sec.716Particular proceedings

sec.716 Particular proceedings

This section applies to— a proceeding for a review under chapter 12 ; or a proceeding for hearing an application under— chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or chapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or chapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or an appeal under chapter 13 , part 2 . The tribunal must be constituted by at least 3, but not more than 5, members of whom— at least 1 must be a lawyer; and at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and at least 1 person who is not a lawyer or doctor. However, for a proceeding for a review of a treatment authority for a person or for hearing an application for approval to perform electroconvulsive therapy on a person, the tribunal may be constituted by fewer than 3 members if the president is satisfied— it is appropriate, expedient and in the person’s best interests to do so; and for hearing an application for approval to perform electroconvulsive therapy on a person—electroconvulsive therapy has been performed on the person under section 237 or approval to perform electroconvulsive therapy on the person is required urgently. (sec.716-ssec.1) This section applies to— a proceeding for a review under chapter 12 ; or a proceeding for hearing an application under— chapter 12 , part 9 , division 1 for approval to perform electroconvulsive therapy on a person; or chapter 12 , part 10 , division 1 for approval of the transfer into Queensland of a person subject to an interstate forensic order; or chapter 12 , part 10 , division 2 for approval of the transfer out of Queensland of a person subject to a forensic order (mental health), forensic order (disability) or treatment support order; or an appeal under chapter 13 , part 2 . (sec.716-ssec.2) The tribunal must be constituted by at least 3, but not more than 5, members of whom— at least 1 must be a lawyer; and at least 1 must be a psychiatrist or, if a psychiatrist is not readily available but another doctor is available, another doctor; and at least 1 person who is not a lawyer or doctor. (sec.716-ssec.3) However, for a proceeding for a review of a treatment authority for a person or for hearing an application for approval to perform electroconvulsive therapy on a person, the tribunal may be constituted by fewer than 3 members if the president is satisfied— it is appropriate, expedient and in the person’s best interests to do so; and for hearing an application for approval to perform electroconvulsive therapy on a person—electroconvulsive therapy has been performed on the person under section 237 or approval to perform electroconvulsive therapy on the person is required urgently.