Mental Health Act 2000 (Qld)

Mental Health Act 2000

An Act about treating and protecting people who have mental illnesses, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Mental Health Act 2000 .

2   Commencement

(1) Section 590 and schedule 1, part 1, commence on assent.

(2)The remaining provisions of this Act commence on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

Part 2    Purpose and application of Act

4   Purpose of Act

The purpose of this Act is to provide for the involuntary assessment and treatment, and the protection, of persons (whether adults or minors) who have mental illnesses while at the same time—

(a)safeguarding their rights and freedoms; and

(b)balancing their rights and freedoms with the rights and freedoms of other persons.

5   How purpose of Act is to be achieved

The purpose of this Act is to be achieved in the following ways—

(a)providing for the detention, examination, admission, assessment and treatment of persons having, or believed to have, a mental illness;

(b)establishing the Mental Health Review Tribunal to, among other things—

(i)carry out reviews relating to involuntary patients; and

(ii)hear applications to administer or perform particular treatments;

Note—

For the tribunal’s jurisdiction, see chapter 12 (Mental Health Review Tribunal), part 1 (Establishment, jurisdiction and powers).

(c)establishing the Mental Health Court to, among other things, decide the state of mind of persons charged with criminal offences;

Note—

For the Mental Health Court’s jurisdiction, see chapter 11 (Mental Health Court), part 1 (Establishment, constitution, jurisdiction and powers).

(d)providing for the making of arrangements for—

(i)the transfer to other States of involuntary patients; and

(ii)the transfer to Queensland of persons who have mental illnesses;

(e)when making a decision under this Act about a forensic patient, taking into account—

(i)the protection of the community; and

(ii)the needs of a victim of the alleged offence to which the applicable forensic order relates.

6   Application of Act

This Act does not prevent a person who has a mental illness being admitted to, or receiving assessment or treatment at, an authorised mental health service other than as an involuntary patient.

7   Attachment—flowcharts

(1)The attachment to this Act shows the way in which provisions of this Act apply in particular circumstances and how the provisions relate to each other.

(2)The attachment does not form part of this Act.

(3)If the provisions are amended, the attachment must be revised so that it is accurate.

(4)The revision must be made in the first reprint of this Act after the amendments.

Part 3    Principles for administration of Act

8   General principles for administration of Act

(1)The following principles apply to the administration of this Act in relation to a person who has a mental illness—

(a) Same human rights

•the right of all persons to the same basic human rights must be recognised and taken into account

•a person’s right to respect for his or her human worth and dignity as an individual must be recognised and taken into account

(b) Matters to be considered in making decisions

•to the greatest extent practicable, a person is to be encouraged to take part in making decisions affecting the person’s life, especially decisions about treatment

•to the greatest extent practicable, in making a decision about a person, the person’s views and the effect on his or her family or carers are to be taken into account

•a person is presumed to have capacity to make decisions about the person’s assessment, treatment and choosing of an allied person

(c) Provision of support and information

•to the greatest extent practicable, a person is to be provided with necessary support and information to enable the person to exercise rights under this Act, including, for example, facilitating access to independent help to represent the person’s point of view

(d) Achievement of maximum potential and self-reliance

•to the greatest extent practicable, a person is to be helped to achieve maximum physical, social, psychological and emotional potential, quality of life and self-reliance

(e) Acknowledgement of needs

•a person’s age-related, gender-related, religious, cultural, language, communication and other special needs must be taken into account

(f) Maintenance of supportive relationships and community participation

•the importance of a person’s continued participation in community life and maintaining existing supportive relationships are to be taken into account to the greatest extent practicable, including, for example, by treatment in the community in which the person lives

(g) Maintenance of environment and values

•to the greatest extent practicable, a person’s cultural and linguistic environment, and set of values (including religious beliefs) must be maintained

(h) Provision of treatment

•treatment provided under this Act must be administered to a person who has a mental illness only if it is appropriate to promote and maintain the person’s mental health and wellbeing

(i) Confidentiality

•a person’s right to confidentiality of information about the person must be recognised and taken into account.

Note—

See chapter 14 (Enforcement, evidence and legal proceedings), part 5 (Confidentiality).

(2)The principles stated in the Forensic Disability Act, section 7 apply to the administration of this Act in relation to persons with an intellectual disability as if—

(a)a reference in that section to the Forensic Disability Act were a reference to this Act; and

(b)a reference in that section to care and support were a reference to care.

9   Principles for exercising powers and performing functions

A power or function under this Act relating to a person who has a mental illness or intellectual disability must be exercised or performed so that—

(a)the person’s liberty and rights are adversely affected only if there is no less restrictive way to protect the person’s health and safety or to protect others; and

(b)any adverse effect on the person’s liberty and rights is the minimum necessary in the circumstances.

Part 4    Interpretation

Division 1 Dictionary and notes in text

10   Definitions

The dictionary in the schedule defines particular words used in this Act.

11   Notes in text

A note in the text of this Act is part of the Act.

Division 2 Key definitions

12   What is mental illness

(1) Mental illness is a condition characterised by a clinically significant disturbance of thought, mood, perception or memory.

(2)However, a person must not be considered to have a mental illness merely because of any 1 or more of the following—

(a)the person holds or refuses to hold a particular religious, cultural, philosophical or political belief or opinion;

(b)the person is a member of a particular racial group;

(c)the person has a particular economic or social status;

(d)the person has a particular sexual preference or sexual orientation;

(e)the person engages in sexual promiscuity;

(f)the person engages in immoral or indecent conduct;

(g)the person takes drugs or alcohol;

(h)the person has an intellectual disability;

(i)the person engages in antisocial behaviour or illegal behaviour;

(j)the person is or has been involved in family conflict;

(k)the person has previously been treated for mental illness or been subject to involuntary assessment or treatment.

(3) Subsection (2) does not prevent a person mentioned in the subsection having a mental illness.

Examples for subsection (3)—

1A person may have a mental illness caused by taking drugs or alcohol.

2A person may have a mental illness as well as an intellectual disability.

(4)On an assessment, a decision that a person has a mental illness must be made in accordance with internationally accepted medical standards.

Note—

See United Nations Principles for the protection of persons with mental illness and for the improvement of mental health care, principle 4, paragraph 1.

13   What are the assessment criteria

(1)The assessment criteria for a person, are all of the following, based on available information—

(a)the person appears to have a mental illness;

(b)the person requires immediate assessment;

(c)the assessment can properly be made at an authorised mental health service;

(d)there is a risk that the person may—

(i)cause harm to himself or herself or someone else; or

(ii)suffer serious mental or physical deterioration;

(e)there is no less restrictive way of ensuring the person is assessed.

(2)Also, for chapter 2, the assessment criteria for a person include—

(a)lacking the capacity to consent to be assessed; or

(b)having unreasonably refused to be assessed.

(3)Despite the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 , the person’s own consent only is relevant for subsection (2).

Example for subsection (3)—

If a guardian has been appointed under the Guardianship and Administration Act 2000 for a person, the guardian’s consent to the person’s assessment is not effective.

14   What are the treatment criteria

(1)The treatment criteria for a person, are all of the following—

(a)the person has a mental illness;

(b)the person’s illness requires immediate treatment;

(c)the proposed treatment is available at an authorised mental health service;

(d)because of the person’s illness—

(i)there is an imminent risk that the person may cause harm to himself or herself or someone else; or

(ii)the person is likely to suffer serious mental or physical deterioration;

(e)there is no less restrictive way of ensuring the person receives appropriate treatment for the illness;

(f)the person—

(i)lacks the capacity to consent to be treated for the illness; or

(ii)has unreasonably refused proposed treatment for the illness.

(2)Despite the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 , the person’s own consent only is relevant for subsection (1) (f).

Chapter 2    Involuntary assessment

Part 1    Interpretation

15   Definition of authorised mental health service for ch 2

In this chapter—

authorised mental health service means—

(a)an authorised mental health service, other than a high security unit; or

(b)a public hospital if there is no authorised mental health service readily accessible for a person’s examination or assessment.

Example of application of paragraph (b)—

If there is no authorised mental health service in a remote or rural area of the State, the person may be assessed at a public hospital in the area.

Part 2    Requirements for involuntary assessment

Division 1 Preliminary

16   Assessment documents

For this chapter, the documents required to authorise a person’s assessment at an authorised mental health service (assessment documents) are—

(a)a request, that complies with this part, for the person’s assessment at an authorised mental health service (a request for assessment); and

(b)a recommendation, that complies with this part, for the person’s assessment (a recommendation for assessment).

Note—

In some cases, before assessment documents can be made for a person, it may be necessary to obtain a justices or emergency examination order for the person under part 3, division 2 or 3.

Division 2 Request for assessment

17   Who may make request for assessment

A request for assessment for a person must be made by someone who—

(a)is an adult; and

(b)reasonably believes the person has a mental illness of a nature, or to an extent, that involuntary assessment is necessary; and

(c)has observed the person within 3 days before making the request.

18   Making request for assessment

A request for assessment must be in the approved form.

Division 3 Recommendation for assessment

19   Who may make recommendation for assessment

(1)A recommendation for assessment for a person may only be made by a doctor or authorised mental health practitioner who has examined the person within the preceding 3 days.

(2)However, a doctor or authorised mental health practitioner must not make a recommendation for assessment for a relative of the doctor or practitioner.

(3)An examination mentioned in subsection (1) may be carried out using audiovisual link facilities.

20   Making recommendation for assessment

(1)A recommendation for assessment must—

(a)be in the approved form; and

(b)state the facts on which it is based; and

(c)distinguish between the facts known because of personal observation and facts communicated by others.

(2)A doctor or authorised mental health practitioner must not make a recommendation for assessment for a person unless the doctor or practitioner is satisfied the assessment criteria apply to the person.

21   How long recommendation for assessment is in force

A recommendation for assessment is in force for 7 days after it is made.

Division 4 Miscellaneous provisions

22   When request for assessment may be made and when it is in force

(1)A request for assessment for a person may only be made within 7 days before or after a recommendation for assessment for the person is made.

(2)A request for assessment for a person, whether made before or after the recommendation for assessment for the person, is in force only while the recommendation for assessment for the person is in force.

23   Assessment documents must be made by different persons

A request and recommendation for assessment must be made by different persons.

24   Person making request must not be relative of practitioner making recommendation

The person making a request for assessment for a person must not be an employee or relative of the doctor or authorised mental health practitioner making the recommendation for assessment for the person.

Part 3    Procedures leading to involuntary assessment

Division 1 Provisions about taking persons to authorised mental health services for involuntary assessment

25   Taking person to authorised mental health service

(1)A health practitioner or ambulance officer may take a person for whom assessment documents are in force to an authorised mental health service for assessment.

Note—

For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(2)For subsection (1), the health practitioner or ambulance officer—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(3)If asked by a health practitioner or ambulance officer, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.

(4)For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3).

(5)In exercising the power under subsection (1), the health practitioner or ambulance officer must, to the extent that it is reasonable and practicable in the circumstances—

(a)tell the person that assessment documents are in force for the person; and

(b)explain to the person, in general terms, the nature and effect of the assessment documents.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

(6)Failure to comply with subsection (5) does not affect the validity of the exercise of the power.

26   Administration of medication while being taken to authorised mental health service

(1)Despite the absence or refusal of the person’s consent, medication may be administered to the person while being taken to the authorised mental health service.

(2)However, the medication—

(a)may be administered to the person only if a doctor is satisfied it is necessary to ensure the safety of the person or others while being taken to the health service; and

(b)must be administered by a doctor or a registered nurse under the instruction of a doctor.

(3)The doctor or nurse may administer the medication with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(4)For subsection (2) (b), the doctor’s instruction must include the medication’s name, the dose and route and frequency of administration.

(5)A doctor or nurse who administers medication under this section must keep a written record of the matters mentioned in subsection (4).

(6)This section applies despite the Guardianship and Administration Act 2000 , chapter 5, part 2, division 1.

Division 2 Justices examination orders

27   Application for order

(1)A person may apply to a magistrate or justice of the peace for an order under this division (a justices examination order) for another person.

(2)The application for the order must—

(a)be made by—

(i)if made to a magistrate—filing an application in the approved form with the registrar of a Magistrates Court; or

(ii)if made to a justice of the peace—giving an application in the approved form to the justice; and

(b)be sworn and state the grounds on which it is made.

(3)The application may be made even if the applicant has not made a request for assessment for the person.

Note—

A request for assessment for the person may be made by the applicant or someone else.For the person to be taken to an authorised mental health service for assessment, assessment documents must be in force for the person, see section 25 (1).

28   Making of order

(1)A magistrate or justice of the peace may make a justices examination order relating to a person only if the magistrate or justice reasonably believes—

(a)the person has a mental illness; and

(b)the person should be examined by a doctor or authorised mental health practitioner to decide whether a recommendation for assessment for the person be made; and

(c)the examination can not be properly carried out unless the order is made.

(2)The order must be in the approved form.

29   Procedures after making order

(1)If a justices examination order is made by a magistrate, the registrar of the Magistrates Court with whom the application for the order is filed must send the order and a copy of the application documents to the administrator of an authorised mental health service.

(2)If a justices examination order is made by a justice of the peace, the justice must—

(a)send the order and a copy of the application documents to the administrator of an authorised mental health service; and

(b)send a copy of the order to the registrar of the Magistrates Court stated in the order.

(3)If the registrar or justice sends the documents to an authorised mental health service by facsimile, the registrar or justice must send the original of the order and a copy of the application documents to the health service.

30   Effect of order

(1)The justices examination order authorises a doctor or authorised mental health practitioner to examine the person to decide whether a recommendation for assessment for the person should be made.

Note—

If a recommendation for assessment for the person is made, the person may only be taken to an authorised mental health service for assessment if a request for assessment for the person is also made, see section 25 (1).

(2)For subsection (1), the doctor or practitioner may enter a place stated in the order or another place the doctor or practitioner reasonably believes the person may be found.

(3)The doctor or practitioner may exercise a power under this section with the help that is reasonable in the circumstances.

(4)For subsections (1) and (2)—

(a)the doctor or practitioner is a public official for the Police Powers and Responsibilities Act 2000 ; and

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(b)a police officer may detain the person at the place for the examination to be carried out by a doctor or authorised mental health practitioner.

Note—

For a police officer’s entry and search powers, see the Police Powers and Responsibilities Act 2000 , section 21 (General power to enter to arrest or detain someone or enforce warrant).

(5)If asked by the doctor or practitioner, a police officer must, as soon as reasonably practicable, ensure reasonable help is given.

(6)For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3).

(7)In exercising a power under this section, the doctor or practitioner must, to the extent that it is reasonable and practicable in the circumstances—

(a)explain to the person, in general terms, the nature and effect of the order; and

(b)produce the order to the person for inspection.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

(8)Production by the doctor or practitioner of a facsimile copy of the order is sufficient compliance with subsection (7) (b).

(9)Failure to comply with subsection (7) does not affect the validity of the exercise of the power.

(10)A power under this section may be exercised at any reasonable time of the day or night.

31   Duration of order

(1)The justices examination order must state the time when it is to end.

(2)The stated time must be not more than 7 days after the order is made.

(3)The order ends at the stated time.

32   Notifications to director

(1)If a recommendation for assessment for the person is not made after the person’s examination under the justices examination order, the examining doctor or authorised mental health practitioner must give to the director—

(a)notice in the approved form; and

(b)a copy of the order and a copy of the application documents.

(2)If, an examination of the person is not carried out under the justices examination order before it ends, the administrator of the authorised mental health service to whom the order was sent must give to the director—

(a)notice in the approved form; and

(b)a copy of the order and a copy of the application documents.

Division 3 Emergency examination orders

Subdivision 1 Emergency examination orders by police officers and ambulance officers

33   Application of sdiv 1

This subdivision applies if a police officer or an ambulance officer reasonably believes—

(a)a person has a mental illness; and

(b)because of the person’s illness there is an imminent risk of significant physical harm being sustained by the person or someone else; and

(c)proceeding under division 2 would cause dangerous delay and significantly increase the risk of harm to the person or someone else; and

(d)the person should be taken to an authorised mental health service for examination to decide whether a request and recommendation for assessment should be made for the person.

34   Taking person to authorised mental health service

The police officer or ambulance officer must take the person to an authorised mental health service for examination to decide whether assessment documents for the person should be made.

35   Making of emergency examination order

(1)Immediately after taking the person to the authorised mental health service, the police officer or ambulance officer must make an order under this subdivision (an emergency examination order (police or ambulance officer)) for the person.

(2)The order must—

(a)be in the approved form; and

(b)state the time when it is made.

(3)Immediately after making the order, the police officer or ambulance officer must give the order to a health service employee at the health service.

(4)The person may be detained in the health service while the order is being made.

36   Detention and examination

(1)On the making of the order, the person may be detained for not longer than 6 hours (the examination time) in the authorised mental health service for examination by a doctor or authorised mental health practitioner.

(2)In carrying out the examination, the doctor or practitioner must, to the extent that it is reasonable and practicable in the circumstances explain to the person, in general terms, the application of this subdivision to the person.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

Subdivision 2 Emergency examination orders by psychiatrists

37   Application of sdiv 2

This subdivision applies if a psychiatrist is satisfied—

(a)a person has a mental illness; and

(b)because of the person’s illness there is an imminent risk of significant physical harm being sustained by the person or someone else; and

(c)proceeding under division 2 would cause dangerous delay and significantly increase the risk of harm to the person or someone else; and

(d)the person should be taken to an authorised mental health service for examination to decide whether a request and recommendation for assessment should be made for the person.

38   Making of emergency examination order

(1)The psychiatrist may make an order under this subdivision (an emergency examination order (psychiatrist)) for the person.

(2)The order must be in the approved form.

39   Taking of person to authorised mental health service for examination

The psychiatrist, or a police officer or ambulance officer may take the person to an authorised mental health service for examination to decide whether assessment documents for the person should be made.

Note—

For a police officer’s power to enter a place to prevent an offence, injury or domestic violence, see the Police Powers and Responsibilities Act 2000 , section 609 (Entry of place to prevent offence, injury or domestic violence).

40   Detention and examination

(1)On production of the examination order for the person to a health service employee at the authorised mental health service, the person may be detained for not longer than 6 hours (the examination time) in the health service for examination by a doctor or authorised mental health practitioner.

(2)The examination time starts when the order is produced to the health service employee.

(3)For subsection (2), the health service employee must write on the order the time of its production.

(4)In carrying out the examination, the doctor or practitioner must, to the extent that it is reasonable and practicable in the circumstances explain to the person, in general terms, the application of this subdivision to the person.

Note—

See also section 542 (Official to identify himself or herself before exercising powers).

Subdivision 3 General

41   Procedure if assessment documents not made

If assessment documents are not made for a person the subject of an emergency examination order at the end of the examination time for the person, the administrator of the authorised mental health service to which the person was taken for examination must, as soon as practicable—

(a)make arrangements for the person’s return to the place from which the person was taken for the examination or for the person to be taken to another place the person reasonably asks to be taken; and

(b)give to the director—

(i)notice in the approved form; and

(ii)a copy of the order.

Part 4    Detention as involuntary patient for involuntary assessment

Division 1 Preliminary

42   Application of pt 4

This part applies to a person for whom assessment documents are in force.

43   Purpose of pt 4

The purpose of this part is to provide for the person’s detention for assessment in an authorised mental health service.

Division 2 Involuntary assessment

44   Detention for assessment

(1)The person may be detained in an authorised mental health service for assessment for the assessment period.

Note—

The assessment period is initially not longer than 24 hours or, if that period is extended or further extended under section 47, the extended period, see the schedule (Dictionary), definition assessment period.

(2)The assessment period starts—

(a)if the person is not a patient in the health service—when the person is received at the health service for the assessment and the assessment documents are produced to a health service employee at the health service; or

(b)if the person is a patient in the health service—when assessment documents for the person—

(i)are produced to a health practitioner at the health service; or

(ii)are made by health practitioners at the health service.

(3)For subsection (2), the health service employee or health practitioner must write on the assessment documents the time when the assessment period starts.

(4)On the production or making of the assessment documents for the person under subsection (2), the person becomes an involuntary patient.

45   Patient and other persons to be told about assessment

On becoming an involuntary patient, the administrator for the authorised mental health service must ensure the following persons are told about the patient’s assessment under this division—

(a)the patient;

(b)the patient’s allied person;

(c)if the patient is a minor—a parent of the minor or the minor’s guardian;

(d)if the administrator reasonably believes the patient has a personal attorney—the attorney;

(e)if the administrator reasonably believes the patient has a personal guardian—the guardian.

46   Initial assessment

(1)As soon as practicable after the person becomes an involuntary patient, an authorised doctor for the authorised mental health service must make an assessment of the patient to decide whether the treatment criteria apply to the patient.

Note—

If, on the assessment, the authorised doctor is satisfied the treatment criteria apply to the person, the doctor may make an involuntary treatment order for the patient, see section 108.

(2)The assessment may be carried out using audiovisual link facilities.

47   Extension of assessment period

(1)An authorised doctor for the authorised mental health service may, from time to time, by written declaration, extend the assessment period for the patient for a further period of not longer than 24 hours.

(2)However, the patient must not be detained for assessment for more than 72 hours.

(3)The doctor may make a declaration under subsection (1) only if the doctor is satisfied the further period is necessary to carry out or finish the assessment.

48   When patient ceases to be involuntary patient

(1)If an authorised doctor for the authorised mental health service has not made an involuntary treatment order for the patient at the end of the assessment period for the patient—

(a)the patient ceases to be an involuntary patient; and

(b)the doctor must tell the patient that the patient is no longer an involuntary patient.

(2)However, the person may continue to be a patient of the authorised mental health service other than as an involuntary patient.

(3) Subsection (4) applies if the person—

(a)was taken to the health service for—

(i)assessment under part 3, division 1; or

(ii)examination under part 3, division 3, and assessment documents were made for the person before the end of the examination time for the person; and

(b)is not an in-patient of the health service.

(4)The administrator of the health service must, as soon as practicable, make arrangements for the person’s return to the place from which the person was taken for the assessment or examination or for the person to be taken to another place the person reasonably asks to be taken.

Chapter 3    Persons before a court or in custody requiring assessment or detention

Part 1    Requirements for assessment

Division 1 Preliminary

49   Assessment documents

For this chapter, the documents required to authorise a person’s detention in an authorised mental health service for assessment (assessment documents) are—

(a)a recommendation, that complies with division 2, for the person’s assessment (a recommendation for assessment); and

(b)an agreement, that complies with division 3, for the person’s assessment (an agreement for assessment); and

(c)for assessment of a person to whom—

(i)part 2 applies—a court assessment order for the person; or

(ii)part 3 applies—a custodian’s assessment authority for the person.

Division 2 Recommendations for assessment

50   Who may make recommendation for assessment

(1)A recommendation for assessment for a person may only be made by a doctor or an authorised mental health practitioner who has examined the person within the preceding 3 days.

(2)However, a doctor or authorised mental health practitioner must not make a recommendation for assessment for a relative of the doctor or health practitioner.

(3)An examination mentioned in subsection (1) may be carried out using audiovisual link facilities.

51   Making recommendation for assessment

(1)A recommendation for assessment must—

(a)be in the approved form; and

(b)state the facts on which it is based; and

(c)distinguish between the facts known because of personal observation and facts communicated by others.

(2)A doctor or authorised mental health practitioner must not make a recommendation for assessment for a person unless the doctor or practitioner is satisfied the assessment criteria apply to the person.

52   How long recommendation for assessment is in force

A recommendation for assessment is in force for 7 days after it is made.

Division 3 Agreements for assessment

53   Who may give agreement for assessment

(1)An agreement for assessment for a person’s assessment at an authorised mental health service may be given by the administrator of the health service or, if the health service is a public sector mental health service, the director.

(2)However, the administrator of a high security unit must not give an agreement for assessment for either of the following persons without the director’s approval—

(a)a young person;

Note—

For reviews of the detention of a young patient in high security unit, see chapter 6 (Tribunal reviews and treatment applications), part 2 (Reviews by tribunal for young patients detained in high security units).

(b)a person charged only with a simple offence.

(3)The director must not give the approval unless the director is satisfied it is in the person’s best interests to do so having regard to the following—

(a)the person’s mental state and psychiatric history;

(b)the person’s treatment and security requirements;

(c)any offence with which the person is charged or for which the person is serving a sentence of imprisonment or period of detention.

54   When agreement for assessment may be given by administrator

(1)The administrator of an authorised mental health service may give an agreement for assessment for a person’s assessment at the health service if the administrator is satisfied the health service has the capacity to carry out the assessment.

(2)For subsection (1), the administrator of an authorised mental health service that is not a high security unit must be satisfied the person’s assessment at the health service does not present an unreasonable risk to the safety of the person or others having regard to—

(a)the person’s criminal and psychiatric history; and

(b)the person’s current treatment and security requirements.

55   When agreement for assessment may be given by director

The director may give an agreement for assessment for a person’s assessment at a public sector mental health service only if—

(a)the administrator of the health service has refused to give an agreement under section 54; and

(b)on reviewing the administrator’s decision and considering the circumstances of the particular case, the director is satisfied about the matters mentioned in—

(i) section 54; and

(ii)if the person is a young person or charged only with a simple offence—section 53 (3).

56   How long agreement for assessment is in force

An agreement for assessment is in force for 7 days after it is made.

Part 2    Persons having a mental illness before court

Division 1 Court assessment orders

57   Application of div 1

This division applies to a person charged with a simple or indictable offence who is before a court.

58   Court may make court assessment order for person

(1)The court may make an order under this section (a court assessment order) for the person if—

(a)a recommendation and agreement for assessment that are in force for the person are given to the court; and

(b)the court is satisfied the person should be detained in an authorised mental health service for assessment.

(2)The court assessment order must state the authorised mental health service where the person’s assessment is to be carried out.

(3)On the making of the court assessment order for the person, the court must—

(a)adjourn the proceedings for the offence with which the person is charged; and

(b)remand the person in custody.

59   Court’s powers if court assessment order is not made for person

If the court is satisfied the person can be assessed other than as an in-patient of an authorised mental health service, the court must—

(a)remand the person in custody or grant the person bail under the Bail Act 1980 , part 2; and

(b)ensure arrangements are made for the person’s assessment.

Division 2 Orders by Supreme and District Courts if person pleads guilty to indictable offence

60   Definition for div 2

In this division—

offence does not include an offence against a Commonwealth law.

61   Application of div 2

This division applies if—

(a)at the trial of a person charged with an indictable offence, the person pleads guilty and it is alleged or appears the person is mentally ill, or was, or may have been, mentally ill when the alleged offence was committed; or

(b)on the appearance for sentence of a person who has pleaded guilty to a charge of an indictable offence before a court and has been committed by the court for sentence, it is alleged or appears the person is mentally ill, or was, or may have been, mentally ill when the alleged offence was committed.

62   Supreme or District Court may order plea of not guilty

(1)The Supreme or District Court before which the person appears may order a plea of not guilty be entered for the person for—

(a)the indictable offence the person is charged with; and

(b)if, under the Criminal Code, section 651, a charge of a summary offence laid against the person is to be heard and decided by the court—the summary offence.

(2)On the making of the order, the court must—

(a)adjourn the trial; and

(b)refer the matter of the person’s mental condition relating to the offence to the Mental Health Court; and

Note—

See chapter 7 (Examinations, references and orders for persons charged with offences), part 6 (Inquiries on references to Mental Health Court).

(c)remand the person in custody or grant the person bail under the Bail Act 1980 .

(3)If the court remands the person in custody, it may also make a court assessment order for the person.

63   How reference to Mental Health Court is made

(1)The registrar of the Supreme or District Court must file notice of the reference in the approved form in the Mental Health Court Registry.

(2)The notice must be accompanied by a copy of any medical report produced in the court relating to the person’s mental condition.

Part 3    Persons having a mental illness in lawful custody

64   Application of pt 3

(1)This part applies to a person in lawful custody who—

(a)has been charged with an indictable offence and is in custody awaiting the start or continuation of committal or summary proceedings for the offence; or

(b)has been committed for trial or sentence on a charge of an indictable offence and is in custody pending the person’s appearance at a criminal sittings of the Supreme Court, District Court or Childrens Court for the charge; or

(c)has been charged with a simple offence and is in custody awaiting the hearing of the complaint for the offence; or

(d)is serving a sentence of imprisonment or detention for a period under a court order.

(2)To remove any doubt, it is declared that an offence mentioned in subsection (1) includes an offence against a Commonwealth law.

Note—

See the Judiciary Act 1903 (Cwlth) , section 68 (Jurisdiction of State and Territory courts in criminal cases).

(3)This part also applies to a person who is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation.

65   Custodian’s assessment authority

(1)The person’s custodian may authorise the person’s assessment (a custodian’s assessment authority) at an authorised mental health service.

(2)The assessment authority must state the authorised mental health service where the person’s assessment is to be carried out.

66   Making of custodian’s assessment authority

(1)The person’s custodian may make a custodian’s assessment authority for the person only if a recommendation and agreement for assessment that are in force for the person are given to the custodian.

(2)The assessment authority for the person must be in the approved form.

Part 4    Detention as classified patient on completion of assessment documents

Division 1 Preliminary

67   Application of pt 4

This part applies to a person for whom a court assessment order or custodian’s assessment authority is in force.

Division 2 Provisions about taking person to, and detaining person in, authorised mental health service

68   Taking person to authorised mental health service

(1)The person must be taken to an in-patient facility of the authorised mental health service stated in the court assessment order or custodian’s assessment authority as soon as practicable after the order or authority is made.

(2)For subsection (1), a police officer, correctional officer or detention centre officer may take the person to the in-patient facility.

(3)A correctional officer or detention centre officer may exercise the power under subsection (2) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

69   Classified patients

(1)On production of the following assessment documents for the person to a health service employee at the authorised mental health service, the person becomes a classified patient—

(a)the recommendation for assessment for the person;

(b)court assessment order or custodian’s assessment authority.

(2)The classified patient may be detained in the health service.

(3)The patient is a classified patient until the patient ceases to be a classified patient under section 78, 94, 99, 100C, 253 or 287.

Note—

For what happens on a patient ceasing to be a classified patient, see division 5.

70   Giving information about detention

(1)On the person becoming a classified patient, the administrator of the authorised mental health service must—

(a)give written notice to the director of the patient’s detention as a classified patient; and

(b)ensure the following persons are told about the patient’s detention as a classified patient—

(i)the patient;

(ii)the patient’s allied person;

(iii)if the patient is a minor—a parent of the minor or the minor’s guardian;

(iv)if the administrator reasonably believes the patient has a personal attorney—the attorney;

(v)if the administrator reasonably believes the patient has a personal guardian—the guardian; and

(c)give written notice to the tribunal of the patient’s detention as a classified patient if—

(i)the health service is a high security unit and the patient is a young patient; or

(ii)an involuntary treatment order or forensic order is in force for the patient.

(2)For a classified patient who is a person mentioned in section 64 (1) (a), (b) or (c), the director must give written notice to the chief executive for justice of the patient’s detention as a classified patient.

(3)The chief executive for justice must give written notice to the following persons of the patient’s detention as a classified patient—

(a)the registrar of the court before which the patient is to appear for the offence;

(b)the commissioner of the police service or the director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive for young people.

(4)Also, the director may give written notice of the patient’s detention as a classified patient to any person who the director reasonably believes may apply, under section 318C, for a classified patient information order about the patient.

Division 3 Assessment and treatment as classified patient

71   Initial assessment

(1)Within 3 days after the person becomes a classified patient, an authorised doctor for the authorised mental health service must make an assessment of the patient to decide whether the treatment criteria apply to the patient.

Note—

If, on the assessment, the authorised doctor is satisfied the treatment criteria apply to the person, the doctor may make an involuntary treatment order for the patient, see section 108.

(2)If, on the assessment, the doctor decides the person has a mental illness, the doctor must also decide whether the patient needs to be detained in the health service as a classified patient for treatment for the illness.

(3)The doctor may, under subsection (2), decide the patient needs to be detained in the health service even if the doctor reasonably believes limited community treatment may be authorised for the patient.

Note—

See section 129 (Authorising limited community treatment).

(4) Subsection (2) applies regardless of whether the patient consents to treatment for the illness.

72   Treatment plan for patient needing to be detained for treatment as classified patient

If, on the assessment, the authorised doctor decides the patient needs to be detained in the authorised mental health service as a classified patient for treatment for a mental illness, the doctor must—

(a)ensure a treatment plan is prepared for the patient; and

(b)talk to the patient about the patient’s treatment under the treatment plan.

Note—

See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

73   Regular assessments of patient

(1)The administrator of the authorised mental health service must ensure an authorised psychiatrist for the health service carries out regular assessments of the patient as required under the patient’s treatment plan.

(2)The authorised psychiatrist carrying out an assessment of the patient must record details of it in the patient’s clinical file.

(3)In carrying out an assessment, the psychiatrist must decide whether the treatment criteria continue to apply to the patient.

(4)If, on an assessment, the psychiatrist decides the person has a mental illness, the psychiatrist must also decide whether the patient needs to continue to be detained in the health service as a classified patient for treatment for the illness.

(5)The psychiatrist may, under subsection (4), decide the patient needs to continue to be detained in the health service even if limited community treatment has been authorised for the patient or the psychiatrist reasonably believes limited community treatment may be authorised for the patient.

Note—

See section 129 (Authorising limited community treatment).

(6) Subsection (4) applies regardless of whether the patient consents to treatment for the illness.

74   Authorised doctor to report to director if patient does not need to be detained for treatment

(1)This section applies if, on an initial or regular assessment of a patient, an authorised doctor decides the patient does not need to continue to be detained in the authorised mental health service as a classified patient for treatment for the illness.

(2)The doctor must give the director a report stating the decision and the reasons for the decision.

Division 4 Provisions about legal proceedings

75   Suspension of particular proceedings

On the person becoming a classified patient, proceedings for any offence, other than an offence against a Commonwealth law, against the person are suspended until the person ceases to be a classified patient.

76   What happens for proceedings for Commonwealth offences

(1)If, in a proceeding against a classified patient for an offence against a Commonwealth law, the court remands the patient in custody for the offence, the place of custody is to be the patient’s treating health service.

Note—

A person has ceased to be a classified patient when, under part 5, the patient is returned to court or custody for the proceedings to continue.

(2)To remove any doubt, it is declared that the patient continues to be a classified patient until the patient ceases, under section 78 (1) or part 5, to be a classified patient.

77   Bail, remand and discontinuance of proceedings etc.

This part does not prevent—

(a)a court making an order granting a classified patient bail under the Bail Act 1980 ; or

(b)a court remanding a classified patient in custody in relation to proceedings for an offence; or

(c)a court adjourning proceedings for an offence until a stated date; or

(d)the prosecution of a classified patient for an offence being discontinued at any time by the complainant or director of public prosecutions.

78   When patient ceases to be classified patient

(1)A patient ceases to be a classified patient if—

(a)for an offence against any law—

(i)a court makes an order granting the patient bail under the Bail Act 1980 ; or

(ii)the prosecution of the patient for the offence is discontinued, other than under the decision of the director of public prosecutions under section 247 (1) (b); or

Note—

Also, see section 253 (When patient ceases to be classified patient).

(b)for an offence against a Commonwealth law—proceedings for the offence are finally decided according to law and the patient is not awaiting the start or continuation of proceedings for another offence.

(2)However, subsection (1) does not apply if the patient—

(a)is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3); or

(b)is serving a sentence of imprisonment or period of detention under a court order.

(3)Also, the patient may continue to be an involuntary patient under another provision of this Act.

79   Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 78, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)the director;

(d)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

Division 5 What happens on patient ceasing to be classified patient

80   Application of div 5

This division applies if, under section 78, 99, 253 or 287, a patient ceases to be a classified patient.

81   Release or other arrangements for admission for patients who cease to be involuntary patients

(1)This section applies if, on the ceasing to be a classified patient, the person is not an involuntary patient.

(2)The administrator of the health service must immediately—

(a)release the person; or

(b)make arrangements for the person’s admission to an authorised mental health service that is not a high security unit.

82   Continued detention of particular involuntary patients

(1)This section applies if, on the ceasing to be a classified patient, the patient—

(a)is an involuntary patient under an involuntary treatment order; and

(b)is detained in a high security unit.

(2)The patient may continue to be detained in the high security unit for not longer than 3 days.

(3)However, the director may approve the continued detention of the patient in the high security unit.

(4)The director may give an approval under subsection (3) only if the director is satisfied it is in the patient’s best interests to do so having regard to the following—

(a)the patient’s mental state and psychiatric history;

(b)the patient’s treatment and security requirements.

Part 5    Return of classified patients to court or custody

Division 1 Preliminary

83   Application of pt 5

(1)This part applies if, on receiving a report under section 74 or at any other time, the director is satisfied a classified patient does not need to be detained in an authorised mental health service for treatment for a mental illness.

Note—

If the director is satisfied the patient still needs to be detained in the health service, the director may approve that an authorised doctor for the health service authorise limited community treatment for the patient, see section 129.

(2)Also, this part applies if, after the end of the period for an initial assessment under section 71 (1)—

(a)an involuntary treatment order is not made for the patient; and

(b)the patient asks that he or she no longer be detained in the health service.

(3)However, subsection (2) does not apply if the patient is a forensic patient.

84   Notice of application of pt 5

If this part applies to the patient under section 83 (2), the administrator of the authorised mental health service must give written notice of the application of this part to the director.

Division 2 Patients under court assessment orders

85   Application of div 2

This division applies if—

(a)the director receives a notice for the patient under section 84 or is satisfied this part applies to the patient under section 83 (1); and

(b)a court assessment order is in force for the patient.

86   Notices about patient not to be detained as classified patient

(1)The director must immediately give written notice to the chief executive for justice stating this division applies to the patient.

(2)The chief executive for justice must immediately give written notice to the following persons of the application of this division to the patient—

(a)the registrar of the court in which proceedings for the offence that led to the patient becoming a classified patient are to be heard;

(b)the commissioner of the police service or director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive for young people.

87   Taking patient before court

(1)As soon as practicable after receiving the notice under section 86 (2), but in any case within 3 days, the commissioner of the police service or director of public prosecutions must ensure the patient is brought before the appropriate court to be dealt with according to law.

(2)A police officer may take the patient from the authorised mental health service to appear before the court.

Note—

For use of force by police officers, see the Police Powers and Responsibilities Act 2000 , section 615 (Power to use force against individuals).

Division 3 Patients under custodian’s assessment authorities

88   Application of div 3

This division applies if—

(a)the director receives a notice for the patient under section 84 or is satisfied this part applies to the patient under section 83 (1); and

(b)a custodian’s assessment authority is in force for the patient.

89   Director to decide whether particular patients should be returned to court

(1)This section applies if the patient is awaiting the start or continuation of proceedings for the offence that led to the patient becoming a classified patient.

(2)The director must decide whether the patient should—

(a)under section 90, be returned to custody; or

(b)under section 91, be brought before the appropriate court to be dealt with according to law.

(3)The director must not make a decision under subsection (2) (b) unless the director is satisfied it is in the patient’s best interests and it is proper and expedient to do so.

90   When custodian is to take custody of patient

(1)This section applies to a patient—

(a)who—

(i)is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3); or

(ii)is serving a sentence of imprisonment or period of detention under a court order; or

(b)for whom the director has made a decision under section 89 (2) (a).

(2)The director must immediately give written notice to the custodian who made the custodian’s assessment authority for the patient that this section applies to the patient.

(3)Within 1 day after receiving the director’s notice, the custodian must cause a proper officer to take the patient from the authorised mental health service into the custodian’s custody.

(4)The proper officer may take the patient from the authorised mental health service into the custodian’s custody.

(5)A proper officer, other than a police officer, may exercise the power under subsection (4) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

(6)In this section—

proper officer means—

(a)a police officer; or

(b)a correctional officer; or

(c)a detention centre officer; or

(d)another person acting for the State or the Commonwealth who is prescribed under a regulation.

90A   Giving information about return of patient to custody

(1)This section applies to a patient for whom the director has made a decision under section 89 (2) (a).

(2)The director must immediately give written notice to the chief executive for justice that this section applies to the patient.

(3)The chief executive for justice must immediately give written notice to the following persons of the application of this section to the patient—

(a)the registrar of the court before which the patient is to appear for the offence;

(b)the commissioner of the police service or the director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive of the department in which the Youth Justice Act 1992 is administered.

91   When patient to be brought before court

(1)This section applies to a patient for whom the director has made a decision under section 89 (2) (b).

(2)The director must immediately give written notice to the following persons stating that this section applies to the patient—

(a)the chief executive for justice;

(b)the custodian who made the custodian’s assessment authority for the patient.

(3)The chief executive for justice must immediately give written notice to the following persons of the application of this section to the patient—

(a)the registrar of the court in which proceedings for the offence that led to the patient becoming a classified patient are to be heard;

(b)the commissioner of the police service or director of public prosecutions as appropriate in the circumstances;

(c)if the patient is a child—the chief executive for young people.

92   Taking patient before court

(1)As soon as practicable after receiving the notice under section 91 (3), but in any case within 3 days, the commissioner of the police service or director of public prosecutions must ensure the patient is brought before the appropriate court to be dealt with according to law.

(2)A police officer may take the patient from the authorised mental health service to appear before the court.

Note—

For use of force by police officers, see the Police Powers and Responsibilities Act 2000 , section 615 (Power to use force against individuals).

Division 4 Miscellaneous provisions

93   When administrator’s custody of patient ends

The administrator’s custody of the patient ends when the patient is taken from the authorised mental health service under section 90 or 92.

94   When patient ceases to be classified patient

(1)The patient ceases to be a classified patient when the administrator’s custody of the patient ends.

(2)However, the patient may continue to be an involuntary patient under another provision of this Act.

95   Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 94, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient’s allied person;

(b)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

Part 6    Procedures following end of sentence or parole

96   Application of pt 6

This part applies to a person who, while serving a sentence of imprisonment or detention under a court order, becomes a classified patient.

97   Chapter does not affect parole

Nothing in this chapter prevents the classified patient from being paroled.

98   Administrator to give notice of end of period of imprisonment or detention or on parole

The administrator of the authorised mental health service must, at least 7 days before the end of the patient’s period of imprisonment or detention or on the patient’s parole, give written notice of the ending or parole to the director.

99   When patient ceases to be classified patient

(1)At the end of the patient’s period of imprisonment or detention under the court order or on the patient’s parole, the patient ceases to be a classified patient unless—

(a)the patient is awaiting the start or continuation of proceedings for an offence; or

(b)the patient is a person to whom part 6A applies.

(2)However, the patient may continue to be an involuntary patient under another provision of this Act.

100   Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 99, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

Part 6A    Procedures following end of lawful custody without charge

100A   Application of pt 6A

This part applies to a person who, while held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3), becomes a classified patient.

100B   Administrator to give notice of end of lawful custody without charge

The administrator of the authorised mental health service must give written notice of the end of the patient’s lawful custody or detention without charge to the director—

(a)as early as possible before the end of the patient’s lawful custody or detention without charge; or

(b)if it is not practicable to comply with paragraph (a), immediately after becoming aware of the end of the patient’s lawful custody or detention without charge.

100C   When patient ceases to be classified patient

(1)At the end of the patient’s lawful custody or detention without charge, the patient ceases to be a classified patient unless—

(a)the patient is awaiting the start or continuation of proceedings for an offence; or

(b)the patient is a person to whom part 6 applies.

(2)However, the patient may continue to be an involuntary patient under another provision of this Act.

100D   Notice of patient ceasing to be classified patient

Within 7 days after a patient ceases, under section 100C, to be a classified patient, the administrator of the patient’s treating health service must give written notice of the ceasing to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)if an involuntary treatment or forensic order is in force for the patient—the tribunal.

Part 7    Detention in authorised mental health service during trial

101   Court may order person’s detention in authorised mental health service

(1)This section applies if, after the start of the trial of a person charged with an indictable offence, a court—

(a)decides the person should be remanded in custody during an adjournment of the trial; and

(b)because of the person’s mental condition, is satisfied the person should be detained in an authorised mental health service for treatment or care during the adjournment.

(2)The court may order that the person be detained for treatment or care, during the adjournment, in a stated authorised mental health service if there is in force an agreement under this part for the person’s detention.

102   Who may give agreement for detention

(1)An agreement for a person’s detention in an authorised mental health service may be given by the administrator of the health service or the director.

(2)However, an agreement must not be given for a young person’s detention in a high security unit.

103   When agreement for detention may be given by administrator

(1)The administrator of an authorised mental health service may give an agreement for a person’s detention in the health service if the administrator is satisfied the health service has the capacity to detain the person for treatment or care.

(2)For subsection (1), the administrator of an authorised mental health service that is not a high security unit must be satisfied the person’s detention at the health service does not present an unreasonable risk to the safety of the person or others having regard to—

(a)the person’s criminal and psychiatric history; and

(b)the person’s current treatment and security requirements.

104   When agreement for detention may be given by director

The director may give an agreement for a person’s detention in a public sector mental health service only if—

(a)the administrator of the health service has refused to give an agreement under section 103; and

(b)on reviewing the administrator’s decision and considering the circumstances of the particular case, the director is satisfied about the matters mentioned in the section.

105   How long agreement for detention is in force

An agreement for detention for a person is in force for 7 days after it is made.

106   Taking person to authorised mental health service and return to court

(1)A police officer, correctional officer or detention centre officer may—

(a)take the person to an in-patient facility of the authorised mental health service stated in the court’s order; and

(b)at the end of the adjournment, take the person from the health service to appear before the court.

(2)A correctional officer or detention centre officer may exercise the power under subsection (1) with the help, and using the minimum force, that is necessary and reasonable in the circumstances.

107   Detention in authorised mental health service

The person may be detained under the court’s order in the authorised mental health service stated in the order.

Chapter 4    Treatment and care of patients

Part 1    Involuntary treatment orders

Division 1 Making and effect of involuntary treatment orders

108   Making of involuntary treatment order

(1)If, on the assessment of a patient under chapter 2, part 4, or on an initial or regular assessment under chapter 3, part 4, an authorised doctor for an authorised mental health service is satisfied the treatment criteria apply to the patient, the doctor may make an order under this section (an involuntary treatment order) for the patient.

(2)However, a psychiatrist must not make the order if the psychiatrist made the recommendation for assessment under chapter 2 or 3 for the patient.

(3)The order must—

(a)be in the approved form; and

(b)state the following—

(i)the time when it is made;

(ii)the basis on which the doctor is satisfied the treatment criteria apply to the patient, including the facts indicating mental illness observed by the doctor;

(iii)the authorised mental health service responsible for ensuring the person receives treatment.

(4)For an involuntary patient, other than a classified patient, the health service stated in the order must not be a high security unit without the director’s prior agreement.

109   Category of order

(1)In making the involuntary treatment order, the authorised doctor must decide the category of the order.

(2)The category of the order must be—

(a)if the patient needs to be treated as an in-patient of an authorised mental health service or the patient is a classified patient—in-patient; or

(b)if paragraph (a) does not apply—community.

Note—

In deciding the category of the order, the doctor must have regard to the general principles for the administration of this Act and the principles for exercising powers and performing functions under this Act, see sections 8 and 9.

110   Treatment plan for patient

The authorised doctor must ensure a treatment plan is prepared for the patient.

111   Authorised doctor must tell patient about order and treatment plan

The authorised doctor must—

(a)tell the patient—

(i)the order has been made for the patient; and

(ii)the category of the order; and

(iii)the basis on which the doctor is satisfied the treatment criteria apply to the patient; and

(b)talk to the patient about the patient’s treatment under the treatment plan.

Notes—

1See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

2For a doctor’s obligations to give particular information to the patient’s personal attorney or personal guardian, see the Guardianship and Administration Act 2000 , section 76 (Health providers to give information).

112   Second examination in particular cases

(1)This section applies if the involuntary treatment order for the patient was made—

(a)by an authorised doctor who is not a psychiatrist; or

(b)solely on an assessment carried out using audiovisual link facilities.

(2)Within 72 hours after the order is made, the patient must be examined by an authorised psychiatrist.

(3)The psychiatrist’s examination may be carried out using audiovisual link facilities only if the involuntary treatment order was made on an assessment carried out in person.

(4)If the order was made by a psychiatrist as mentioned in subsection (1) (b), the same psychiatrist may carry out the examination.

(5)If the psychiatrist is not satisfied the treatment criteria apply to the patient, the psychiatrist must revoke the order.

(6)If the psychiatrist is satisfied the treatment criteria apply to the patient, the psychiatrist must confirm the order.

(7)A revocation or confirmation must be endorsed on the order.

(8)If the order is not revoked or confirmed at the end of the 72 hours after it is made—

(a)the patient ceases to be an involuntary patient; and

(b)an authorised doctor must tell the patient that the patient is no longer an involuntary patient.

113   Notice of making of involuntary treatment order

(1)Within 7 days after an involuntary treatment order for a patient is made, the administrator of the patient’s treating health service must give written notice of the order to—

(a)the patient; and

(b)the tribunal; and

(c)the patient’s allied person.

(2) Subsection (1) applies to an involuntary treatment order to which section 112 applies only if the order is confirmed under the section.

114   Detention under in-patient order

If the category of the involuntary treatment order is in-patient, the patient may be detained in the patient’s treating health service.

115   Treatment under treatment plan

The administrator of the treating health service must ensure the patient is treated as required under the patient’s treatment plan.

116   Regular assessments of patient

(1)The administrator of the treating health service must ensure an authorised psychiatrist for the health service carries out regular assessments of the patient as required under the patient’s treatment plan.

(2)The authorised psychiatrist carrying out an assessment of the patient must record details of it in the patient’s clinical file.

(3)In carrying out an assessment, the psychiatrist must consider whether the treatment criteria continue to apply to the patient.

117   Noncompliance with treatment under community category of involuntary treatment order

(1)This section applies if—

(a)the category of the involuntary treatment order for a patient is community; and

(b)in the opinion of an authorised doctor for a patient’s treating health service—

(i)the patient has not complied with the patient’s treatment plan; and

(ii)reasonable steps have been taken to obtain compliance with the treatment plan without success; and

(iii)there is a significant risk of deterioration in the patient’s mental or physical condition because of the noncompliance.

(2)The doctor must—

(a)make a written record of the doctor’s opinion and the reasons for the opinion; and

(b)if practicable, tell the patient about the noncompliance and the consequences of a further noncompliance.

(3)If the patient again fails to comply with the patient’s treatment plan, the administrator of the health service may, by written notice given to the patient, order the patient attend a stated authorised mental health service on a day stated in the notice for treatment (the stated day).

(4)If the patient does not comply with the notice—

(a)a health practitioner may take the patient to the health service for treatment as soon as practicable after the stated day; and

Note—

For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(b)the patient may be detained in the health service until the treatment is provided.

(5)For subsection (4) (a), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

(6)As soon as practicable after the person’s treatment, the administrator of the health service must make arrangements for the person’s return to the place from which the person was taken for the treatment or for the person to be taken to another place the person reasonably asks to be taken.

118   Duration of order

(1)An involuntary treatment order made by a psychiatrist, or an authorised doctor and confirmed by a psychiatrist under section 112 (6), continues in force until it is revoked—

(a)by an authorised doctor for the patient’s treating health service or the director; or

(b)on a review or appeal against a review decision.

(2)However, the order ends if the patient does not receive treatment under the order for 6 months.

(3)If the administrator of the patient’s treating health service is satisfied the order has ended under subsection (2), the administrator must give written notice that the order has ended to—

(a)the patient; and

(b)the patient’s allied person; and

(c)the tribunal; and

(d)if, immediately before the order ended, chapter 7, part 2, applied to the patient—the director.

Division 2 Changing category of involuntary treatment orders

119   Change of category of order by authorised doctor

(1)An authorised doctor for the patient’s treating health service must change the category of the involuntary treatment order for the patient—

(a)if the doctor is satisfied it is necessary to make the change because of the patient’s treatment needs; or

(b)to give effect to an order of the tribunal.

(2)Also, if the category of the order is community and the patient becomes a classified patient, an authorised doctor for the patient’s treating health service must change the category of the involuntary treatment order for the patient to in-patient.

(3)The doctor must—

(a)make a written record of the change and the reasons for it; and

(b)talk to the patient about the change and the reasons for it.

Notes—

1See section 537 about complying with provisions as soon as practicable, section 538 about complying with provisions to the extent reasonably practicable and section 541A about ensuring the patient understands things told or explained to the patient.

2For a doctor’s obligations to give particular information to the patient’s personal attorney or personal guardian, see the Guardianship and Administration Act 2000 , section 76 (Health providers to give information).

(4)However, the doctor need not comply with subsection (3) (b) if—

(a)it is not reasonably practicable to do so; or

(b)the doctor reasonably believes that to do so would not be in the interests of the health or safety of the patient or the safety of others.

(5)If the category of an involuntary treatment order is changed from community to in-patient, a health practitioner may take the patient to the authorised mental health service.

Note—

For provisions about entering places, see chapter 14 (Enforcement, evidence and legal proceedings), part 2 (Entry to places).

(6)For subsection (5), the practitioner—

(a)may exercise the power with the help, and using the minimum force, that is necessary and reasonable in the circumstances; and

(b)is a public official for the Police Powers and Responsibilities Act 2000 .

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 (Helping public officials exercise powers under other Acts).

120   Notice of change of involuntary treatment order

(1)If the category of an involuntary treatment order for a patient is changed, the administrator of the authorised mental health service concerned must, within 7 days after the change is made, give written notice of the change to the following persons—

(a)the patient;

(b)the tribunal;

(c)the patient’s allied person.

(2)If the category of an involuntary treatment order for a patient is changed from community to in-patient, the notice to the tribunal must state the reasons for the change.

Note—

For an order that the category of an involuntary treatment order for a patient be changed on a review, see section 191 (Decisions on review).

Division 3 Revoking involuntary treatment orders

121   Revocation of order by authorised doctor

If an authorised doctor for an involuntary patient’s treating health service is satisfied the treatment criteria no longer apply to the patient, the doctor must revoke the involuntary treatment order for the patient.

122   Revocation of order by director

The director may, by written notice given to the administrator of an authorised mental health service, revoke an involuntary treatment order for a patient if the director is satisfied the treatment criteria no longer apply to the patient.

123   Notice of revocation of order

Within 7 days after an involuntary treatment order for a patient is revoked by an authorised doctor or the director, the administrator of the patient’s treating health service must give written notice of the revocation to the following persons—

(a)the patient;

(b)the patient’s allied person;

(c)the tribunal;

(d)the director if—

(i)the order is revoked by an authorised doctor; and

(ii)the patient is a classified patient or, immediately before the revocation, chapter 7, part 2, applied to the patient.

Note—

For notices that must be given if chapter 7 (Examinations, references and orders for persons charged with offences), part 2 (Procedures for particular involuntary patients charged with offences) no longer applies to the patient, see section 245.

Part 2    Treatment plans

Division 1 Preparing and changing treatment plans

124   Preparing treatment plan

(1)A patient’s treatment plan must state—

(a)in general terms, an outline of the proposed treatment or care to be provided in relation to the patient; and

(b)in specific terms, the method by which, the frequency with which, the place where, the duration of and the persons by whom, the treatment or care is to be provided; and

(c)the intervals for the patient’s regular assessment.

Note—

See section 116 (Regular assessments of patient).

(1A)Also, for a forensic patient, the patient’s treatment plan must include a risk management plan for the patient.

(2)Also, for a patient under the community category of an involuntary treatment order, the treatment plan for the patient must—

(a)if the patient is to be treated at a health service other than an authorised mental health service—state the health service; and

(b)if the patient is to be treated by a health practitioner who is not an employee of a public sector mental health service—state the name of the practitioner.

(3)However, the treatment plan may only state a health practitioner under subsection (2) (b) with the practitioner’s agreement.

(4)The treatment plan must take into account the following—

(a)any existing plan of treatment, or advance health directive under the Powers of Attorney Act 1998 , for the patient;

(b)for a patient transferred from the forensic disability service to an authorised mental health service—any individual development plan under the Forensic Disability Act applying to the patient immediately before the transfer.

(5)The treatment plan must be prepared having regard to any relevant policies and practice guidelines about the treatment and care of patients issued by the director under this Act.

125   Change of treatment plan by, or authorised by, doctor

(1)An authorised doctor for a patient’s treating health service may change the patient’s treatment plan or authorise a health practitioner to change the patient’s treatment plan.

existing forensic order, for a person, means a forensic order (Mental Health Court) in force, immediately before the commencement, for the person’s detention in an authorised mental health service.

607   Application for order changing existing forensic order

(1)This section applies if, immediately before the commencement, a person was subject to an existing forensic order.

(2)An application to the Mental Health Court for an order changing the existing forensic order to a forensic order (Mental Health Court—Disability) may be made by any of the following—

(a)the person to whom the existing forensic order relates, or someone else on behalf of the person;

(b)the director;

(c)the director (forensic disability);

(d)the director and the director (forensic disability) acting jointly.

(3)The application—

(a)must be in writing; and

(b)must be accompanied by sufficient documentation to enable the court to decide the application.

Examples—

•a multidisciplinary assessment of the person to whom the existing forensic order relates

•any expert report previously submitted to the court in relation to the person

•any current or proposed treatment plan, or individual development plan within the meaning of the Forensic Disability Act, for the person

•any relevant psychiatrist’s report for the person

(4)Before deciding the application, the court must give each relevant person, other than the applicant, the following—

(a)a copy of the application;

(b)an invitation to the relevant person to make submissions in writing to the court within a reasonable time about the application.

(5)However, for the person to whom the existing forensic order relates, the documents mentioned in subsection (4) must be given by the court to the director, who must then give them to the person.

(6)The court is taken to have given the documents to the person to whom the existing forensic order relates if the court has given them to the director.

(7)In this section—

relevant person means each of the following—

(a)the person to whom the existing forensic order relates;

(b)the director;

(c)the director (forensic disability);

(d)the Attorney-General.

608   Court’s powers

(1)In deciding the application, the Mental Health Court must consider whether the person’s unsoundness of mind or unfitness for trial which resulted in the existing forensic order was a consequence of an intellectual disability.

(2)The court may, by order—

(a)confirm the existing forensic order; or

(b)change the existing forensic order to a forensic order (Mental Health Court—Disability).

(3)However, the court may make an order under subsection (2) (b) only if the court considers the person’s unsoundness of mind or unfitness for trial was a consequence of an intellectual disability.

(4)Subject to subsections (5) and (6), an order made under subsection (2) (b) must also state which of the following services the person is to be detained in for care—

(a)the forensic disability service;

(b)a stated authorised mental health service.

(5)In deciding whether the person is to be detained in the forensic disability service for care, the court must have regard to the following—

(a)whether the person has an intellectual or cognitive disability within the meaning of the Forensic Disability Act but does not require involuntary treatment for a mental illness under this Act;

(b)whether the person is likely to benefit from care and support within the meaning of the Forensic Disability Act provided in the forensic disability service.

(6)The court must not decide that the person be detained in the forensic disability service for care unless a certificate given to the court under section 288AA states that the forensic disability service has the capacity for the person’s detention and care.

(7)On the making of an order under subsection (2) (b), the existing forensic order is taken to be a forensic order (Mental Health Court—Disability).

(8)To remove any doubt, it is declared that the court is not required to have regard to the matters mentioned in subsection (5) (a) and (b), or a certificate given to the court under section 288AA, in deciding whether to make an order under subsection (2).

(9)This section does not limit the court’s powers under section 288 or 289 in relation to—

(a)the existing forensic order; or

(b)the forensic order (Mental Health Court—Disability).

(10)In this section—

benefit means benefit by way of individual development and opportunities for quality of life and participation and inclusion in the community.

609   Notice of decision

The registrar must give a copy of the Mental Health Court’s decision to the following persons—

(a)the parties to the proceeding;

(b)the tribunal.

610   Relevant director to give notice of decision to relevant administrator

(1)The relevant director must give written notice of the Mental Health Court’s decision to the relevant administrator.

(2)In this section—

relevant administrator means—

(a)if the person to whom the existing forensic order relates is a patient—the administrator of the patient’s treating health service; or

(b)if the person to whom the existing forensic order relates is a forensic disability client—the administrator under the Forensic Disability Act.

relevant director means—

(a)if the person to whom the existing forensic order relates is a patient—the director; or

(b)if the person to whom the existing forensic order relates is a forensic disability client—the director (forensic disability).

611   Effect of order on existing forensic order

If there is an inconsistency between the existing forensic order and that order as changed under section 608, that order as changed under section 608 prevails to the extent of the inconsistency.

612   Appeal against Mental Health Court decision

(1)The following persons may appeal to the Court of Appeal against a decision of the Mental Health Court under section 608—

(a)the person to whom the existing forensic order relates, or someone else on behalf of the person;

(b)the director;

(c)the director (forensic disability);

(d)the director and the director (forensic disability) acting jointly.

(2)Sections 335, 336, 337(1), (2), (4) and (7) and 338 apply for the appeal.

Division 3 Other provisions

613   Declaration and validation concerning special notification forensic patients

(1)During the transitional period, section 305A is taken always to have applied in relation to a forensic patient as if the Forensic Disability Act 2011 , section 232 had commenced on 28 February 2008 immediately after the commencement of the Mental Health and Other Legislation Amendment Act 2007 , section 24.

(2)In this section—

transitional period means the period—

(a)starting immediately after the commencement of the Mental Health and Other Legislation Amendment Act 2007 , section 24; and

(b)ending at the end of the day before the commencement of the Forensic Disability Act 2011 , section 232.

614   References to forensic patient information

A reference in any Act or document to forensic patient information is, if the context permits, taken to be a reference to forensic information.

615   References to forensic patient information orders

A reference in any Act or document to a forensic patient information order is, if the context permits, taken to be a reference to a forensic information order.

616   Orders made under s 318O (1) before commencement

An order made under section 318O (1) before the commencement of this section is taken to be a forensic information order.

617   [Repealed]

Part 6    Validation provision for Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2012

618   Definition psychiatrist—retrospective operation and validation

(1)This section applies in relation to the period from the commencement of the 2010 amendment until the commencement of this section (the validation period).

Note—

The 2010 amendment commenced on 1 July 2010.

(2)It is declared that—

(a)for this Act, a person is taken to have been a psychiatrist for any time during the validation period that the person was a person mentioned in paragraph (b) of the amended definition; and

(b)anything done or omitted to be done by a person is taken to be, and to have always been, as valid and lawful as it would be, or would have been, if the amended definition had been in force throughout the validation period.

(3)In this section—

2010 amendment means the substitution of the definition psychiatrist in schedule 2 by the Health Legislation (Health Practitioner Regulation National Law) Amendment Act 2010 .

amended definition means the definition psychiatrist in the schedule as in force immediately after the commencement of this section.

Schedule Dictionary

section 10

administrator, of an authorised mental health service or a high security unit part of an authorised mental health service, means the person declared, under section 497, to be the administrator for the health service or unit.

adult guardian ...

agreement for assessment see section 49 (b).

allied person, for an involuntary patient, means the person chosen under chapter 9, part 1, to be the patient’s allied person for this Act.

ambulance officer means an ambulance officer appointed under the Ambulance Service Act 1991 , section 13.

applicant’s nominee—

(a)for chapter 7A, part 1—see section 318A; or

(b)for chapter 7A, part 2—see section 318M.

application documents, for a justices examination order, means the application for the order and any document filed or given with the application.

appointed person, for chapter 11, part 9, see section 429.

appropriately qualified, for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

approved form means a form approved under section 421, 481 or 493.

approved officer means a person appointed as an approved officer under section 500, and includes the director.

assessment, of a person, means an assessment of the person under—

(a)chapter 2, part 4; or

(b)chapter 3, part 4; or

(c) section 116.

assessment criteria see section 13.

assessment documents for—

(a)chapter 2—see section 16; or

(b)chapter 3—see section 49.

assessment period means—

(a)initially, a period of not longer than 24 hours; or

(b)if that period is extended or further extended under section 47, the extended period.

assisting psychiatrist see section 390.

associate for—

(a)chapter 6, part 5A—see section 228B (1) (b); or

(b)chapter 7, part 8A—see section 313B (1) (b).

attendance notice see section 466.

audiovisual link facilities means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.

authorised doctor, for an authorised mental health service, means a doctor who, under section 504, is or holds appointment as an authorised doctor for the health service.

authorised mental health practitioner means a health practitioner appointed as an authorised mental health practitioner under section 499.

authorised mental health service—

(a)generally—means a mental health service declared under section 495 to be an authorised mental health service; or

(b)for chapter 2—see section 15.

authorised officer, for a high security unit, means—

(a)a health practitioner providing mental health services at the unit; or

(b)a security officer for the unit.

authorised person for—

(a)chapter 10—see section 348; or

(b)chapter 14, part 2—see section 510.

authorised psychiatrist means a psychiatrist who is an authorised doctor for an authorised mental health service.

brief of evidence means—

(a)a brief of evidence compiled by the prosecuting authority that includes any of the following—

(i)an indictment or bench charge sheets;

(ii)summaries or particulars of allegations;

(iii)witness statements;

(iv)exhibits;

(v)transcripts of proceedings;

(vi)a record of interview or transcript of a record of interview;

(vii)a person’s criminal history; or

(b)an expert’s report or medical record.

capacity, for a person, means the person is capable of—

(a)understanding the nature and effect of decisions about the person’s assessment, treatment, care or choosing of an allied person; and

(b)freely and voluntarily making decisions about the person’s assessment, treatment, care or choosing of an allied person; and

(c)communicating the decisions in some way.

care includes the provision of rehabilitation, habilitation, support and other services.

carer, of a patient, means a person who—

(a)provides domestic services and support to the patient; or

(b)arranges for the patient to be provided with domestic services and support.

category, of an involuntary treatment order, means in-patient category or community category decided under section 109.

change, a condition, includes impose a condition.

charge, for an indictable offence, includes committed for trial or sentence for the offence.

chief executive (forensic disability) means the chief executive of the department in which the Forensic Disability Act 2011 is administered.

chief executive for justice means the chief executive of the department in which the Criminal Code is administered.

chief executive for young people means the chief executive of the department for whom a representative may, under the Childrens Court Act 1992 , section 20, be present at a proceeding before the Childrens Court in relation to a child.

child see Youth Justice Act 1992 , schedule 4.

classified patient means a person who, under section 69, is a classified patient.

classified patient information, for chapter 7A, part 1, see section 318A.

classified patient information order see section 318C (1).

close friend, of a person, means a person with whom the first person has a close relationship.

commencement—

(a)for chapter 16, part 3—see section 589; or

(b)for chapter 16, part 4—see section 594.

complaint includes information and charge.

concerned person—

(a)for chapter 7, part 6, divisions 6 and 7—see section 284 (1); or

(b)for chapter 12, part 6—see section 464 (1).

confidentiality order, for—

(a)the Mental Health Court—see section 426 (1); or

(b)the tribunal—see section 458.

constituting judge ...

contact a person, for chapter 6, part 5A or chapter 7, part 8A, means—

(a)intentionally initiate contact with the person in any way, including for example, by phone, mail, fax, email or other technology; or

(b)intentionally follow, loiter near, watch or approach the person; or

(c)intentionally loiter near, watch, approach or enter a place where the person lives, works or visits.

correctional officer means a corrective services officer under the Corrective Services Act 2006 .

corresponding law means a law of another State that is declared under a regulation to be a corresponding law for this Act.

court includes justices conducting committal proceedings.

court assessment order see section 58.

court examination order see section 422 (1).

court rule means a rule made under section 419.

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and—

(a)despite sections 6, 8 and 9 of that Act, includes a conviction of the person to which any of the sections applies; and

(b)despite section 5 of that Act, includes a charge made against the person for an offence.

custodian, for a person in lawful custody, means the person having the custody of the person.

custodian’s assessment authority see section 65 (1).

custody order see section 299 (b) (ii).

de facto spouse ...

detention centre means a detention centre established under the Youth Justice Act 1992 .

detention centre officer means a person authorised under the Youth Justice Act 1992 , section 264, to exercise powers of a detention centre officer under this Act.

diminished responsibility means the state of abnormality of mind described in the Criminal Code, section 304A.

Note—

The state of mind is described in the Criminal Code, section 304A (1).

director means the Director of Mental Health appointed under this Act.

director (forensic disability) means the director under the Forensic Disability Act.

director of public prosecutions means the Director of Public Prosecutions, or a deputy director of public prosecutions, appointed under the Director of Public Prosecutions Act 1984 .

direct victim, of an alleged offence, means a person against whom the alleged offence was allegedly committed.

electroconvulsive therapy means the application of electric current to specific areas of the head to produce a generalised seizure that is modified by general anaesthesia and the administration of a muscle relaxing agent.

eligible person, for chapter 7A, part 2, see section 318M.

emergency examination order means—

(a)an emergency examination order (police or ambulance officer); or

(b)an emergency examination order (psychiatrist).

emergency examination order (police or ambulance officer) see section 35 (1).

emergency examination order (psychiatrist) see section 38 (1).

entry, of a person to a high security unit, includes re-entry to the unit.

examination order means a justices or emergency examination order.

examination time see sections 36 (1) and 40 (1).

examining practitioner see section 422 (1).

executive officer means the executive officer of the tribunal.

expert’s report, for chapter 7, part 9, see section 314.

fit for trial, for a person, means fit to plead at the person’s trial and to instruct counsel and endure the person’s trial, with serious adverse consequences to the person’s mental condition unlikely.

force, for taking a person to an authorised mental health service, includes the use of physical restraint.

Forensic Disability Act means the Forensic Disability Act 2011 .

forensic disability client see the Forensic Disability Act, section 10.

forensic disability service means the forensic disability service under the Forensic Disability Act.

forensic information, for chapter 7A, part 2, see section 318M.

forensic information order see section 318O (1).

forensic order means—

(a)a forensic order (Criminal Code); or

(b)a forensic order (Mental Health Court); or

(c)a forensic order (Mental Health Court—Disability); or

(d)a forensic order (Minister).

forensic order (Criminal Code) see section 299 (b) (i).

forensic order (Mental Health Court) see section 288 (2) and (3).

forensic order (Mental Health Court—Disability) see section 288 (2) and (3).

forensic order (Minister) see section 302 (2).

forensic patient means a person who is, or is liable to be, detained in an authorised mental health service under a forensic order.

forensic patient information ...

forensic patient information order ...

guardian means a person who is recognised in law as having all the duties, powers, responsibilities and authority that, by law, parents have in relation to their children.

harmful thing means anything—

(a)that may be used to—

(i)threaten the security or good order of an authorised mental health service; or

(ii)threaten a person’s health or safety; or

(b)that, if used by a patient in an authorised mental health service, is likely to adversely affect the patient’s treatment or care.

Examples of harmful things—

1a gun or replica of a gun

2a dangerous drug

3alcohol

4medication

health practitioner means—

(a)a doctor, registered nurse, occupational therapist or psychologist or a social worker engaged in providing health services; or

(b)a person appointed under section 505A (1).

health service means a service for maintaining, improving and restoring people’s health and wellbeing, and includes a community health facility.

health service employee, for an authorised mental health service, means—

(a)a health practitioner employed at the health service; or

(b)a person employed at the health service to perform administrative functions relating to the assessment, treatment or care of persons who have mental illnesses.

hearing, means—

(a)for the tribunal—

(i)the hearing for a review, treatment application or application for a forensic information order; or

(ii)the hearing of an application for approval for a patient to move out of Queensland; or

(iii)the hearing of an appeal against a decision to exclude a visitor from an authorised mental health service; or

(iv)the hearing of an appeal against a decision to refuse to allow a person to visit a forensic disability client in the forensic disability service; or

(v)the hearing of an application for a transfer order; or

(vi)the hearing of an application for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service; or

(b)for the Mental Health Court—

(i)the hearing of an appeal against a decision of the tribunal under chapter 5, part 1, division 2A for a transfer order for a patient; or

(ii)the hearing of an appeal against a review decision or a treatment application; or

(iii)the hearing of a reference or withdrawal of a reference; or

(iv)the hearing of an application under section 607 to change a patient’s forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability).

high security unit means a public sector mental health service, or part of a public sector mental health service, declared under section 496 to be a high security unit.

immediate family member, of a direct victim of an alleged offence, means the direct victim’s spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent, guardian or personal guardian.

informed consent means consent under chapter 4, part 3, division 1.

inspect, a thing, includes open the thing and examine its contents.

intellectual disability includes a cognitive disability.

interested person, for a non-contact order, means any of the following persons named in the order—

(a)a person in whose favour the order is made;

(b)the person against whom the order is made.

interstate agreement means an agreement under section 176.

interstate authority, for an interstate mental health service, means a person performing a similar or corresponding function to the administrator of an authorised mental health service.

interstate mental health service means a health service in which a person in a participating State may be detained under a corresponding law of that State.

interstate order, means an order under a corresponding law of another State that is declared under a regulation to be an interstate order for this Act.

involuntary patient means a person—

(a)who is, or is liable to be, detained, under chapter 2, part 4, in an authorised mental health service for assessment; or

(b)for whom an involuntary treatment order is in force; or

(c)who is a classified or forensic patient.

involuntary treatment order see section 108 (1).

justice of the peace means a justice of the peace (magistrates court) or a justice of the peace (qualified) under the Justices of the Peace and Commissioners for Declarations Act 1991 .

justice of the peace (qualified) ...

justices examination order see section 27 (1).

less restrictive, for assessment, treatment or care of an involuntary patient, means assessment, treatment or care of the level that—

(a)maximises the opportunity for positive outcomes; and

(b)ensures the protection of the patient and the community; and

(c)having regard to paragraphs (a) and (b), imposes the minimum limits on the freedom of the patient.

limited community treatment, for a patient, means undertaking some treatment or care in the community other than under the community category of an involuntary treatment order.

mechanical restraint see section 162A.

member means a member of the tribunal, and includes the president.

Mental Health Court means the Mental Health Court established under section 381 (1).

mental illness see section 12.

monitoring condition see section 131A (3).

non-contact order means an order in force under chapter 6, part 5A or chapter 7, part 8A, and includes an order of a Magistrates Court varying a non-contact order.

notification order ...

obstruct includes hinder, resist and attempt to obstruct.

occupational therapist means a person registered under the Health Practitioner Regulation National Law to practise, other than as a student, in the occupational therapy profession.

occupier, of place, includes the person apparently in charge of the place.

offence for—

(a)chapter 3, part 2, division 2—see section 60; or

(b)chapter 7—see section 235.

original psychiatrist’s report, for chapter 7, see section 235.

parole means parole under the Corrective Services Act 2006 , chapter 5, part 1, and for a child includes release under a supervised release order under the Youth Justice Act 1992 , section 228.

participating State means a State—

(a)in which a corresponding law is in force; and

(b)with which an interstate agreement is in force.

party means—

(a)for an appeal to the tribunal against a decision of the administrator of an authorised mental health service under chapter 10, part 4 to refuse to allow a person to visit a patient in the health service—the appellant or the administrator of the health service; or

(b)for an appeal to the tribunal against a decision of the administrator of the forensic disability service under the Forensic Disability Act to refuse to allow a person to visit a forensic disability client in that service—the appellant or the administrator of that service; or

(ba)for an appeal under section 493AH against an order of the director to suspend limited community treatment for a patient—the appellant or the director; or

(c)for another proceeding in the tribunal—a person who, under chapter 12, part 4, has a right to appear in person at the hearing of the proceeding, regardless of whether the person appears or is represented at the hearing; or

(d)for a proceeding in the Mental Health Court on an appeal against a review decision, a decision on a treatment application, a decision under chapter 5, part 1, division 2A for a transfer order for a patient or a decision on an application under that part, division 3 for approval that a patient move out of Queensland—

(i)a party to the proceeding in the tribunal for the review or application; or

(ii)the director, if the director is the appellant or elects to become a party to the proceeding; or

(e)for a proceeding in the Mental Health Court on an appeal against a decision on an application under chapter 5, part 1, division 2A for an order for the transfer of a forensic disability client from the forensic disability service to an authorised mental health service—

(i)a party to the proceeding in the tribunal for the application; or

(ii)the director, if the director is the appellant or elects to become a party to the proceeding; or

(iii)the director (forensic disability), if that director elects to become a party to the proceeding; or

(f)for a proceeding in the Mental Health Court on a reference not mentioned in paragraph (g)—

(i)the person the subject of the reference; or

(ii)the director; or

(iii)the director of public prosecutions; or

(g)for a proceeding in the Mental Health Court on a reference about a person who has an intellectual disability—

(i)the person the subject of the reference; or

(ii)the director, if the director elects to become a party to the proceeding; or

(iii)the director (forensic disability), if that director elects to become a party to the proceeding; or

(iv)the director of public prosecutions; or

(h)for a proceeding in the Mental Health Court on an application to withdraw a reference—the parties to the proceeding for the reference; or

(i)for a proceeding in the Mental Health Court on an application to inquire into a patient’s detention in an authorised mental health service—

(i)the patient; or

(ii)the applicant; or

(iii)the director; or

(j)for a proceeding in the Mental Health Court on an application to inquire into a forensic disability client’s detention in the forensic disability service—

(i)the forensic disability client; or

(ii)the applicant; or

(iii)the director (forensic disability); or

(k)for a proceeding in the Mental Health Court on an application under section 607 to change a person’s forensic order (Mental Health Court) to a forensic order (Mental Health Court—Disability)—

(i)the person to whom the existing forensic order relates, or someone else on behalf of the person; or

(ii)the director; or

(iii)the director (forensic disability); or

(iv)the director and the director (forensic disability) acting jointly; or

(v)the Attorney-General.

patient—

(a)for chapter 8, part 1—see section 318ZC; or

(b)for chapter 10, part 3—see section 351; or

(c)for chapter 14, part 2—see section 510; or

(d)for chapter 14, part 6—see section 531; or

(e)elsewhere—means—

(i)an involuntary patient; or

(ii)a person detained or liable to be detained in an authorised mental health service under a court order under section 101 (2), 273 (1) (b) or 337 (6).

personal attorney means an attorney for a personal matter under the Powers of Attorney Act 1998 .

personal guardian means a guardian for a personal matter under the Guardianship and Administration Act 2000 .

personal offence means an indictable offence committed, or alleged to have been committed, against the person of someone.

person in lawful custody means—

(a)a person who is held in lawful custody, or lawfully detained, without charge under an Act of the State or the Commonwealth prescribed under a regulation for section 64 (3); or

(b)a person who is detained in lawful custody on a charge of an offence or awaiting sentence on conviction of an offence; or

(c)a person who is serving a sentence of imprisonment or period of detention under a court order and is not released on parole.

place includes the following—

(a)vacant land;

(b)premises;

(c)a vehicle;

(d)a boat;

(e)an aircraft.

postal article includes a postal article carried by a courier service.

post-amended Act—

(a)for chapter 16, part 3—see section 589; or

(b)for chapter 16, part 4—see section 594.

pre-amended Act—

(a)for chapter 16, part 3—see section 589; or

(b)for chapter 16, part 4—see section 594.

premises includes the following—

(a)a building or structure of any kind;

(b)part of a building or structure of any kind;

(c)the land on which a building or structure is situated.

president means the president of the tribunal.

presiding member, for a tribunal hearing, means the tribunal member who, under section 449 is the presiding member of the tribunal for the hearing.

proceeding means—

(a)for a provision relating to the Mental Health Court—a proceeding in the court; or

(b)for a provision relating to the tribunal—a proceeding in the tribunal.

prosecuting authority, for an offence, means the commissioner of the police service, director of public prosecutions or other entity responsible for prosecuting the proceeding for the offence.

psychiatrist means—

(a)a person registered under the Health Practitioner Regulation National Law to practise in the medical profession as a specialist registrant in the speciality of psychiatry, other than as a student; or

(b)a person registered under the Health Practitioner Regulation National Law with limited registration to practise in an area of need in a specialist position in psychiatry.

psychiatrist’s report, for chapter 7, part 3, see section 245B.

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.

psychosurgery means a neurosurgical procedure to diagnose or treat a mental illness, but does not include a surgical procedure for treating epilepsy, Parkinson’s disease or another neurological disorder.

public guardian means the public guardian under the Public Guardian Act 2014.

public place means any place the public is entitled to use or is open to, or used by, the public (whether or not on payment of an admission fee).

public sector health service see the Hospital and Health Boards Act 2011 , schedule 2.

public sector hospital see the Hospital and Health Boards Act 2011 , schedule 2.

public sector mental health service means an authorised mental health service that is a public sector health service.

publish means publish to the public by way of television, newspaper, radio, the internet or other form of communication.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

recommendation for assessment for—

(a)chapter 2—see section 16 (b); or

(b)chapter 3—see section 49 (a).

reference means a reference, under section 62, 240, 247 or 257, to the Mental Health Court of a person’s mental condition relating to an offence.

registered nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing and midwifery profession as a nurse, other than as a student; and

(b)in the registered nurses division of that profession.

registrar means the registrar of the Mental Health Court.

registry means the Mental Health Court Registry.

related risk see section 493AC (1) (b).

relative, of a person, means—

(a)the person’s spouse; or

(b)a child, grandchild, parent, brother, sister, grandparent, aunt or uncle (whether of whole or half-blood) of the person or the person’s spouse.

relevant offence, for chapter 6, part 4, see section 208.

relevant patient means any of the following—

(a)a classified patient;

(b)a forensic patient;

(c)a patient for whom the Mental Health Court has made an order under section 273 (1) (b).

report, for chapter 14, part 5, see section 523.

request for assessment see section 16 (a).

review means a review by the tribunal under chapter 6.

review decision means a decision on a review.

searcher, for chapter 10, part 3, see section 357 (1).

seclusion see section 162J.

section 613 finding see section 299 (a) (i).

section 645 finding see section 299 (a) (ii).

section 647 finding see section 299 (a) (iii).

security officer, for a high security unit, means a person appointed to an office at the unit to provide security services, regardless of how the person’s office is described.

seizure provisions, for chapter 10, see section 348.

senior registered nurse on duty, for a patient in an in-patient facility of an authorised mental health service, means the senior registered nurse on duty in the ward in which the patient is being treated.

significant matter see section 493AC (1) (a).

special notification forensic patient see section 305A.

spouse ...

statement of rights see section 344 (1).

transfer order, other than in sections 126, 165 and 166, means an order made by—

(a)the director under section 169A or 602; or

(b)the tribunal or the Mental Health Court;

for the transfer of a patient from an authorised mental health service to the forensic disability service.

treating health service, for a patient, means—

(a)the authorised mental health service stated in—

(i)the involuntary treatment order for the patient; or

(ii)the court assessment order or custodian’s authority for assessment for the patient; or

(iii)the forensic order for the patient; or

(iv)the court order for the patient under section 101 (2), 273 (1) (b) or 337 (6); or

(v)if a court examination order is in force for the patient—the order; or

(b)another authorised mental health service to which the patient is transferred.

treatment, of a person who has a mental illness, means anything done, or to be done, with the intention of having a therapeutic effect on the person’s illness.

treatment application means an application under chapter 6, part 6, for approval for treatment of a person.

treatment criteria see section 14.

treatment plan, for an involuntary patient, means the treatment plan prepared under chapter 4, part 2, for the patient.

tribunal means the Mental Health Review Tribunal established under section 436 (1).

tribunal rule means a rule made under section 479.

unlawfully means without authority under this Act or other legal authority, justification or excuse.

unsound mind means the state of mental disease or natural mental infirmity described in the Criminal Code, section 27, but does not include a state of mind resulting, to any extent, from intentional intoxication or stupefaction alone or in combination with some other agent at or about the time of the alleged offence.

Note—

The Criminal Code, section 27 (Insanity) deals with criminal responsibility and mental disease or infirmity.

young patient means an involuntary patient who is under 17 years.

young person means an individual who is under 17 years.

victim, of an alleged offence, means—

(a)a direct victim of the alleged offence; or

(b)an immediate family member of a direct victim of the alleged offence.

visitor means a person who—

(a)is visiting a high security unit or a patient in a high security unit; or

(b)seeks entry to a high security unit.

Attachment

section 7

Abbreviations used in the flowcharts in this attachment—
AMHP	=	Authorised Mental Health Practitioner
AMHS	=	Authorised Mental Health Service
DMH	=	Director of Mental Health
ITO	=	Involuntary Treatment Order
MHC	=	Mental Health Court
MHRT	=	Mental Health Review Tribunal