Mental Health Act 2016
sec.518Making of forensic order
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sec.518 Making of forensic order
If the tribunal approves the transfer under section 517 , the tribunal must make a forensic order (mental health) for the patient seeking transfer unless subsection (2) applies. The tribunal must make a forensic order (disability) for the patient seeking transfer if the tribunal considers— the patient seeking transfer has an intellectual disability but does not have a dual disability; or the patient seeking transfer has a dual disability but does not require involuntary treatment and care for the patient’s mental illness. The forensic order (mental health) or forensic order (disability) takes effect when the patient seeking transfer arrives in Queensland. For making a forensic order (mental health) or forensic order (disability) under this division, section 135 and chapter 5 , part 4 , division 2 , subdivision 2 apply as if— a reference in the provisions to the Mental Health Court were a reference to the tribunal; and a reference in the provisions to the person the subject of the reference were a reference to the patient seeking transfer. s 518 amd 2022 No. 1 s 89 (sec.518-ssec.1) If the tribunal approves the transfer under section 517 , the tribunal must make a forensic order (mental health) for the patient seeking transfer unless subsection (2) applies. (sec.518-ssec.2) The tribunal must make a forensic order (disability) for the patient seeking transfer if the tribunal considers— the patient seeking transfer has an intellectual disability but does not have a dual disability; or the patient seeking transfer has a dual disability but does not require involuntary treatment and care for the patient’s mental illness. (sec.518-ssec.3) The forensic order (mental health) or forensic order (disability) takes effect when the patient seeking transfer arrives in Queensland. (sec.518-ssec.4) For making a forensic order (mental health) or forensic order (disability) under this division, section 135 and chapter 5 , part 4 , division 2 , subdivision 2 apply as if— a reference in the provisions to the Mental Health Court were a reference to the tribunal; and a reference in the provisions to the person the subject of the reference were a reference to the patient seeking transfer.
- (a) the patient seeking transfer has an intellectual disability but does not have a dual disability; or
- (b) the patient seeking transfer has a dual disability but does not require involuntary treatment and care for the patient’s mental illness.
- (a) a reference in the provisions to the Mental Health Court were a reference to the tribunal; and
- (b) a reference in the provisions to the person the subject of the reference were a reference to the patient seeking transfer.