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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MENTAL HEALTH
AMENDMENT BILL 1997
Queensland
MENTAL HEALTH AMENDMENT BILL
1997
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 33A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
33A Procedure on finding of unsoundness of mind . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
34A Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Replacement of pt 8 heading (Transitional provisions) . . . . . . . . . . . . . . . . 6
PART 8--TRANSITIONAL AND VALIDATION PROVISIONS
7 Insertion of new s 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
80 Validation of certain orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1997
A BILL
FOR
An act to amend the Mental Health Act 1974
s1 4 s4
Mental Health Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Mental Health Amendment Act 1997. 3
amended 4
Act
Clause 2. This Act amends the Mental Health Act 1974. 5
of s 5 (Interpretation) 6
Amendment
Clause 3. Section 5(1)-- 7
insert-- 8
` "health service employee" see Health Services Act 1991, section 2.1'. 9
of new s 33A 10
Insertion
Clause 4. After section 33-- 11
insert-- 12
on finding of unsoundness of mind 13
`Procedure
`33A.(1) If, under section 33, the Mental Health Tribunal finds that a 14
person charged with an offence was, at the time the alleged offence was 15
committed, suffering from unsoundness of mind, the tribunal must order 16
the person be detained as a restricted patient under this part in a security 17
patients' hospital or in another hospital. 18
`(2) The order is lawful authority to all police officers, employees of the 19
hospital and health service employees, using reasonable force-- 20
1 Under the Health Services Act 1991, section 5, the chief executive may appoint
persons in the department as health service employees for the delivery of public
sector health services.
s5 5 s5
Mental Health Amendment
(a) to take the person to the hospital; and 1
(b) to detain the person under the order.'. 2
of new s 34A 3
Insertion
Clause 5. After section 34-- 4
insert-- 5
of absence 6
`Leave
`34A.(1) This section applies if, under section 33A or 34, the Mental 7
Health Tribunal orders a person's detention as a restricted patient under this 8
part in a security patients' hospital or in another hospital. 9
`(2) The tribunal may, by order, grant the patient leave of absence from 10
the hospital if it is satisfied the patient can be released having regard to the 11
interests of the patient's own welfare and the protection of other persons. 12
`(3) The leave of absence may be granted on the conditions the tribunal 13
considers appropriate. 14
`(4) The conditions must be stated in the order. 15
`(5) The leave of absence takes effect immediately on the making of the 16
order and continues in force until-- 17
(a) a Patient Review Tribunal reviews the patient's liability to be 18
detained as a restricted patient under this part; or 19
(b) the leave of absence is revoked, under the conditions stated in the 20
order granting the leave of absence, by-- 21
(i) the hospital administrator for the hospital stated in the order 22
or another hospital to which the patient is transferred; or 23
(ii) the designated medical practitioner for the patient; or 24
(iii) the director. 25
`(6) At any time after revocation of the leave of absence, the designated 26
medical practitioner for the patient may, by written notice, grant the patient 27
fresh leave of absence if the practitioner is satisfied the patient can be 28
released having regard to the interests of the patient's own welfare and the 29
s6 6 s7
Mental Health Amendment
protection of other persons.2 1
`(7) Leave of absence under subsection (6) must be granted on the same 2
conditions as stated in the Mental Health Tribunal's order.'. 3
of pt 8 heading (Transitional provisions) 4
Replacement
Clause 6. Part 8, heading-- 5
omit, insert-- 6
ART 8--TRANSITIONAL AND VALIDATION 7
`P
PROVISIONS'. 8
of new s 80 9
Insertion
Clause 7. After section 79-- 10
insert-- 11
of certain orders 12
`Validation
`80.(1) In this section-- 13
"health service employee" includes an employee of-- 14
(a) a hospitals board formerly established under the repealed 15
Hospitals Act 1936; and 16
(b) a regional health authority formerly established under the Health 17
Services Act 1991. 18
`(2) This section applies if, before the commencement of this section-- 19
(a) the Mental Health Tribunal found that a person charged with an 20
offence was, at the time the alleged offence was committed, 21
suffering from unsoundness of mind; and 22
(b) the tribunal made either or both of the following orders-- 23
(i) an order that the person be detained, or liable to be detained, 24
as a restricted patient in a security patients' hospital or 25
2 Also, the patient may be released, including on leave of absence, by a Tribunal
under section 36(b) (Review of patient detained as restricted patient under this
part).
s7 7 s7
Mental Health Amendment
another hospital; 1
(ii) an order granting the person leave of absence from the 2
hospital. 3
`(3) It is declared that an order mentioned in subsection (2)(b)-- 4
(a) is, and from the time of the order's making was, for 5
section 28C(1), taken to have been validly made to give effect to 6
the tribunal's finding; and 7
(b) is, and from the time of the order's making was, lawful authority 8
to all police officers, employees of the hospital and health service 9
employees, using reasonable force-- 10
(i) to take the person to the hospital; and 11
(ii) to detain the person under the order. 12
`(4) This section has effect whether the order purports to have been made 13
under section 28C or another section of this Act. 14
`(5) This section expires the day after it commences.'. 15
16
© State of Queensland 1997
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