Mental Health Services Act Amendment Act 1987 (Qld)

136 ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 11 of i 7 An Act to amend the Mental Health Services Act 1974- 1984 in certain particulars [ASSENTED TO 15TH APRIL, 1987]

Mental Health Services Act Amendment Act 1987, No. 11 137 BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and, by the authority of the same , as follows:- 1. Short title. This Act may be cited as the Mental Health Services Act Amendment Act 1987. 2. Citation . (1) In this Act the Mental Health Services Act 1974- 1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Mental Health Services Act 1974-1987. 3. Amendment of s. 29A. Persons charged with simple offences mentally ill. Section 29A of the Principal Act is amended in subsection (1) by adding at the end of the definition "simple offence" the words "and includes a regulatory offence". 4. Amendment of s. 33. Procedures of Mental Health Tribunal. Section 33 of the Principal Act is amended in subsection (2) by inserting after the words "the facts" the words "of or connected with the alleged offence or of the involvement therein of the person in question". 5. Amendment of s. 36 . Review of patient detained as restricted patient under this Part. Section 36 of the Principal Act is amended by- (a) inserting after the words "where a patient is" the words "liable to be"; (b) inserting after the word "Tribunal", where it occurs in paragraph (c), the words ", by writing under the hand of its chairman,". 6. New s. 46A. The Principal Act is amended by inserting after section 46 the following section:- "46A. Leave of absence for detainees under s. 18 of The Criminal Law AmendmentAct 1945. Where, pursuant to section 18 of The Criminal Law Amendment Act of 1945, a person is detained in an institution as defined in that section, whether for a period directed by a judge or during Her Majesty's pleasure, the Governor in Council, may, without prejudice to the requirement of any Act or law that the person serve any sentence of imprisonment imposed on him; and on the recommendation of two psychiatrists nominated by the Director for the purpose made by them after investigation of the person, release the person on leave of absence subject to such terms and conditions as may be prescribed or as may be fixed by the Governor in Council (in addition to or in lieu of prescribed

138 Mental Health Services Act Amendment Act 1987, No. 11 terms and conditions or any of them) including terms and conditions relating to the apprehension and return to detention of the person for breach of any prescribed or fixed term or condition.". 7. Repeal of and new s. 69A. The Principal Act is amended by repealing section 69A and substituting the following section:- "69A. Nature of proceedings before Mental Health Tribunal. (1) Proceedings before the Mental Health Tribunal shall be deemed to be judicial proceedings. (2) Unless the Judge conducting the tribunal determines otherwise in the case of a particular witness, oral evidence of a witness appearing before the Mental Health Tribunal shall be given upon oath, affirmation or declaration or under some other sanction authorized by law. (3) The provisions of this section shall not be construed to prejudice the exercise by the Mental Health Tribunal of powers exerciseable by it as a Commission of Inquiry pursuant to section 28c (4) or the exercise by the Judge constituting the tribunal of powers exerciseable by him as chairman of such a Commission.".