Queensland Mental Health Commission Act 2013

The Commissioner

A Mental Health Commissioner leads the Commission. They are:

• Appointed by the Governor in Council (the formal Queensland government executive) on the Minister's recommendation
• Appointed for up to 5 years at a time
• Subject to the Minister's directions (but those directions must be publicly reported)

The Advisory Council

A 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.

Important Limitations

• 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)
• The Commission focuses on systemic issues (big-picture problems in the system), not individual complaints
• Officials acting honestly under this law cannot be personally sued — the State bears any resulting liability

Why It Matters

If 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.