Mental Health Act 2016
sec.322Duration of information notice
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sec.322 Duration of information notice
An information notice relating to a relevant patient ceases to have effect on the earliest of the following days— if the relevant patient’s forensic order or treatment support order ends and the patient is not subject to any other forensic order or treatment support order—the relevant day for the forensic order or treatment support order that has ended; if the relevant patient has been transferred under chapter 12 , part 10 , division 2 to an interstate mental health service or another country—the day the patient leaves Queensland; if the person entitled to receive information under the notice notifies the chief psychiatrist the person no longer wishes to receive the information—the day the person gives the notice; if the chief psychiatrist revokes the information notice under section 323 —the day the notice is revoked. Within 7 days after an information notice ceases to have effect under subsection (1) (a) , (b) or (c) , the chief psychiatrist must give the person who was entitled to receive information under the notice a written notice stating— the information notice has ceased to have effect; and the reason the information notice ceased to have effect; and if the information notice ceased to have effect under subsection (1) (a) or (b) —the person is not entitled to appeal the ceasing of effect of the information notice. Despite subsection (1) (b) , if the relevant patient returns to Queensland before the patient’s forensic order or treatment support order ends under section 528 — the information notice is reinstated on the day the relevant patient returns to Queensland; and within 7 days after the chief psychiatrist becomes aware the relevant patient has returned to Queensland, the chief psychiatrist must give notice of the reinstatement of the information notice to the person entitled to receive information under the notice. s 322 amd 2017 No. 3 s 25 sub 2022 No. 1 s 69 (sec.322-ssec.1) An information notice relating to a relevant patient ceases to have effect on the earliest of the following days— if the relevant patient’s forensic order or treatment support order ends and the patient is not subject to any other forensic order or treatment support order—the relevant day for the forensic order or treatment support order that has ended; if the relevant patient has been transferred under chapter 12 , part 10 , division 2 to an interstate mental health service or another country—the day the patient leaves Queensland; if the person entitled to receive information under the notice notifies the chief psychiatrist the person no longer wishes to receive the information—the day the person gives the notice; if the chief psychiatrist revokes the information notice under section 323 —the day the notice is revoked. (sec.322-ssec.2) Within 7 days after an information notice ceases to have effect under subsection (1) (a) , (b) or (c) , the chief psychiatrist must give the person who was entitled to receive information under the notice a written notice stating— the information notice has ceased to have effect; and the reason the information notice ceased to have effect; and if the information notice ceased to have effect under subsection (1) (a) or (b) —the person is not entitled to appeal the ceasing of effect of the information notice. (sec.322-ssec.3) Despite subsection (1) (b) , if the relevant patient returns to Queensland before the patient’s forensic order or treatment support order ends under section 528 — the information notice is reinstated on the day the relevant patient returns to Queensland; and within 7 days after the chief psychiatrist becomes aware the relevant patient has returned to Queensland, the chief psychiatrist must give notice of the reinstatement of the information notice to the person entitled to receive information under the notice.