionNumber":"sec.42","sectionType":"section","heading":"Conduct of business by council","content":"### sec.42 Conduct of business by council\n\nThe council may conduct its business, including its meetings, in the way the chair of the council considers appropriate.\nHowever, the chair must consult with the commissioner before deciding the way the council is to conduct its meetings.\nThe Minister may direct the council about the conduct of its business, including its meetings.\nThe commissioner is to attend all meetings of the council, unless excused by the chair.\ns 42 amd 2013 No. 57 s 23\n(sec.42-ssec.1) The council may conduct its business, including its meetings, in the way the chair of the council considers appropriate.\n(sec.42-ssec.2) However, the chair must consult with the commissioner before deciding the way the council is to conduct its meetings.\n(sec.42-ssec.3) The Minister may direct the council about the conduct of its business, including its meetings.\n(sec.42-ssec.4) The commissioner is to attend all meetings of the council, unless excused by the chair.","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Quorum","content":"### sec.43 Quorum\n\nA quorum for a meeting of the council is one-half the number of its members, or if one-half is not a whole number, the next highest whole number.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Presiding at meetings","content":"### sec.44 Presiding at meetings\n\nThe chair is to preside at all meetings of the council at which the chair is present.\nIf the chair is not present at a meeting, the deputy chair is to preside.\nIf neither the chair nor deputy chair is present at a meeting, a member of the council chosen by the members is to preside.\ns 44 amd 2013 No. 57 s 23\n(sec.44-ssec.1) The chair is to preside at all meetings of the council at which the chair is present.\n(sec.44-ssec.2) If the chair is not present at a meeting, the deputy chair is to preside.\n(sec.44-ssec.3) If neither the chair nor deputy chair is present at a meeting, a member of the council chosen by the members is to preside.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Conduct of meetings","content":"### sec.45 Conduct of meetings\n\nA question at a meeting of the council is decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA member present at the meeting who abstains from voting is taken to have voted for the negative.\nThe council may hold meetings, or permit members to take part in meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member who takes part in a meeting of the council under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the council, even if it is not passed at a meeting of the council, if—\na majority of the council members gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the council.\n(sec.45-ssec.1) A question at a meeting of the council is decided by a majority of the votes of the members present.\n(sec.45-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.45-ssec.3) A member present at the meeting who abstains from voting is taken to have voted for the negative.\n(sec.45-ssec.4) The council may hold meetings, or permit members to take part in meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.45-ssec.5) A member who takes part in a meeting of the council under subsection (4) is taken to be present at the meeting.\n(sec.45-ssec.6) A resolution is validly made by the council, even if it is not passed at a meeting of the council, if— a majority of the council members gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the council.\n- (a) a majority of the council members gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the council.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Minutes","content":"### sec.46 Minutes\n\nThe council must keep—\nminutes of its meetings; and\na record of any resolutions made under section 45 (6) .\nSubsection (3) applies if a resolution is passed at a meeting of the council by a majority of the members present.\nIf asked by a member who voted against the passing of the resolution, the council must record in the minutes of the meeting that the member voted against the resolution.\n(sec.46-ssec.1) The council must keep— minutes of its meetings; and a record of any resolutions made under section 45 (6) .\n(sec.46-ssec.2) Subsection (3) applies if a resolution is passed at a meeting of the council by a majority of the members present.\n(sec.46-ssec.3) If asked by a member who voted against the passing of the resolution, the council must record in the minutes of the meeting that the member voted against the resolution.\n- (a) minutes of its meetings; and\n- (b) a record of any resolutions made under section 45 (6) .","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Committees","content":"### sec.47 Committees\n\nThe council may establish committees of the council for effectively and efficiently performing its functions.\nThe term of a committee is decided by the council.\nA committee may include a person who is not a member of the council.\nThe council is to decide the terms of reference of a committee in consultation with the commissioner.\nThe function of a committee is to consider and advise on matters referred to the committee by the council.\n(sec.47-ssec.1) The council may establish committees of the council for effectively and efficiently performing its functions.\n(sec.47-ssec.2) The term of a committee is decided by the council.\n(sec.47-ssec.3) A committee may include a person who is not a member of the council.\n(sec.47-ssec.4) The council is to decide the terms of reference of a committee in consultation with the commissioner.\n(sec.47-ssec.5) The function of a committee is to consider and advise on matters referred to the committee by the council.","sortOrder":61},{"sectionNumber":"pt.6","sectionType":"part","heading":"Cooperation between commission and council","content":"# Cooperation between commission and council","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Commission must support council","content":"### sec.48 Commission must support council\n\nThe commission must support the council in performing its functions by providing information to the council about the performance by the commission of its functions—\nat regular intervals; or\nwhen requested by the council.\n- (a) at regular intervals; or\n- (b) when requested by the council.","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Consultation on reports and whole-of-government strategic plan","content":"### sec.49 Consultation on reports and whole-of-government strategic plan\n\nThe commission must consult with the council on the following before they are given to the Minister—\nany special or ordinary reports;\nthe whole-of-government strategic plan.\n- (a) any special or ordinary reports;\n- (b) the whole-of-government strategic plan.","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Commission must respond to council’s recommendation","content":"### sec.50 Commission must respond to council’s recommendation\n\nThis section applies if the council makes a recommendation about matters relating to a function of the commission.\nThe commission must respond to the council in writing within a reasonable period—\ndetailing the steps it has taken, or plans to take, in relation to the recommendation; or\nadvising that it has decided not to take any action in relation to the recommendation.\nIf subsection (2) (b) applies, the commission must provide the council with the reasons for its decision.\n(sec.50-ssec.1) This section applies if the council makes a recommendation about matters relating to a function of the commission.\n(sec.50-ssec.2) The commission must respond to the council in writing within a reasonable period— detailing the steps it has taken, or plans to take, in relation to the recommendation; or advising that it has decided not to take any action in relation to the recommendation.\n(sec.50-ssec.3) If subsection (2) (b) applies, the commission must provide the council with the reasons for its decision.\n- (a) detailing the steps it has taken, or plans to take, in relation to the recommendation; or\n- (b) advising that it has decided not to take any action in relation to the recommendation.","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Details of recommendations to be included in annual report","content":"### sec.51 Details of recommendations to be included in annual report\n\nThe commission must include in its annual report details of—\neach recommendation by the council to the commission during the financial year; and\naction taken by the commission in response to the recommendation; and\nany statement about the conduct of the council’s business provided to the commission by the council for inclusion in the commission’s annual report.\n- (a) each recommendation by the council to the commission during the financial year; and\n- (b) action taken by the commission in response to the recommendation; and\n- (c) any statement about the conduct of the council’s business provided to the commission by the council for inclusion in the commission’s annual report.","sortOrder":66},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Delegations","content":"### sec.52 Delegations\n\nThe commissioner may delegate his or her functions under this Act to an appropriately qualified staff member of the commission.\nIn this section—\nappropriately qualified includes having qualifications, experience or standing appropriate for the function.\nfunctions includes powers.\n(sec.52-ssec.1) The commissioner may delegate his or her functions under this Act to an appropriately qualified staff member of the commission.\n(sec.52-ssec.2) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. functions includes powers.","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.53 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means any of the following when performing a function or exercising a power under this Act—\nthe Minister;\nthe commissioner;\na staff member of the commission;\na member of the council;\na member of a committee of the council.\n(sec.53-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.53-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.53-ssec.3) In this section— official means any of the following when performing a function or exercising a power under this Act— the Minister; the commissioner; a staff member of the commission; a member of the council; a member of a committee of the council.\n- (a) the Minister;\n- (b) the commissioner;\n- (c) a staff member of the commission;\n- (d) a member of the council;\n- (e) a member of a committee of the council.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"Commission’s guidelines","content":"### sec.54 Commission’s guidelines\n\nThe commission may make guidelines (each a commission guideline ), consistent with this Act, to provide guidance to persons about matters relating to the operation of the Act or the commission.\nA commission guideline may be amended or replaced by a later guideline made under this section.\nThe commission must—\ngive a copy of a commission guideline to a person on request; and\nkeep a copy of each guideline on the commission’s website.\n(sec.54-ssec.1) The commission may make guidelines (each a commission guideline ), consistent with this Act, to provide guidance to persons about matters relating to the operation of the Act or the commission.\n(sec.54-ssec.2) A commission guideline may be amended or replaced by a later guideline made under this section.\n(sec.54-ssec.3) The commission must— give a copy of a commission guideline to a person on request; and keep a copy of each guideline on the commission’s website.\n- (a) give a copy of a commission guideline to a person on request; and\n- (b) keep a copy of each guideline on the commission’s website.","sortOrder":70},{"sectionNumber":"sec.55","sectionType":"section","heading":"Review of commission","content":"### sec.55 Review of commission\n\nThe Minister must arrange an independent review of the performance by the commission of its functions within 3 years after the commencement of this section.","sortOrder":71},{"sectionNumber":"sec.56","sectionType":"section","heading":"Review of Act","content":"### sec.56 Review of Act\n\nThe Minister must review the effectiveness of this Act as soon as practicable after the end of 3 years after the commencement of this section.\nAs soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.\n(sec.56-ssec.1) The Minister must review the effectiveness of this Act as soon as practicable after the end of 3 years after the commencement of this section.\n(sec.56-ssec.2) As soon as practicable after finishing the review, the Minister must table a report about its outcome in the Legislative Assembly.","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":"Regulation-making power","content":"### sec.57 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":73}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears consistent with its stated object of establishing the Queensland Mental Health Commission as a reform and oversight body. The scope — covering mental health and substance misuse, strategic planning, monitoring, reporting and advisory functions — aligns with what would be expected from the legislation's title and purpose. There is no evidence of significant scope creep or narrowing from the original intent."},"complexity_factors":["Multiple interlocking bodies (Commission, Commissioner, Advisory Council) with distinct but overlapping roles","Cross-references to numerous other Queensland Acts (Crime and Corruption Act, Financial Accountability Act, Hospital and Health Boards Act, Public Sector Act, Statutory Bodies Financial Arrangements Act, Acts Interpretation Act)","Distinction between legally enforceable obligations and directory-only provisions (section 34) requires careful reading","Broad, aspirational language throughout makes precise scope difficult to pin down","Complex governance arrangements including appointment, suspension, removal and acting provisions for both Commissioner and Council members","Spans multiple subject matter areas (health, housing, employment, justice, policing) creating interpretive complexity"],"plain_english_summary":"## What This Law Does\n\nThis Act creates the **Queensland Mental Health Commission** — a government body dedicated to improving how Queensland deals with mental illness and drug/alcohol misuse (called \"substance misuse\" in the law).\n\n## Who It Affects\n\n- **People with mental illness or substance misuse issues** — directly, as the Commission exists to improve services for them\n- **Their families, carers and support people** — recognised as integral to recovery\n- **Aboriginal and Torres Strait Islander people** — given specific cultural recognition\n- **All Queensland government agencies** — required to cooperate with the Commission\n- **Everyone in Queensland** — through prevention, awareness and community wellbeing programs\n\n## What the Commission Actually Does\n\n1. **Creates a whole-of-government plan** — a big-picture strategy that coordinates all relevant government agencies (health, housing, employment, education, justice, policing) around mental health and substance misuse\n2. **Monitors and reports** — tracks how well the system is working and reports to the Minister (the relevant government minister)\n3. **Conducts research** — investigates issues and commissions studies\n4. **Promotes prevention and early help** — focuses on stopping problems before they become serious\n5. **Reduces stigma** — works to improve community understanding and reduce discrimination\n\n## The Commissioner\n\nA **Mental Health Commissioner** leads the Commission. They are:\n- Appointed by the Governor in Council (the formal Queensland government executive) on the Minister's recommendation\n- Appointed for up to 5 years at a time\n- Subject to the Minister's directions (but those directions must be publicly reported)\n\n## The Advisory Council\n\nA **Queensland Mental Health and Drug Advisory Council** also exists to provide independent advice to the Commission. Its members are appointed by the Minister and must reflect the diversity of Queensland — including people with lived experience of mental health or substance misuse issues, carers, service providers, regional communities and Indigenous communities.\n\n## Important Limitations\n\n- The Commission **cannot force agencies** to do anything — the cooperation requirements are \"directory only\" (meaning Parliament intends them to be followed, but they aren't legally enforceable)\n- The Commission **focuses on systemic issues** (big-picture problems in the system), not individual complaints\n- Officials acting honestly under this law **cannot be personally sued** — the State bears any resulting liability\n\n## Why It Matters\n\nIf you or someone you love has mental health or substance misuse issues, this law means there is a dedicated body whose job is to look at whether the system is actually working, push for improvements, and make sure different government departments are working together rather than in silos. It doesn't give individuals direct rights to services, but it drives reform at the system level."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.21(1)(f)","severity":"high","reasoning":"Section 21(1) states that the office of commissioner becomes vacant if the commissioner 'is suspended by the Minister under subsection (4)'. However, suspension is by definition a temporary measure — a suspended commissioner has not vacated the office, they have merely been stood aside. If suspension automatically creates a vacancy, the suspension power becomes meaningless (you would simply remove the commissioner instead), and the 60-day suspension period serves no purpose. This conflates two legally distinct concepts: suspension (temporary removal from duties) and vacation of office (permanent termination of tenure). The same structural error appears in sec.40(3)(c) for council chair/deputy chair.","confidence":0.88,"description":"Suspension listed as a ground for vacancy in office"},{"type":"self_contradicting","section":"sec.34(3)-(4)","severity":"high","reasoning":"Section 34(3) states 'It is Parliament's intention that this section be complied with.' Section 34(4) immediately provides that 'the section is directory only and does not create rights or impose legally enforceable obligations on the State, a relevant agency or anyone else.' This is logically absurd: Parliament expresses a positive intention of compliance while simultaneously stripping the provision of any legal mechanism to achieve that compliance. The mandatory language in sec.34(1)-(2) ('must work cooperatively', 'must have regard to') is rendered entirely toothless. The declaration of parliamentary intention in subsec.(3) is therefore surplusage at best and misleading at worst.","confidence":0.95,"description":"Parliament declares an intention that a provision be complied with, then immediately makes it legally unenforceable"},{"type":"other","section":"sec.3(1)-(2)","severity":"low","reasoning":"Section 3(1) declares the Act binds the State. Section 3(2) provides that nothing in the Act makes the State liable to be prosecuted for an offence. Since this Act creates no offences (it is an establishment and governance Act), the immunity clause in sec.3(2) is effectively redundant and raises the question of what purpose it serves. While this is standard Queensland drafting practice, the pairing is logically odd in context — if there are no offences in the Act for anyone to be prosecuted for, the carve-out for the State is superfluous.","confidence":0.55,"description":"Act binds the State but immunises the State from prosecution"},{"type":"other","section":"sec.11(1)(g)(ii)","severity":"low","reasoning":"Throughout the Act, the consistent terminology adopted is 'substance misuse' (see the Act's title, sec.4, sec.5, sec.7, sec.11(1)(g)(i), etc.). However, sec.11(1)(g)(ii) refers to 'early intervention for mental illness and substance abuse'. This is the only instance of 'substance abuse' in the Act. Given that the distinction between 'misuse' and 'abuse' may carry clinical and legal significance — 'misuse' being the deliberately chosen, less stigmatising term — this inconsistency undermines the Act's internal coherence and may create interpretive uncertainty about whether the function described in sec.11(1)(g)(ii) has a different or narrower scope.","confidence":0.82,"description":"Inconsistent terminology: 'substance abuse' used instead of 'substance misuse'"},{"type":"other","section":"sec.13(1)-(2)","severity":"medium","reasoning":"The Act establishes the commission as an independent statutory body (sec.8-9) with its own commissioner appointed by the Governor in Council (sec.15). The stated object is to 'drive ongoing reform' and 'review, evaluate, report and advise' on systemic issues — functions that implicitly require independence. However, sec.13 makes the commissioner fully subject to Ministerial directions, with a mandatory obligation to comply. The commission's watchdog and advisory functions over government agencies are thus structurally compromised: the very body meant to hold government accountable can be directed by a Minister of that government on how to perform its functions. The transparency mechanism in sec.13(3) (annual report of directions) mitigates but does not resolve this structural tension.","confidence":0.75,"description":"Commissioner subject to Ministerial direction despite independence rationale for the commission"},{"type":"impossible_compliance","section":"sec.25(1)","severity":"low","reasoning":"Section 25(1) requires the commission to prepare a whole-of-government strategic plan 'as soon as practicable after the commencement of this Act'. The commission is constituted by the commissioner and staff (sec.14). The commissioner must be appointed by the Governor in Council on Ministerial recommendation (sec.15). There is no timeframe for the commissioner's appointment. Until the commissioner is appointed and staff engaged, the commission cannot practically prepare the plan. The 'as soon as practicable' qualifier mitigates this but the structural sequencing creates an inherent delay that the Act does not acknowledge.","confidence":0.6,"description":"Commission must prepare a plan before it has the institutional capacity to do so"},{"type":"other","section":"sec.43","severity":"low","reasoning":"Section 43 provides that quorum is 'one-half the number of its members, or if one-half is not a whole number, the next highest whole number.' Section 39(1) provides that the council consists of 'the number of persons appointed by the Minister that the Minister considers appropriate' — i.e., no minimum or maximum is specified. If the Minister appoints an odd number (e.g., 5 members), quorum would be 3 (the next whole number above 2.5). If the Minister appoints 1 member (technically permissible on the face of sec.39(1)), quorum would be 1, which while functional is absurd for a deliberative body. The Act provides no floor on membership.","confidence":0.65,"description":"Quorum rule is unworkable if the council has an odd number of members"}],"contradictions":[{"severity":"high","section_a":"sec.34(1)-(2)","section_b":"sec.34(4)","confidence":0.95,"description":"Mandatory obligations imposed in subsections (1)-(2) are negated by subsection (4)"},{"severity":"high","section_a":"sec.21(1)(f)","section_b":"sec.21(4)","confidence":0.87,"description":"Section 21(4) authorises suspension of the commissioner for up to 60 days as a temporary measure, while sec.21(1)(f) treats that same suspension as creating a vacancy in the office — conflating a temporary administrative action with a permanent termination of tenure"},{"severity":"medium","section_a":"sec.13(1)-(2)","section_b":"sec.11(1)(d)","confidence":0.78,"description":"Section 11(1)(d) requires the commission to independently 'review, evaluate, report and advise on' the mental health and substance misuse system (including government performance), while sec.13 makes the commissioner fully subject to Ministerial directions in performing these very functions, creating a structural contradiction between independence of oversight and Ministerial control"},{"severity":"low","section_a":"sec.11(1)(g)(i)","section_b":"sec.11(1)(g)(ii)","confidence":0.82,"description":"Section 11(1)(g)(i) uses 'substance misuse' while sec.11(1)(g)(ii) uses 'substance abuse' within the same subsection and the same listed function, creating terminological inconsistency that may produce different interpretive scope for the two limbs of the same provision"},{"severity":"low","section_a":"sec.9(1)-(2)","section_b":"sec.53(2)","confidence":0.55,"description":"Section 9 grants the commission the 'status, privileges and immunities of the State', which would ordinarily include prosecutorial immunity. Section 53(2) separately provides that civil liability of officials (including the commissioner) shifts to 'the State' when the immunity in sec.53(1) applies. It is unclear whether 'the State' in sec.53(2) includes the commission itself (given sec.9) or is separate from it, creating potential ambiguity about where civil liability ultimately rests"},{"severity":"medium","section_a":"sec.42(1)","section_b":"sec.42(3)","confidence":0.72,"description":"Section 42(1) provides that the council may conduct its business 'in the way the chair of the council considers appropriate', conferring discretion on the chair. Section 42(3) provides that 'the Minister may direct the council about the conduct of its business, including its meetings', conferring overriding power on the Minister. The Minister's direction power is unlimited and can override any decision the chair makes about the conduct of business, rendering the chair's discretion in sec.42(1) illusory"},{"severity":"medium","section_a":"sec.40(3)(c)","section_b":"sec.41(3)","confidence":0.85,"description":"Section 40(3)(c) provides that a vacancy arises in the office of chair or deputy chair if the person 'is suspended by the Minister under section 41(3)'. Section 41(3) authorises suspension of a member (not specifically a chair) for up to 60 days as a temporary measure. Treating a temporary suspension as creating a permanent vacancy in the chair role is logically contradictory — the same issue identified in sec.21(1)(f) for the commissioner"}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as expressed in section 4 — establishing a commission to drive reform towards an integrated mental health and substance misuse system. The scope remains focused on systemic coordination, strategic planning, and advisory functions without significant mission creep into direct service delivery or clinical regulation."},"complexity_factors":["Straightforward institutional structure with clear separation between the Commission, Commissioner, and Advisory Council","Multiple cross-references to other Queensland legislation (Crime and Corruption Act 2001, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Hospital and Health Boards Act 2011, Public Sector Act 2022) but these are standard administrative hooks rather than complex conditional logic","Extensive use of defined terms in the Dictionary (schedule), though the provided text doesn't show the full schedule","Nested subsections in Part 1 (Object and guiding principles) with multiple levels of bullet points (a), (i), (A) etc., creating visual complexity but not logical complexity","Standard governance provisions for appointments, vacancies, and removals that follow typical Queensland statutory body templates","No significant conditional exceptions or 'exceptions to exceptions' — the duty to cooperate in section 34 is explicitly stated as 'directory only' and not legally enforceable, which is a straightforward limitation rather than a complex condition","Length is moderate — approximately 57 sections covering establishment, functions, strategic planning, cooperation mechanisms, and advisory council governance"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Queensland Mental Health Commission** — a government body tasked with improving how Queensland handles mental health and substance misuse (drug and alcohol issues). Think of it as the state's 'chief coordinator' for mental health reform.\n\n**Key things the Commission does:**\n\n*   **Strategic planning:** Develops a 'whole-of-government strategic plan' that coordinates different government departments (health, housing, justice, education, etc.) to work together rather than in silos.\n*   **Monitoring and reporting:** Keeps an eye on how well the mental health system is working and reports to the Minister on progress.\n*   **Research and innovation:** Promotes sharing knowledge, funds research, and pushes for 'evidence-based' approaches (treatments that actually work based on research).\n*   **Community focus:** Supports prevention, early intervention, reducing stigma, and helping people with mental illness or substance issues live meaningful lives in the community.\n\n**Who it affects:**\n\n*   **People with mental illness or substance misuse issues** — and their families, carers, and support networks.\n*   **Government agencies** — must cooperate with the Commission and consider its strategic plan.\n*   **Service providers** — hospitals, health boards, and community organisations that deliver mental health and drug services.\n*   **The broader Queensland community** — through public awareness and prevention strategies.\n\n**Special protections and principles:**\n\nThe Act embeds important values that must guide all decisions:\n*   Respect and dignity for people with mental illness.\n*   **Cultural safety** — Aboriginal and Torres Strait Islander people must receive culturally appropriate care.\n*   **Carer recognition** — families and support people are seen as integral to recovery.\n*   **Privacy rights** — people with mental illness have the same privacy rights as everyone else.\n\n**The Advisory Council:**\n\nThe Act also establishes a **Queensland Mental Health and Drug Advisory Council** — a group of diverse community representatives (including people with lived experience, service providers, and Indigenous representatives) who advise the Commission.\n\n**Why it matters:**\n\nBefore this Act, mental health and substance misuse services were often fragmented across different departments. This law creates a central body with the authority to drive reform, demand coordination, and hold agencies accountable — while ensuring the voices of affected people and their carers are central to the system."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-mental-health-commission-act-2013","history":"/api/acts/queensland-mental-health-commission-act-2013/history","analysis":"/api/acts/queensland-mental-health-commission-act-2013/analysis","conflicts":"/api/acts/queensland-mental-health-commission-act-2013/conflicts","importantCases":"/api/acts/queensland-mental-health-commission-act-2013/important-cases","documents":"/api/acts/queensland-mental-health-commission-act-2013/documents"}}