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Queensland
Mental Health and Other
Legislation Amendment
Bill 2007
Queensland
Mental Health and Other Legislation
Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Mental Health Act 2000
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 70 (Giving information about detention) . . . . . . 8
5 Amendment of s 124 (Preparing treatment plan) . . . . . . . . . . . . . 9
6 Amendment of s 129 (Authorising limited community treatment) . 9
7 Amendment of s 203 (Decisions on review) . . . . . . . . . . . . . . . . . 10
8 Insertion of new s 203A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
203A Tribunal may order examination etc.. . . . . . . . . . . . . . 10
9 Omission of ch 6, pt 5 (Notification orders) . . . . . . . . . . . . . . . . . 10
10 Amendment of s 235 (Definition for ch 7) . . . . . . . . . . . . . . . . . . . 11
11 Insertion of new s 235A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
235A References to director of public prosecutions . . . . . . 11
12 Insertion of new s 237A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
237A Copies of particular documents may be requested
from commissioner of the police service or director
of public prosecutions. . . . . . . . . . . . . . . . . . . . . . . . . 11
13 Amendment of s 239 (Reports on examination). . . . . . . . . . . . . . 13
14 Insertion of new s 239A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
239A Obtaining another psychiatrist's report. . . . . . . . . . . . 13
15 Amendment of s 240 (Director to refer patient's mental
condition to Mental Health Court or Attorney-General) . . . . . . . . 14
16 Amendment of s 241 (Director may defer reference) . . . . . . . . . . 15
17 Amendment of s 242 (Reference to Mental Health Court or
Attorney-General). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Mental Health and Other Legislation Amendment
Bill 2007
18 Insertion of new s 245B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
245B Definition for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Amendment of s 247 (Attorney-General's powers on reference) . 16
20 Amendment of s 249 (How reference to Mental Health Court is
made) ........................................ 16
21 Insertion of new s 252A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
252A Continuation of proceedings. . . . . . . . . . . . . . . . . . . . 17
22 Amendment of s 253 (When patient ceases to be classified
patient) ........................................ 17
23 Amendment of s 264 (Notices of reference). . . . . . . . . . . . . . . . . 18
24 Insertion of new s 305A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
305A Meaning of special notification forensic patient . . . . . 18
25 Insertion of new s 309A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
309A Policies and practice guidelines about treatment and
care of forensic patients etc.. . . . . . . . . . . . . . . . . . . . 19
26 Renumbering of s 318A (Definition of patient for pt 1) . . . . . . . . . 19
27 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Chapter 7A Classified patient information orders and
forensic patient information orders
Part 1 Classified patient information orders
Division 1 Interpretation
318A Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
318B Reference to person for whom a classified patient
information order is made. . . . . . . . . . . . . . . . . . . . . . 20
Division 2 Making of classified patient information orders
318C Director may make classified patient information
order ................................ 20
318D Application by minor . . . . . . . . . . . . . . . . . . . . . . . . . . 23
318E Restriction on making classified patient information
order .............................. 23
318F Patient to be given opportunity to make submission . 24
318G Notice of decision on application . . . . . . . . . . . . . . . . 24
318H Nominee to receive classified patient information . . . 25
Division 3 Revocation of classified patient information
orders
318I Mandatory revocation . . . . . . . . . . . . . . . . . . . . . . . . . 26
318J Discretionary revocation . . . . . . . . . . . . . . . . . . . . . . . 26
318K Notice of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4 Miscellaneous
3
Mental Health and Other Legislation Amendment
Bill 2007
318L Disclosure of confidential information. . . . . . . . . . . . . 27
Part 2 Forensic patient information orders
Division 1 Interpretation
318M Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
318N Reference to person for whom a forensic patient
information order is made. . . . . . . . . . . . . . . . . . . . . . 28
Division 2 Making of forensic patient information orders
318O Tribunal may make forensic patient information order 28
318P Application by minor . . . . . . . . . . . . . . . . . . . . . . . . . . 31
318Q Application by person who is not an eligible person. . 31
318R Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 32
318S Restrictions on making forensic patient information
order ............................. 32
318T Tribunal may impose conditions . . . . . . . . . . . . . . . . . 33
318U Notice of decision on application . . . . . . . . . . . . . . . . 33
318V Nominee to receive forensic patient information . . . . 34
Division 3 Changing conditions of forensic patient
information orders
318W Changing conditions--tribunal acting on own
initiative ............................ 35
318X Changing conditions--application by relevant person 37
Division 4 Revocation of forensic patient information
orders
318Y Mandatory revocation . . . . . . . . . . . . . . . . . . . . . . . . . 39
318Z Discretionary revocation . . . . . . . . . . . . . . . . . . . . . . . 40
318ZA Notice of revocation . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 5 Miscellaneous
318ZB Disclosure of confidential information. . . . . . . . . . . . . 41
28 Amendment of s 458 (Confidentiality orders) . . . . . . . . . . . . . . . . 42
29 Amendment of s 463 (Tribunal may adjourn hearings). . . . . . . . . 43
30 Amendment of s 464 (Submission and consideration of material
submitted by victim or concerned person etc.). . . . . . . . . . . . . . . 43
31 Replacement of s 465 (Reasons for decision about material
submitted by victim or concerned person) . . . . . . . . . . . . . . . . . . 43
465 Reasons for decision about material submitted by
victim or concerned person etc. . . . . . . . . . . . . . . . . . 44
32 Amendment of s 489 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 45
33 Insertion of new s 493A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
4
Mental Health and Other Legislation Amendment
Bill 2007
493A Policies and practice guidelines about treatment and
care of patients, other than forensic patients . . . . . . . 45
34 Insertion of new s 498A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
498A Administrator's obligation to ensure policies and
practice guidelines are given effect . . . . . . . . . . . . . . 46
35 Insertion of new ch 16, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Part 4 Transitional provisions for Mental Health and
Other Legislation Amendment Act 2007
594 Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
595 Notification order about a forensic patient . . . . . . . . . 47
596 Existing application for a notification order about a
forensic patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
597 Existing application to change conditions of
notification order about a forensic patient. . . . . . . . . . 47
598 Existing application to revoke notification order
about a forensic patient . . . . . . . . . . . . . . . . . . . . . . . 48
599 Outstanding references to Attorney-General . . . . . . . 48
600 Material submitted to tribunal by victim or concerned
person etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
601 Reasons etc. for tribunal's decision before the
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
36 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 3 Amendment of Coroners Act 2003
37 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
38 Amendment of s 25 (Autopsy reports) . . . . . . . . . . . . . . . . . . . . . 51
Part 4 Amendment of Food Act 2006
39 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
40 Insertion of new ss 297 and 298 . . . . . . . . . . . . . . . . . . . . . . . . . 51
297 Application of requirements about food safety
supervisor and food safety program to existing
licensees ............................. 52
298 No offence committed against food safety supervisor
or food safety program provisions before 1 July 2008 52
Part 5 Amendment of Health Quality and Complaints Commission
Act 2006
41 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
42 Amendment of s 93 (Conciliation of investigated health service
complaint). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 6 Amendment of Health Services Act 1991
43 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5
Mental Health and Other Legislation Amendment
Bill 2007
44 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 53
45 Amendment of s 28N (Appointment of members) . . . . . . . . . . . . 53
46 Amendment of s 37 (Further responsibilities of committees) . . . . 54
47 Amendment of s 51 (Prohibition of smoking) . . . . . . . . . . . . . . . . 54
48 Replacement of s 57C (Function of chief health officer) . . . . . . . 54
57C Functions of chief health officer . . . . . . . . . . . . . . . . . 54
Part 7 Amendment of Health Services Amendment Act 2006
49 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
50 Omission of s 22 (Amendment of s 57C of the Health Services
Act 1991) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 8 Amendment of Medical Practitioners Registration Act 2001
51 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
52 Amendment of s 270 (Provision of certain professional services
by interstate practitioners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 9 Amendment of Nursing Act 1992
53 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
54 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
42A Minister's power to give directions . . . . . . . . . . . . . . . 56
Part 10 Amendment of Public Health Act 2005
55 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
56 Amendment of s 149 (Meaning of health care facility) . . . . . . . . . 57
57 Amendment of s 153 (Obligation of owner for ICMP) . . . . . . . . . . 57
58 Amendment of s 154 (Obligation of owner/operator for ICMP). . . 58
Part 11 Amendment of Tobacco and Other Smoking Products Act
1998
59 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
60 Amendment of s 15A (Person in charge of tobacco product
vending machine in bar area or gaming machine area must
instruct employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
61 Amendment of s 26S (No smoking sign) . . . . . . . . . . . . . . . . . . . 59
62 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 59
Schedule Consequential amendments of Mental Health Act 2000 . . . . 60
2007
A Bill
for
An Act to amend the Mental Health Act 2000 and other Acts
administered by the Minister for Health, and for related
purposes
s1 8 s4
Mental Health and Other Legislation Amendment
Bill 2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Mental Health and Other 4
Legislation Amendment Act 2007. 5
Clause 2 Commencement 6
(1) Part 4 commences on 23 February 2008. 7
(2) Part 2 and the schedule commence on a day to be fixed by 8
proclamation. 9
Part 2 Amendment of Mental Health 10
Act 2000 11
Clause 3 Act amended in pt 2 and schedule 12
This part and the schedule amend the Mental Health Act 2000. 13
Clause 4 Amendment of s 70 (Giving information about detention) 14
Section 70-- 15
insert-- 16
`(4) Also, the director may give written notice of the patient's 17
detention as a classified patient to any person who the director 18
reasonably believes may apply, under section 318C, for a 19
classified patient information order about the patient.'. 20
s5 9 s6
Mental Health and Other Legislation Amendment
Bill 2007
Clause 5 Amendment of s 124 (Preparing treatment plan) 1
Section 124-- 2
insert-- 3
`(1A) Also, for a forensic patient, the patient's treatment plan must 4
include a risk management plan for the patient. 5
`(5) The treatment plan must be prepared having regard to any 6
relevant policies and practice guidelines about the treatment 7
and care of patients issued by the director under this Act.'. 8
Clause 6 Amendment of s 129 (Authorising limited community 9
treatment) 10
(1) Section 129(3)-- 11
omit, insert-- 12
`(3) The director must not give an approval under subsection 13
(2)(b) unless the director is satisfied there is not an 14
unacceptable risk of one of the following events happening if 15
the treatment were undertaken in the community-- 16
(a) the patient would not return to the authorised mental 17
health service when required; 18
(b) the patient would commit an offence while away from 19
the health service; 20
(c) the patient would endanger the safety or welfare of the 21
patient or others.'. 22
(2) Section 129-- 23
insert-- 24
`(5) An approval under subsection (2)(b) may be given subject to 25
the reasonable conditions the director decides. 26
`(6) The director may withdraw an approval under subsection 27
(2)(b) if-- 28
(a) the director is reasonably satisfied an event mentioned 29
in subsection (3) has happened in relation to the patient; 30
or 31
s7 10 s9
Mental Health and Other Legislation Amendment
Bill 2007
(b) the director is satisfied there is an unacceptable risk of 1
an event mentioned in subsection (3) happening in 2
relation to the patient. 3
`(7) In deciding whether to withdraw an approval under subsection 4
(2)(b) on the ground mentioned in subsection (6)(b), the 5
director must have regard to the matters mentioned in 6
subsection (4).'. 7
Clause 7 Amendment of s 203 (Decisions on review) 8
Section 203(7), `section 204'-- 9
omit, insert-- 10
`sections 203A and 204'. 11
Clause 8 Insertion of new s 203A 12
After section 203-- 13
insert-- 14
`203A Tribunal may order examination etc. 15
`(1) This section applies if the patient is a special notification 16
forensic patient. 17
`(2) The tribunal may order the patient to submit to an 18
examination by a stated psychiatrist who is not an authorised 19
psychiatrist for the patient's treating health service. 20
`(3) The order must state the matters on which the stated 21
psychiatrist must report on to the tribunal. 22
`(4) The stated psychiatrist must give a written report on the 23
examination to the tribunal. 24
`(5) The tribunal must not revoke the forensic order for the patient 25
unless the tribunal has obtained a report mentioned in 26
subsection (4) in relation to the patient.'. 27
Clause 9 Omission of ch 6, pt 5 (Notification orders) 28
Chapter 6, part 5-- 29
omit. 30
s 10 11 s 12
Mental Health and Other Legislation Amendment
Bill 2007
Clause 10 Amendment of s 235 (Definition for ch 7) 1
(1) Section 235, heading, `Definition'-- 2
omit, insert-- 3
`Definitions'. 4
(2) Section 235-- 5
insert-- 6
`original psychiatrist's report see section 239.'. 7
Clause 11 Insertion of new s 235A 8
Chapter 7, part 1-- 9
insert-- 10
`235A References to director of public prosecutions 11
`A reference in this chapter to the director of public 12
prosecutions includes a person who is authorised in writing by 13
the director of public prosecutions to exercise the director of 14
public prosecutions' powers under this chapter.'. 15
Clause 12 Insertion of new s 237A 16
Chapter 7, part 2, division 1-- 17
insert-- 18
`237A Copies of particular documents may be requested 19
from commissioner of the police service or director 20
of public prosecutions 21
`(1) At any time after receiving a notice under section 237(2), the 22
administrator may ask the commissioner of the police service 23
or director of public prosecutions to give the administrator 24
copies of the documents relating to the offence mentioned in 25
schedule 2, definition brief of evidence, paragraph (a)(i), (ii), 26
(iii), (v), (vi) and (vii). 27
`(2) The commissioner of the police service or director of public 28
prosecutions must as soon as practicable comply with the 29
request. 30
s 12 12 s 12
Mental Health and Other Legislation Amendment
Bill 2007
`(3) Subsection (2) does not apply to information contained in a 1
document if the commissioner of the police service or director 2
of public prosecutions reasonably considers that-- 3
(a) giving the information could reasonably be expected 4
to-- 5
(i) prejudice the investigation of a contravention or 6
possible contravention of a law in a particular case; 7
or 8
(ii) prejudice an investigation under the Coroners Act 9
2003; or 10
(iii) enable the existence or identity of a confidential 11
source of information, in relation to the 12
enforcement or administration of a law, to be 13
ascertained; or 14
(iv) endanger a person's life or physical safety; or 15
(v) prejudice the effectiveness of a lawful method or 16
procedure for preventing, detecting, investigating 17
or dealing with a contravention or possible 18
contravention of a law; and 19
(b) it would not be in the public interest to give the 20
information. 21
`(4) Also, subsection (2) does not apply to-- 22
(a) information, contained in a document, that is sensitive 23
evidence; or 24
(b) information, contained in a document, that another Act 25
or law would prevent the prosecution from giving to an 26
accused person, or a lawyer acting for an accused 27
person, during a proceeding for an offence; 28
(c) information, contained in a document, that-- 29
(i) identifies witnesses to the alleged commission of 30
the offence; or 31
(ii) consists of contact details for the witnesses. 32
`(5) The duty imposed on the commissioner of the police service 33
or director of public prosecutions to comply with the request 34
applies only to documents in the possession of the 35
s 13 13 s 14
Mental Health and Other Legislation Amendment
Bill 2007
commissioner or director of public prosecutions or to which 1
the commissioner or director of public prosecutions has 2
access. 3
`(6) In complying with the request, the commissioner of the police 4
service or director of public prosecutions may obliterate from 5
a copy of a document given to the administrator any 6
information mentioned in subsection (3) or (4). 7
Example-- 8
If a document includes the name of a witness to the alleged commission 9
of the offence, or information from which the witness could be 10
identified, the commissioner of the police service or director of public 11
prosecutions may obliterate the name or information from a copy of the 12
document given to the administrator. 13
`(7) In this section-- 14
sensitive evidence see the Criminal Code, section 590AF.'. 15
Clause 13 Amendment of s 239 (Reports on examination) 16
(1) Section 239, heading-- 17
omit, insert-- 18
`239 Administrator to give report to director'. 19
(2) Section 239, after `report'-- 20
insert-- 21
`(the original psychiatrist's report)'. 22
Clause 14 Insertion of new s 239A 23
After section 239-- 24
insert-- 25
`239A Obtaining another psychiatrist's report 26
`After considering the original psychiatrist's report, the 27
director may arrange for the patient to be examined by another 28
psychiatrist, and obtain a report from the other psychiatrist on 29
the examination.'. 30
s 15 14 s 15
Mental Health and Other Legislation Amendment
Bill 2007
Clause 15 Amendment of s 240 (Director to refer patient's mental 1
condition to Mental Health Court or Attorney-General) 2
(1) Section 240, `Attorney-General'-- 3
omit, insert-- 4
`director of public prosecutions'. 5
(2) Section 240(1), `psychiatrist's report'-- 6
omit, insert-- 7
`original psychiatrist's report and any report obtained under 8
section 239A in relation to the patient'. 9
(3) Section 240(2), from `subsection (1)' to `report.'-- 10
omit, insert-- 11
`subsection (1) by the later of the following-- 12
(a) 14 days after receiving the original psychiatrist's report; 13
(b) if a report is obtained under section 239A in relation to 14
the patient--14 days after receiving the report.'. 15
(4) Section 240(4)-- 16
omit, insert-- 17
`(4) If the patient is charged with an indictable offence, the 18
director may refer the matter to the director of public 19
prosecutions only-- 20
(a) if the director (of mental health) is satisfied the offence 21
is not of a serious nature, having regard to any damage, 22
injury or loss caused; or 23
(b) if the director (of mental health) is satisfied the offence 24
is of a serious nature, having regard to any damage, 25
injury or loss caused, and reasonably believes the 26
patient-- 27
(i) is fit for trial; and 28
(ii) was not of unsound mind when the alleged offence 29
was allegedly committed.'. 30
s 16 15 s 17
Mental Health and Other Legislation Amendment
Bill 2007
Clause 16 Amendment of s 241 (Director may defer reference) 1
(1) Section 241, `Attorney-General'-- 2
omit, insert-- 3
`director of public prosecutions'. 4
(2) Section 241-- 5
insert-- 6
`(1A) If, before the end of the period mentioned in subsection (1), 7
the director still reasonably believes the patient is unfit for 8
trial but is likely to be fit for trial in less than 2 months, the 9
director may again defer referring the matter for the period 10
that ends 2 months after making this decision to defer.'. 11
(3) Section 241(3), after `period'-- 12
insert-- 13
`mentioned in subsection (1) or (1A)'. 14
Clause 17 Amendment of s 242 (Reference to Mental Health Court or 15
Attorney-General) 16
(1) Section 242, `Attorney-General'-- 17
omit, insert-- 18
`director of public prosecutions'. 19
(2) Section 242(2), from `by'-- 20
omit, insert-- 21
`by-- 22
(a) a copy of the original psychiatrist's report; and 23
(b) if a report is obtained under section 239A in relation to 24
the patient--a copy of the report.'. 25
(3) Section 242-- 26
insert-- 27
`(2A) If the reference is to the director of public prosecutions, the 28
notice must also be accompanied by the assessment of the 29
s 18 16 s 20
Mental Health and Other Legislation Amendment
Bill 2007
matter by the director (of mental health), including any 1
recommendation of the director (of mental health).'. 2
Clause 18 Insertion of new s 245B 3
Chapter 7, part 3-- 4
insert-- 5
`245B Definition for pt 3 6
`In this part-- 7
psychiatrist's report means-- 8
(a) the original psychiatrist's report; and 9
(b) if a report is obtained under section 239A in relation to 10
the patient--the report.'. 11
Clause 19 Amendment of s 247 (Attorney-General's powers on 12
reference) 13
(1) Section 247, heading, `Attorney-General's'-- 14
omit, insert-- 15
`Director of public prosecutions' '. 16
(2) Section 247, `Attorney-General'-- 17
omit, insert-- 18
`director of public prosecutions'. 19
(3) Section 247(1), from `on' to `director'-- 20
omit, insert-- 21
`, the assessment of the matter mentioned in section 242(2A)'. 22
Clause 20 Amendment of s 249 (How reference to Mental Health 23
Court is made) 24
Section 249(2), from `on' to `person'-- 25
omit. 26
s 21 17 s 22
Mental Health and Other Legislation Amendment
Bill 2007
Clause 21 Insertion of new s 252A 1
After section 252-- 2
insert-- 3
`252A Continuation of proceedings 4
`(1) If the patient is a classified patient and, under section 247(1), 5
the director of public prosecutions decides proceedings 6
against the patient for the offence are to be continued, the 7
patient must be brought before the court in which the 8
proceedings for the offence are to continue within 7 days after 9
the decision to be dealt with according to law. 10
`(2) For subsection (1), a health practitioner or police officer may 11
take the person to appear before the court. 12
`(3) A health practitioner may exercise the power under subsection 13
(2) with the help, and using the force, that is reasonable in the 14
circumstances. 15
`(4) The patient may be detained in the patient's treating health 16
service until the patient is taken to appear before the court. 17
`(5) The custody of the patient by the administrator of the health 18
service ends when the patient appears before the court.'. 19
Clause 22 Amendment of s 253 (When patient ceases to be 20
classified patient) 21
(1) Section 253(1), `continued or'-- 22
omit. 23
(2) Section 253-- 24
insert-- 25
`(1A) If the patient is a classified patient and, under section 247(1), 26
the director of public prosecutions decides proceedings 27
against the patient for the offence are to be continued, the 28
patient ceases to be a classified patient when the patient 29
appears before the court in which the proceedings for the 30
offence are to continue.'. 31
s 23 18 s 25
Mental Health and Other Legislation Amendment
Bill 2007
(3) Section 253(2), `subsection (1) does'-- 1
omit, insert-- 2
`subsections (1) and (1A) do'. 3
Clause 23 Amendment of s 264 (Notices of reference) 4
Section 264-- 5
insert-- 6
`(1A) The director may give written notice of the reference to a 7
victim of the alleged offence to which the reference relates.'. 8
Clause 24 Insertion of new s 305A 9
Chapter 7, part 7, division 2, subdivision 4-- 10
insert-- 11
`305A Meaning of special notification forensic patient 12
`A forensic patient is a special notification forensic patient if 13
the offence leading to the making of the forensic order for the 14
patient is an offence against one of the following provisions of 15
the Criminal Code-- 16
· section 300 17
· section 306 18
· section 328A(4), but only if the commission of the 19
offence involved the death of another person 20
· section 349 21
· section 351.1'. 22
Clause 25 Insertion of new s 309A 23
Chapter 7, part 7-- 24
insert-- 25
1 Criminal Code, sections 300 (Unlawful homicide), 306 (Attempt to murder), 328A
(Dangerous operation of a vehicle), 349 (Rape) and 351 (Assault with intent to
commit rape)
s 26 19 s 27
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`309A Policies and practice guidelines about treatment and 1
care of forensic patients etc. 2
`(1) The director must issue policies and practice guidelines about 3
the treatment and care of a forensic patient. 4
`(2) Without limiting subsection (1), the director must issue 5
policies and practice guidelines about the treatment and care 6
of a special notification forensic patient. 7
`(3) The director may amend the policies and practice guidelines 8
issued or amended under this section. 9
`(4) If a policy or practice guideline is inconsistent with this Act, 10
the policy or practice guideline is invalid to the extent of the 11
inconsistency.'. 12
Clause 26 Renumbering of s 318A (Definition of patient for pt 1) 13
Section 318A-- 14
renumber as section 318ZC. 15
Clause 27 Insertion of new ch 7A 16
After section 318-- 17
insert-- 18
s 27 20 s 27
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`Chapter 7A Classified patient 1
information orders and 2
forensic patient information 3
orders 4
`Part 1 Classified patient information 5
orders 6
`Division 1 Interpretation 7
`318A Definitions for pt 1 8
`In this part-- 9
applicant's nominee see section 318C(4). 10
classified patient information see section 318C(1). 11
`318B Reference to person for whom a classified patient 12
information order is made 13
`In this part, a reference to a person for whom a classified 14
patient information order is made is a reference to a person 15
who has successfully applied under section 318C(1) for the 16
order. 17
`Division 2 Making of classified patient 18
information orders 19
`318C Director may make classified patient information 20
order 21
`(1) Subject to this division, the director may, on application made 22
to the director by an eligible person, make an order (a 23
classified patient information order) about a classified 24
patient that the eligible person may be given notice of any of 25
s 27 21 s 27
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the following information (the classified patient 1
information)-- 2
(a) the fact that the patient is detained in an authorised 3
mental health service as a classified patient; 4
(b) the fact that an approval has been given, under section 5
129(2)(b), for limited community treatment for the 6
patient; 7
(c) any conditions on which the approval mentioned in 8
paragraph (b) has been given that are relevant to the 9
safety of-- 10
(i) the applicant; or 11
(ii) if the applicant is a parent or guardian of a direct 12
victim of an alleged offence allegedly committed 13
by the patient--the direct victim; 14
(d) the fact that the approval mentioned in paragraph (b) has 15
been withdrawn under section 129(6); 16
(e) the fact that the patient is absent without approval, or is 17
no longer absent without approval, under this or another 18
Act, if the fact of the absence is relevant to-- 19
(i) the applicant; or 20
(ii) if the applicant is a parent or guardian of a direct 21
victim of an alleged offence allegedly committed 22
by the patient--the direct victim; 23
(f) the fact that the patient has ceased to be a classified 24
patient, the reason for the cessation, and the date of the 25
cessation; 26
(g) the fact that the patient has been transferred from one 27
authorised mental health service to another authorised 28
mental health service under section 166, and the date of 29
the transfer. 30
`(2) If a classified patient information order is made about the 31
classified patient, the classified patient information given 32
under subsection (1) to the person for whom the order is made 33
must not include any of the following information-- 34
s 27 22 s 27
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(a) the name or address of the in-patient facility at which 1
the patient is being detained under this Act; 2
(b) if an approval has been given, under section 129(2)(b), 3
for limited community treatment for the patient and, 4
under the approval, the patient is residing at a place 5
other than the patient's treating health service--the 6
name or address of the place, or the name or contact 7
details of any other person residing at the place; 8
(c) the name or contact details of any relative of the patient; 9
(d) information about the treatment or care of the patient at 10
the patient's treating health service. 11
`(3) The application must-- 12
(a) be made in the approved form; and 13
(b) be accompanied by a declaration signed by the applicant 14
stating that the applicant will not disclose, for public 15
dissemination, any classified patient information 16
relating to the classified patient disclosed to the 17
applicant under this part. 18
`(4) The application may be accompanied by a document 19
nominating a person (the applicant's nominee) to receive the 20
classified patient information for the applicant. 21
`(5) For a nomination under subsection (4) to be effective, the 22
nomination must be accompanied by a declaration signed by 23
the nominee stating that the nominee will not disclose, for 24
public dissemination, any classified patient information 25
relating to the classified patient disclosed to the nominee 26
under this part. 27
`(6) In this section-- 28
eligible person means-- 29
(a) a direct victim of an alleged offence allegedly 30
committed by the classified patient; or 31
(b) if a direct victim of an alleged offence allegedly 32
committed by the classified patient is a minor or has a 33
legal incapacity--the direct victim's parent or guardian; 34
or 35
s 27 23 s 27
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(c) if a direct victim of an alleged offence allegedly 1
committed by the classified patient has died as a result 2
of the offence--an immediate family member of the 3
direct victim; or 4
(d) a person who, immediately before the patient becoming 5
a classified patient, was an eligible person in relation to 6
the patient under the Corrective Services Act 2006. 7
`318D Application by minor 8
`(1) Subject to section 318E, if the application is made by a minor, 9
the director may make a classified patient information order 10
about the classified patient if the director reasonably believes 11
it is in the minor's best interests for the order to be made. 12
`(2) The director must consult with a parent or guardian of the 13
minor in deciding what is in the minor's best interests. 14
`(3) Subsection (2) does not apply if-- 15
(a) the director is satisfied it would be inappropriate in all 16
the circumstances to consult with a parent or guardian of 17
the minor; or 18
(b) the applicant has made the application on behalf of a 19
child of the applicant. 20
`318E Restriction on making classified patient information 21
order 22
`The director must refuse to grant the application if the 23
director reasonably believes disclosure of classified patient 24
information to the applicant or applicant's nominee is likely 25
to-- 26
(a) cause serious harm to the classified patient's health; or 27
(b) put the safety of the patient or someone else at serious 28
risk. 29
s 27 24 s 27
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`318F Patient to be given opportunity to make submission 1
`(1) Before deciding the application, the director must give the 2
classified patient a reasonable opportunity to make a 3
submission to the director about the matters mentioned in 4
section 318E. 5
`(2) However, the director is not required to comply with 6
subsection (1) if the director reasonably believes that the 7
patient being aware that the application has been made is 8
likely to-- 9
(a) have an adverse effect on the health of the applicant or 10
patient; or 11
(b) put the safety of the applicant, patient or someone else at 12
risk. 13
`318G Notice of decision on application 14
`(1) Within 21 days after deciding the application, the director 15
must give a written notice of the decision to each of the 16
following persons-- 17
(a) the applicant; 18
(b) the classified patient; 19
(c) the patient's allied person; 20
(d) if the patient is a minor--a parent of the minor or the 21
minor's guardian; 22
(e) if the director reasonably believes the patient has a 23
personal attorney--the attorney; 24
(f) if the director reasonably believes the patient has a 25
personal guardian--the guardian; 26
(g) the administrator of the patient's treating health service. 27
`(2) However, the director is not required to comply with 28
subsection (1) in relation to the persons mentioned in 29
subsection (1)(b) to (f) if the director reasonably believes that 30
complying with the subsections is likely to-- 31
(a) have an adverse effect on the health of the applicant or 32
patient; or 33
s 27 25 s 27
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(b) put the safety of the applicant, patient or someone else at 1
risk. 2
`(3) If the director decides to refuse to grant the application, the 3
director must within 21 days also give the applicant written 4
notice of the director's reasons for the decision. 5
`(4) For subsections (1) and (3), if requested by the applicant, the 6
director must give the notices under the subsections to the 7
applicant's nominee instead of the applicant. 8
`(5) If the classified patient asks the director for the reasons for the 9
director's decision to grant or refuse to grant the application, 10
the director must within 21 days give written notice of the 11
reasons to the patient. 12
`(6) However, the director is not required to comply with 13
subsection (5) if the director reasonably believes that 14
complying with the subsection is likely to-- 15
(a) have an adverse effect on the health of the applicant or 16
patient; or 17
(b) put the safety of the applicant, patient or someone else at 18
risk. 19
`318H Nominee to receive classified patient information 20
`(1) At any time after a classified patient information order is 21
made about a classified patient, the person (the relevant 22
person) for whom the order is made may give the director a 23
document nominating a person to receive classified patient 24
information relating to the patient for the relevant person. 25
`(2) For a nomination under subsection (1) to be effective, the 26
nomination must be accompanied by a declaration signed by 27
the nominee stating that the nominee will not disclose, for 28
public dissemination, any classified patient information 29
relating to the classified patient disclosed to the nominee 30
under this part. 31
`(3) A nomination under this section supersedes any other 32
nomination made by the relevant person under this section or 33
section 318C(4). 34
s 27 26 s 27
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`Division 3 Revocation of classified patient 1
information orders 2
`318I Mandatory revocation 3
`The director must revoke a classified patient information 4
order about a classified patient if-- 5
(a) the patient ceases to be a classified patient; or 6
(b) the patient dies, and the director becomes aware of the 7
death; or 8
(c) the person (the relevant person) for whom the order is 9
made dies, and the director becomes aware of the death; 10
or 11
(d) the relevant person asks the director to revoke the order; 12
or 13
(e) the director reasonably believes disclosure of classified 14
patient information relating to the patient to the relevant 15
person, or any person nominated under section 318C(4) 16
or 318H(1) to receive the information for the relevant 17
person, is likely to-- 18
(i) cause serious harm to the patient's health; or 19
(ii) put the safety of the patient or someone else at 20
serious risk. 21
`318J Discretionary revocation 22
`(1) The director may revoke a classified patient information order 23
about a classified patient. 24
`(2) However, before revoking the order, the director must-- 25
(a) give the person (the relevant person) for whom the 26
order is made a written notice stating the grounds on 27
which the order is proposed to be revoked; and 28
(b) give the relevant person a reasonable opportunity to 29
make a submission to the director about why the order 30
should not be revoked. 31
s 27 27 s 27
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`318K Notice of revocation 1
`(1) If, under section 318I or 318J, the director revokes a classified 2
patient information order about a classified patient, the 3
director must within 7 days give each of the following persons 4
written notice of the revocation and the grounds for the 5
revocation-- 6
(a) the person for whom the order is made; 7
(b) the patient; 8
(c) the patient's allied person; 9
(d) if the patient is a minor--a parent of the minor or the 10
minor's guardian; 11
(e) if the director reasonably believes the patient has a 12
personal attorney--the attorney; 13
(f) if the director reasonably believes the patient has a 14
personal guardian--the guardian; 15
(g) any person nominated under section 318C(4) or 16
318H(1) to receive the classified patient information 17
under the order for the person mentioned in paragraph 18
(a); 19
(h) the administrator of the patient's treating health service. 20
`(2) However, the director is not required to comply with 21
subsection (1) in relation to the persons mentioned in 22
subsection (1)(b) to (f) if the director did not, under section 23
318G(1), notify the persons of the decision made on the 24
application for the classified patient information order. 25
`Division 4 Miscellaneous 26
`318L Disclosure of confidential information 27
`For the Health Services Act 1991, section 62B, the 2
28
disclosure of information under a classified patient 29
information order is a disclosure permitted by an Act. 30
2 Health Services Act 1991, section 62B (Disclosure required or permitted by law)
s 27 28 s 27
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`Part 2 Forensic patient information 1
orders 2
`Division 1 Interpretation 3
`318M Definitions for pt 2 4
`In this part-- 5
applicant's nominee see section 318O(4). 6
eligible person see section 318O(7). 7
forensic patient information see section 318O(1). 8
`318N Reference to person for whom a forensic patient 9
information order is made 10
`In this part, a reference to a person for whom a forensic 11
patient information order is made is a reference to a person 12
who has successfully applied under section 318O(1) for the 13
order. 14
`Division 2 Making of forensic patient 15
information orders 16
`318O Tribunal may make forensic patient information order 17
`(1) Subject to this division, the tribunal may, on application made 18
to it by a person, make an order (a forensic patient 19
information order) about a forensic patient that the person be 20
given notice of the following information (the forensic 21
patient information)-- 22
(a) when a review for the patient is to be carried out; 23
(b) the revocation or confirmation, under section 203(1), of 24
the forensic order for the patient; 25
(c) the fact that an approval has been given, under this Act, 26
for the patient to move out of Queensland; 27
s 27 29 s 27
Mental Health and Other Legislation Amendment
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(d) the fact that the patient has been transferred from one 1
authorised mental health service to another authorised 2
mental health service under section 166, and the date of 3
the transfer; 4
(e) the fact that the patient has been transferred, under an 5
interstate agreement, to another State; 6
(f) the fact that an order has been made, under this Act, that 7
the patient have limited community treatment; 8
(g) the fact that an order has been made, under this Act, 9
approving limited community treatment for the patient; 10
(h) any conditions on which an order mentioned in 11
paragraph (f) or (g) has been made, if the director 12
decides the conditions are relevant to the safety of-- 13
(i) the applicant; or 14
(ii) if the applicant is a parent or guardian of a direct 15
victim of an alleged offence allegedly committed 16
by the patient--the direct victim; 17
(i) the fact that an order has been made, under this Act, 18
revoking an order or approval for limited community 19
treatment for the patient; 20
(j) the fact that the patient is absent without approval, or is 21
no longer absent without approval, under this or another 22
Act, if the director decides the fact of the absence is 23
relevant to-- 24
(i) the applicant; or 25
(ii) if the applicant is a parent or guardian of a direct 26
victim of an alleged offence allegedly committed 27
by the patient--the direct victim; 28
(k) the fact that the patient ceases to be a forensic patient, 29
the reason for the cessation, and the date of the 30
cessation. 31
`(2) If a forensic patient information order is made about the 32
forensic patient, the forensic patient information given under 33
subsection (1) to the person for whom the order is made must 34
not include any of the following information-- 35
s 27 30 s 27
Mental Health and Other Legislation Amendment
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(a) the name or address of the in-patient facility at which 1
the patient is being detained under this Act; 2
(b) if an order has been made or an approval has been given, 3
under this Act, for limited community treatment for the 4
patient and, under the order or approval, the patient is 5
residing at a place other than the patient's treating health 6
service--the name or address of the place, or the name 7
or contact details of any other person residing at the 8
place; 9
(c) the name or contact details of any relative of the patient; 10
(d) information about the treatment or care of the patient at 11
the patient's treating health service. 12
`(3) The application must-- 13
(a) be made in the approved form; and 14
(b) be accompanied by a declaration signed by the applicant 15
stating that the applicant will not disclose, for public 16
dissemination, any forensic patient information relating 17
to the forensic patient disclosed to the applicant under 18
this part. 19
`(4) The application may be accompanied by a document 20
nominating a person (the applicant's nominee) to receive the 21
forensic patient information for the applicant. 22
`(5) For a nomination under subsection (4) to be effective, the 23
nomination must be accompanied by a declaration signed by 24
the nominee stating that the nominee will not disclose, for 25
public dissemination, any forensic patient information relating 26
to the forensic patient disclosed to the nominee under this 27
part. 28
`(6) Subject to section 318S, the tribunal must grant the 29
application if it is made by an eligible person. 30
`(7) In this section-- 31
eligible person means-- 32
(a) a direct victim of an alleged offence allegedly 33
committed by the forensic patient; or 34
s 27 31 s 27
Mental Health and Other Legislation Amendment
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(b) if a direct victim of an alleged offence allegedly 1
committed by the forensic patient is a minor or has a 2
legal incapacity--the direct victim's parent or guardian; 3
or 4
(c) if a direct victim of an alleged offence allegedly 5
committed by the forensic patient has died as a result of 6
the offence--an immediate family member of the direct 7
victim. 8
`318P Application by minor 9
`(1) Subsection (2) applies if the application is made by a minor, 10
whether the minor is an eligible person or not an eligible 11
person. 12
`(2) The tribunal may make a forensic patient information order 13
about the forensic patient if the tribunal reasonably believes it 14
is in the minor's best interests for the order to be made. 15
`(3) The tribunal must consult with a parent or guardian of the 16
minor in deciding what is in the minor's best interests. 17
`(4) Subsection (3) does not apply if-- 18
(a) the tribunal is satisfied it would be inappropriate in all 19
the circumstances to consult with a parent or guardian of 20
the minor; or 21
(b) the applicant has made the application on behalf of a 22
child of the applicant. 23
`(5) This section applies subject to sections 318Q and 318S. 24
`318Q Application by person who is not an eligible person 25
`(1) This section applies if the application is made by a person 26
who is not an eligible person. 27
`(2) Subject to section 318S, the tribunal must not make a forensic 28
patient information order about the forensic patient unless the 29
tribunal is satisfied the applicant has a sufficient personal 30
interest in being given notice of forensic patient information 31
about the patient. 32
s 27 32 s 27
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`(3) Without limiting subsection (2), the tribunal must consider the 1
following matters in deciding whether the applicant has a 2
sufficient personal interest in being given notice of forensic 3
patient information about the forensic patient-- 4
(a) whether the patient represents a risk to the safety of the 5
person for whom the order is to be made; 6
(b) whether it is likely the patient will come into contact 7
with the person; 8
(c) the nature and seriousness of the offence that led to the 9
patient becoming a forensic patient; 10
(d) whether the applicant is a relative of the patient; 11
(e) other matters the tribunal considers appropriate. 12
`318R Deciding application 13
`The application may be decided by-- 14
(a) the tribunal constituted by the president on written 15
material and submissions, without the applicant or 16
forensic patient attending a hearing of the application; 17
or 18
(b) the tribunal during a review carried out for the forensic 19
patient or at a hearing conducted for the application. 20
`318S Restrictions on making forensic patient information 21
order 22
`(1) The tribunal must refuse to grant the application if-- 23
(a) the tribunal is satisfied it is frivolous or vexatious; or 24
(b) the tribunal reasonably believes disclosure of forensic 25
patient information to the applicant or applicant's 26
nominee is likely to-- 27
(i) cause serious harm to the forensic patient's health; 28
or 29
(ii) put the safety of the patient or someone else at 30
serious risk. 31
s 27 33 s 27
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`(2) The tribunal may also refuse to grant the application if a 1
forensic patient information order previously made for the 2
applicant was revoked on a ground mentioned in section 3
318Z(1)(b) or (c). 4
`(3) However, before refusing to grant the application under 5
subsection (2), the tribunal must give the applicant a 6
reasonable opportunity to make a submission to the tribunal 7
about why the tribunal should not refuse to grant the 8
application. 9
`318T Tribunal may impose conditions 10
`The tribunal may impose the conditions on the forensic 11
patient information order it considers appropriate. 12
Note-- 13
The non-compliance by the person for whom the order is made with any 14
conditions imposed, under this section or division 3, on the order is a 15
ground for the revocation of the order under section 318Z(1). 16
`318U Notice of decision on application 17
`(1) If the tribunal decides to make a forensic patient information 18
order about the forensic patient, the tribunal must within 7 19
days give a written notice of the decision to the persons 20
mentioned in subsection (5). 21
`(2) The director must, within 21 days after receiving a notice 22
under subsection (1), give a copy of the notice to the 23
applicant. 24
`(3) If the tribunal decides to refuse to grant the application, the 25
tribunal must within 7 days give the persons mentioned in 26
subsection (5) a written notice stating the decision and the 27
tribunal's reasons for the decision. 28
`(4) The director must, within 21 days after receiving a notice 29
under subsection (3), give a copy of the notice to the 30
applicant. 31
`(5) For subsections (1) and (3), the persons are-- 32
(a) the director; and 33
s 27 34 s 27
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(b) the forensic patient; and 1
(c) the patient's allied person; and 2
(d) if the patient is a minor or has a legal incapacity--a 3
parent of the minor or the minor's guardian; and 4
(e) if the director reasonably believes the patient has a 5
personal attorney--the attorney; and 6
(f) if the director reasonably believes the patient has a 7
personal guardian--the guardian; and 8
(g) the administrator of the patient's treating health service; 9
and 10
(h) the Attorney-General; and 11
(i) the chief executive for justice. 12
`(6) For subsections (2) and (4), if requested by the applicant, the 13
director must give copies of the notices under the subsections 14
to the applicant's nominee instead of the applicant. 15
`(7) The requirements under subsections (1) and (3) to give the 16
notices under the subsections to the forensic patient are 17
subject to a confidentiality order of the tribunal. 18
`(8) If subsection (7) applies, the tribunal must not give the 19
information covered by the confidentiality order to the 20
forensic patient's allied person. 21
`318V Nominee to receive forensic patient information 22
`(1) At any time after a forensic patient information order is made 23
about a forensic patient, the person (the relevant person) for 24
whom the order is made may give the director a document 25
nominating a person to receive forensic patient information 26
relating to the patient for the relevant person. 27
`(2) For a nomination under subsection (1) to be effective, the 28
nomination must be accompanied by a declaration signed by 29
the nominee stating that the nominee will not disclose, for 30
public dissemination, any forensic patient information relating 31
to the forensic patient disclosed to the nominee under this 32
part. 33
s 27 35 s 27
Mental Health and Other Legislation Amendment
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`(3) A nomination under this section supersedes any other 1
nomination made by the relevant person under this section or 2
section 318O(4). 3
`Division 3 Changing conditions of forensic 4
patient information orders 5
`318W Changing conditions--tribunal acting on own 6
initiative 7
`(1) If the tribunal has made a forensic patient information order 8
about a forensic patient, the tribunal may decide to change the 9
conditions of the order imposed under section 318T or this 10
division. 11
`(2) Before deciding to change the conditions, the tribunal must 12
first give each relevant person a written notice (a notice of 13
intention) stating the following-- 14
(a) the proposed decision; 15
(b) the grounds for the proposed decision; 16
(c) an invitation to the person to make submissions to the 17
tribunal within a reasonable time about why the 18
proposed decision should not be made. 19
`(3) However, for the person for whom the forensic patient 20
information order is made, a notice of intention must be given 21
by the tribunal to the director, who must then give it to the 22
person. 23
`(4) If subsection (3) applies, the tribunal is taken to have given the 24
notice of intention to the person for whom the forensic patient 25
information order is made. 26
`(5) If, after giving each relevant person a notice of intention and 27
taking into account any submissions made under subsection 28
2(c), the tribunal decides to change the conditions, the tribunal 29
must within 7 days give a written notice of the decision to-- 30
(a) the director; and 31
(b) the forensic patient; and 32
s 27 36 s 27
Mental Health and Other Legislation Amendment
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(c) the patient's allied person; and 1
(d) if the patient is a minor or has a legal incapacity--a 2
parent of the minor or the minor's guardian; and 3
(e) if the director reasonably believes the patient has a 4
personal attorney--the attorney; and 5
(f) if the director reasonably believes the patient has a 6
personal guardian--the guardian; and 7
(g) the administrator of the patient's treating health service; 8
and 9
(h) the Attorney-General; and 10
(i) the chief executive for justice. 11
`(6) The director must, within 21 days after receiving a notice 12
under subsection (5), give a copy of the notice to-- 13
(a) the person for whom the forensic patient information 14
order is made; and 15
(b) any person nominated under section 318O(4) or 16
318V(1) to receive the forensic patient information 17
under the forensic patient information order for the 18
person mentioned in paragraph (a). 19
`(7) The change in the conditions takes effect on the day the 20
director complies with subsection (6). 21
`(8) If, after giving each relevant person a notice of intention and 22
taking into account any submissions made under subsection 23
2(c), the tribunal decides not to change the conditions, the 24
tribunal must within 7 days give a written notice of the 25
decision to each relevant person. 26
`(9) However, for the person for whom the forensic patient 27
information order is made, the notice mentioned in subsection 28
(8) must be given by the tribunal to the director, who must 29
then give it to the person. 30
`(10) The requirements under subsections (2), (5) and (8) to give 31
the notices under the subsections to the forensic patient are 32
subject to any confidentiality order of the tribunal mentioned 33
in section 318U(7). 34
s 27 37 s 27
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`(11) If subsection (10) applies, the tribunal must not give the 1
information covered by the confidentiality order to the 2
forensic patient's allied person. 3
`(12) In this section-- 4
relevant person means each of the following-- 5
(a) the person for whom the forensic patient information 6
order is made; 7
(b) the director; 8
(c) the forensic patient; 9
(d) the patient's allied person. 10
`318X Changing conditions--application by relevant person 11
(1) If the tribunal has made a forensic patient information order 12
about a forensic patient, a relevant person may apply in 13
writing to the tribunal to change the conditions of the order 14
imposed under section 318T or this division. 15
`(2) Before deciding the application, the tribunal must first give 16
each relevant person, other than the applicant, the following-- 17
(a) a copy of the application; 18
(b) an invitation to the person to make submissions to the 19
tribunal within a reasonable time about the application. 20
`(3) However, for the person for whom the forensic patient 21
information order is made, the documents mentioned in 22
subsection (2) must be given by the tribunal to the director, 23
who must then give them to the person. 24
`(4) If subsection (3) applies, the tribunal is taken to have given the 25
documents mentioned in subsection (2) to the person for 26
whom the forensic patient information order is made. 27
`(5) If, after complying with subsection (2) and taking into 28
account any submissions made under subsection (2)(b), the 29
tribunal decides to grant the application, the tribunal must 30
within 7 days give a written notice of the decision to-- 31
(a) the director; and 32
(b) the forensic patient; and 33
s 27 38 s 27
Mental Health and Other Legislation Amendment
Bill 2007
(c) the patient's allied person; and 1
(d) if the patient is a minor or has a legal incapacity--a 2
parent of the minor or the minor's guardian; and 3
(e) if the president reasonably believes the patient has a 4
personal attorney--the attorney; and 5
(f) if the president reasonably believes the patient has a 6
personal guardian--the guardian; and 7
(g) the administrator of the patient's treating health service; 8
and 9
(h) the Attorney-General; and 10
(i) the chief executive for justice. 11
`(6) The director must, within 21 days after receiving a notice 12
under subsection (5), give a copy of the notice to-- 13
(a) the person for whom the forensic patient information 14
order is made; and 15
(b) any person nominated under section 318O(4) or 16
318V(1) to receive the forensic patient information 17
under the forensic patient information order for the 18
person mentioned in paragraph (a). 19
`(7) The change in the conditions takes effect on the day the 20
director complies with subsection (6). 21
`(8) If, after complying with subsection (2) and taking into 22
account any submissions made under subsection 2(b), the 23
tribunal decides to refuse to grant the application, the tribunal 24
must within 7 days give a written notice of the decision to 25
each relevant person. 26
`(9) However, for the person for whom the forensic patient 27
information order is made, the notice mentioned in subsection 28
(8) must be given by the tribunal to the director, who must 29
then give it to the person. 30
`(10) If the application is made by a relevant person, other than the 31
forensic patient, the requirements under subsections (2), (5) 32
and (8) to give the documents or notices under the subsections 33
to the patient are subject to any confidentiality order of the 34
tribunal mentioned in section 318U(7). 35
s 27 39 s 27
Mental Health and Other Legislation Amendment
Bill 2007
`(11) If subsection (10) applies, the tribunal must not give the 1
information covered by the confidentiality order to the 2
forensic patient's allied person. 3
`(12) In this section-- 4
relevant person means each of the following-- 5
(a) the person for whom the forensic patient information 6
order is made; 7
(b) the director; 8
(c) the forensic patient; 9
(d) the forensic patient's allied person. 10
`Division 4 Revocation of forensic patient 11
information orders 12
`318Y Mandatory revocation 13
`The tribunal must revoke a forensic patient information order 14
about a forensic patient if-- 15
(a) the patient ceases to be a forensic patient; or 16
(b) the patient dies, and the president becomes aware of the 17
death; or 18
(c) the person (the relevant person) for whom the order is 19
made dies, and the president becomes aware of the 20
death; or 21
(d) the relevant person asks the president to revoke the 22
order; or 23
(e) the president reasonably believes disclosure of forensic 24
patient information relating to the patient to the relevant 25
person, or any person nominated under section 318O(4) 26
or 318V(1) to receive the information under the order 27
for the relevant person, is likely to-- 28
(i) cause serious harm to the patient's health; or 29
(ii) put the safety of the patient or someone else at 30
serious risk; or 31
s 27 40 s 27
Mental Health and Other Legislation Amendment
Bill 2007
(f) the patient has, under an interstate agreement, been 1
transferred to another State. 2
`318Z Discretionary revocation 3
`(1) The tribunal may revoke a forensic patient information order 4
about a forensic patient if-- 5
(a) the tribunal is unable, after making reasonable efforts, to 6
locate-- 7
(i) the person (the relevant person) for whom the 8
order is made; and 9
(ii) any person (the relevant person's nominee) 10
nominated under section 318O(4) or 318V(1) to 11
receive the forensic patient information under the 12
order for the relevant person; or 13
(b) the relevant person or relevant person's nominee has 14
disclosed, for public dissemination, any forensic patient 15
information relating to the patient disclosed to the 16
applicant or nominee under this part; or 17
(c) the relevant person has not complied with a condition 18
imposed on the order under section 318T or division 3. 19
`(2) However, before revoking a forensic patient information order 20
on a ground mentioned in subsection (1)(b) or (c), the tribunal 21
must give the relevant person a reasonable opportunity to 22
make a submission to the tribunal about why the order should 23
not be revoked. 24
`318ZA Notice of revocation 25
`(1) If, under section 318Y or 318Z, the tribunal revokes a forensic 26
patient information order about a forensic patient, the tribunal 27
must within 7 days give written notice of the revocation and 28
the grounds for the revocation to-- 29
(a) the director; and 30
(b) the forensic patient; and 31
(c) the patient's allied person; and 32
s 27 41 s 27
Mental Health and Other Legislation Amendment
Bill 2007
(d) if the patient is a minor--a parent of the minor or the 1
minor's guardian; and 2
(e) if the president reasonably believes the patient has a 3
personal attorney--the attorney; and 4
(f) if the president reasonably believes the patient has a 5
personal guardian--the guardian; and 6
(g) the administrator of the patient's treating health service; 7
and 8
(h) the Attorney-General; and 9
(i) the chief executive for justice. 10
`(2) The director must, within 21 days after receiving a notice 11
under subsection (1), give a copy of the notice to-- 12
(a) the person for whom the forensic patient information 13
order is made; and 14
(b) any person nominated under section 318O(4) or 15
318V(1) to receive the forensic patient information 16
under the forensic patient information order for the 17
person mentioned in paragraph (a). 18
`(3) The requirement under subsection (1) to give the notice under 19
the subsection to the forensic patient is subject to any 20
confidentiality order of the tribunal mentioned in section 21
318U(7). 22
`(4) If subsection (3) applies, the tribunal must not give the 23
information covered by the confidentiality order to the 24
forensic patient's allied person. 25
`Division 5 Miscellaneous 26
`318ZB Disclosure of confidential information 27
`For the Health Services Act 1991, section 62B, the 3
28
disclosure of information under a forensic patient information 29
order is a disclosure permitted by an Act.'. 30
3 Health Services Act 1991, section 62B (Disclosure required or permitted by law)
s 28 42 s 28
Mental Health and Other Legislation Amendment
Bill 2007
Clause 28 Amendment of s 458 (Confidentiality orders) 1
(1) Section 458(1) and (2)-- 2
omit, insert-- 3
`(1) The tribunal may, by order (a confidentiality order), prohibit 4
or restrict the disclosure of any of the following to the person 5
the subject of a proceeding-- 6
(a) information given before it; 7
(b) matters contained in documents filed with, or received 8
by, it; 9
(c) the reasons for its decision on the proceeding; 10
(d) the reasons for taking or not taking into account material 11
submitted under section 464(1). 12
`(2) However, the tribunal may make a confidentiality order under 13
subsection (1) only if it is satisfied the disclosure would-- 14
(a) cause serious harm to the health of the person; or 15
(b) put the safety of the person or someone else at serious 16
risk. 17
`(2A) The tribunal may, by order (also a confidentiality order), 18
prohibit or restrict the disclosure of any of the following to the 19
patient the subject of an application for a forensic patient 20
information order-- 21
(a) the identity of the applicant; 22
(b) the existence of the application; 23
(c) information given before it; 24
(d) matters contained in documents filed with, or received 25
by, it; 26
(e) the reasons for its decision on the application. 27
`(2B) However, the tribunal may make a confidentiality order under 28
subsection (2) only if it is satisfied the disclosure would-- 29
(a) have an adverse effect on the health of the applicant or 30
patient; or 31
(b) put the safety of the applicant, patient or someone else at 32
risk. 33
s 29 43 s 31
Mental Health and Other Legislation Amendment
Bill 2007
`(2C) For subsection (2A), if the applicant applies for the 1
confidentiality order, the order may be made by-- 2
(a) the tribunal constituted by the president on written 3
material and submissions, without the applicant or 4
patient attending a hearing of the application for the 5
order; or 6
(b) the tribunal at a hearing conducted for the application 7
for the order.'. 8
(2) Section 458(3), after `confidentiality order'-- 9
insert-- 10
`under subsection (1)'. 11
Clause 29 Amendment of s 463 (Tribunal may adjourn hearings) 12
Section 463(b), `but less than 61 days'-- 13
omit. 14
Clause 30 Amendment of s 464 (Submission and consideration of 15
material submitted by victim or concerned person etc.) 16
Section 464-- 17
insert-- 18
`(1D) The material must be sworn. 19
`(5) The submission may be accompanied by a document 20
nominating someone else to receive the information 21
mentioned in section 465(2) for the person making the 22
submission.'. 23
Clause 31 Replacement of s 465 (Reasons for decision about 24
material submitted by victim or concerned person) 25
Section 465-- 26
omit, insert-- 27
s 31 44 s 31
Mental Health and Other Legislation Amendment
Bill 2007
`465 Reasons for decision about material submitted by 1
victim or concerned person etc. 2
`(1) This section applies if, under section 464(1), a person (the 3
relevant person) submits material to the tribunal for a 4
proceeding. 5
`(2) Subject to subsections (3) and (4), the tribunal must, as soon 6
as practicable after making its decision in the proceeding, give 7
the relevant person the following information (the relevant 8
information)-- 9
(a) the reasons for-- 10
(i) taking the material into account; or 11
(ii) refusing to take the material into account; 12
(b) if the material was taken into account--a statement 13
about how it was taken into account. 14
`(3) If a forensic patient information order about a forensic patient 15
has been made for the relevant person and the relevant person 16
has not, under section 464(5), nominated someone else to 17
receive the relevant information for the person-- 18
(a) the tribunal must, as soon as practicable after making its 19
decision in the proceeding, give the information to the 20
director; and 21
(b) the director must, as soon as practicable after receiving 22
the information, give the information to the relevant 23
person. 24
`(4) If, under section 464(5), the relevant person has nominated 25
someone else to receive the relevant information for the 26
person, the tribunal must give the information to the nominee 27
instead of the person. 28
`(5) The relevant information given under subsection (2) must not 29
include the following information about the patient to whom 30
the proceeding relates-- 31
(a) the name or address of the in-patient facility at which 32
the patient is being detained under this Act; 33
(b) if an order has been made or an approval has been given, 34
under this Act, for limited community treatment for the 35
s 32 45 s 33
Mental Health and Other Legislation Amendment
Bill 2007
patient and, under the order or approval, the patient is 1
residing at a place other than the patient's treating health 2
service--the name or address of the place, or the name 3
or contact details of any other person residing at the 4
place; 5
(c) the name or contact details of any relative of the patient; 6
(d) information about the treatment or care of the patient at 7
the patient's treating health service. 8
`(6) If asked by a party to the proceeding, the tribunal must as soon 9
as practicable after making its decision in the proceeding give 10
the party the relevant information. 11
`(7) However, a confidentiality order of the tribunal may displace 12
the requirement under subsection (6) to give the relevant 13
information to the person the subject of the proceeding.'. 14
Clause 32 Amendment of s 489 (Functions) 15
Section 489(1)-- 16
insert-- 17
`(ca) monitoring and auditing compliance with this Act;'. 18
Clause 33 Insertion of new s 493A 19
Chapter 13, part 1, division 1-- 20
insert-- 21
`493A Policies and practice guidelines about treatment and 22
care of patients, other than forensic patients 23
`(1) The director may issue policies and practice guidelines about 24
the treatment and care of a patient, other than a forensic 25
patient. 26
Note-- 27
Under section 309A, the director must issue policies and practice 28
guidelines about the treatment and care of a forensic patient. 29
`(2) If a policy or practice guideline is inconsistent with this Act, 30
the policy or practice guideline is invalid to the extent of the 31
inconsistency. 32
s 34 46 s 35
Mental Health and Other Legislation Amendment
Bill 2007
`(3) In this section-- 1
issue, a policy or practice guideline, includes amend the 2
policy or practice guideline.'. 3
Clause 34 Insertion of new s 498A 4
Chapter 13, part 2-- 5
insert-- 6
`498A Administrator's obligation to ensure policies and 7
practice guidelines are given effect 8
`The administrator of an authorised mental health service 9
must ensure any relevant policies and practice guidelines 10
about the treatment and care of patients issued by the director 11
under this Act are given effect.'. 12
Clause 35 Insertion of new ch 16, pt 4 13
After section 593-- 14
insert-- 15
`Part 4 Transitional provisions for 16
Mental Health and Other 17
Legislation Amendment Act 18
2007 19
`594 Definitions for pt 4 20
`In this part-- 21
commencement means commencement of this section. 22
post-amended Act means this Act as in force immediately 23
after the commencement. 24
pre-amended Act means this Act as in force before the 25
commencement. 26
s 35 47 s 35
Mental Health and Other Legislation Amendment
Bill 2007
`595 Notification order about a forensic patient 1
`(1) This section applies if a notification order for a person about a 2
forensic patient-- 3
(a) was made under section 221 of the pre-amended Act; 4
and 5
(b) was in force immediately before the commencement. 6
`(2) A forensic patient information order is taken to have been 7
made, under section 318O, for the person about the forensic 8
patient. 9
`(3) If the notification order was, immediately before the 10
commencement, subject to a condition, the forensic patient 11
information order is taken to be subject to the condition. 12
`(4) A confidentiality order made under section 458 of the 13
pre-amended Act in relation to the notification order is taken 14
to have been made in relation to the forensic patient 15
information order. 16
`596 Existing application for a notification order about a 17
forensic patient 18
`(1) An application for a notification order about a forensic patient 19
made under section 221 of the pre-amended Act and not 20
decided at the commencement must be decided under this 21
Act. 22
`(2) The application is taken to be an application for a forensic 23
patient information order about the forensic patient. 24
`(3) Section 318O(3)(b) does not apply to the application. 25
`597 Existing application to change conditions of 26
notification order about a forensic patient 27
`(1) An application to change the conditions of a notification order 28
about a forensic patient made under section 228(1) of the 29
pre-amended Act and not decided at the commencement must 30
be decided under this Act. 31
s 35 48 s 35
Mental Health and Other Legislation Amendment
Bill 2007
`(2) The application is taken to be an application, under section 1
318X(1), to change the conditions of a forensic patient 2
information order about the forensic patient. 3
`598 Existing application to revoke notification order 4
about a forensic patient 5
`(1) This section applies to an application to revoke a notification 6
order about a forensic patient made under section 228(1) of 7
the pre-amended Act and not decided at the commencement. 8
`(2) The application must be decided under the pre-amended Act, 9
as if the post-amended Act had not commenced. 10
`599 Outstanding references to Attorney-General 11
`(1) This section applies if-- 12
(a) the director has, under chapter 7, part 2, division 2 of the 13
pre-amended Act, referred the matter of a patient's 14
mental condition relating to an offence with which the 15
patient is charged to the Attorney-General; and 16
(b) the Attorney-General has not at the commencement 17
made a decision, under section 247(1) of the 18
pre-amended Act, on the reference. 19
`(2) The reference is taken to be a reference, under chapter 7, part 20
2, division 2, to the director of public prosecutions. 21
`(3) Section 247(1) of the pre-amended Act continues to apply to 22
the patient as if-- 23
(a) the post-amended Act had not commenced; and 24
(b) the reference to the Attorney-General in that provision is 25
a reference to the director of public prosecutions. 26
`600 Material submitted to tribunal by victim or concerned 27
person etc. 28
`(1) This section applies if-- 29
(a) under section 464(1) of the pre-amended Act, a victim 30
of the alleged offence to which a proceeding before the 31
s 36 49 s 36
Mental Health and Other Legislation Amendment
Bill 2007
tribunal relates or a concerned person submits material 1
to the tribunal; and 2
(b) at the commencement, the tribunal has not made its 3
decision in the proceeding. 4
`(2) Section 464(1D) does not apply to the person who submitted 5
the material. 6
`(3) Section 465(2) and (3) of the pre-amended Act continue to 7
apply to the person who submitted the material, as if the 8
post-amended Act had not commenced. 9
`601 Reasons etc. for tribunal's decision before the 10
commencement 11
`(1) This section applies if-- 12
(a) under section 464(1) of the pre-amended Act, a victim 13
of the alleged offence to which a proceeding before the 14
tribunal relates or a concerned person submits material 15
to the tribunal; and 16
(b) the tribunal has made its decision in the proceeding 17
before the commencement. 18
`(2) Section 465(2) and (3) of the pre-amended Act continue to 19
apply to the person who submitted the material, as if the 20
post-amended Act had not commenced.'. 21
Clause 36 Amendment of sch 2 (Dictionary) 22
(1) Schedule 2, definitions commencement, director of public 23
prosecutions, notification order, post-amended Act and 24
pre-amended Act-- 25
omit. 26
(2) Schedule 2-- 27
insert-- 28
`applicant's nominee-- 29
(a) for chapter 7A, part 1--see section 318A; or 30
(b) for chapter 7A, part 2--see section 318M. 31
s 36 50 s 36
Mental Health and Other Legislation Amendment
Bill 2007
change, a condition, includes impose a condition. 1
classified patient information, for chapter 7A, part 1, see 2
section 318A. 3
classified patient information order see section 318C(1). 4
commencement-- 5
(a) for chapter 16, part 3--see section 589; or 6
(b) for chapter 16, part 4--see section 594. 7
director of public prosecutions means the Director of Public 8
Prosecutions, or a deputy director of public prosecutions, 9
appointed under the Director of Public Prosecutions Act 10
1984. 11
eligible person, for chapter 7A, part 2, see section 318M. 12
forensic patient information, for chapter 7A, part 2, see 13
section 318M. 14
forensic patient information order see section 318O(1). 15
original psychiatrist's report, for chapter 7, see section 235. 16
post-amended Act-- 17
(a) for chapter 16, part 3--see section 589; or 18
(b) for chapter 16, part 4--see section 594. 19
pre-amended Act-- 20
(a) for chapter 16, part 3--see section 589; or 21
(b) for chapter 16, part 4--see section 594. 22
psychiatrist's report, for chapter 7, part 3, see section 245B. 23
special notification forensic patient see section 305A.'. 24
(3) Schedule 2, definition patient, paragraph (a), `318A'-- 25
omit, insert-- 26
`318ZC'. 27
(4) Schedule 2, definition proceeding, paragraph (b), `Patient 28
Review Tribunal'-- 29
s 37 51 s 40
Mental Health and Other Legislation Amendment
Bill 2007
omit, insert-- 1
`tribunal'. 2
Part 3 Amendment of Coroners Act 3
2003 4
Clause 37 Act amended in pt 3 5
This part amends the Coroners Act 2003. 6
Clause 38 Amendment of s 25 (Autopsy reports) 7
(1) Section 25(3)(b), `, or health service employee,'-- 8
omit, insert-- 9
`, health service employee or health executive,'. 10
(2) Section 25(5)-- 11
insert-- 12
`health executive means a health executive under the Health 13
Services Act 1991.'. 14
Part 4 Amendment of Food Act 2006 15
Clause 39 Act amended in pt 4 16
This part amends the Food Act 2006. 17
Clause 40 Insertion of new ss 297 and 298 18
Chapter 12, part 2, division 3-- 19
insert-- 20
s 41 52 s 41
Mental Health and Other Legislation Amendment
Bill 2007
`297 Application of requirements about food safety 1
supervisor and food safety program to existing 2
licensees 3
`(1) This section applies to a person who is a licensee immediately 4
before the commencement. 5
`(2) Sections 86(1) and 88(1)4 apply to the person as if the 6
requirement to comply with the sections within 30 days after 7
the licence is issued under section 60(1) were a requirement 8
for the person to comply with the sections by 1 July 2008. 9
`(3) The person is not liable for an offence against section 99(1) 10
committed before 1 July 2008. 11
`298 No offence committed against food safety supervisor 12
or food safety program provisions before 1 July 2008 13
`(1) This section applies to a licensee to whom section 297 does 14
not apply. 15
`(2) The licensee is not liable for an offence against a provision of 16
chapter 3, part 7, division 2 or chapter 45 committed before 1 17
July 2008.'. 18
Part 5 Amendment of Health Quality 19
and Complaints Commission 20
Act 2006 21
Clause 41 Act amended in pt 5 22
This part amends the Health Quality and Complaints 23
Commission Act 2006. 24
4 Sections 86 (Licensee to have food safety supervisor) and 88 (Licensee to advise
local government about food safety supervisor)
5 Chapter 3 (Licences for particular food businesses), part 7 (Other provisions about
licences and licensees), division 2 (Food safety supervisors) or chapter 4 (Food
safety programs)
s 42 53 s 45
Mental Health and Other Legislation Amendment
Bill 2007
Clause 42 Amendment of s 93 (Conciliation of investigated health 1
service complaint) 2
Section 93(2), `commissioner'-- 3
omit, insert-- 4
`commission'. 5
Part 6 Amendment of Health Services 6
Act 1991 7
Clause 43 Act amended in pt 6 8
This part amends the Health Services Act 1991. 9
Clause 44 Amendment of s 2 (Definitions) 10
Section 2, definition designated smoking area-- 11
omit. 12
Clause 45 Amendment of s 28N (Appointment of members) 13
(1) Section 28N(2) to (4)-- 14
renumber as section 28N(3) to (5). 15
(2) Section 28N-- 16
insert-- 17
`(2) However, a council may consist of more than 8, but not more 18
than 10, members appointed by the Minister if the Minister is 19
satisfied that having more than 8 members will substantially 20
improve the council's ability to perform its functions.'. 21
s 46 54 s 48
Mental Health and Other Legislation Amendment
Bill 2007
Clause 46 Amendment of s 37 (Further responsibilities of 1
committees) 2
Section 37(1)(d), `chief health officer'-- 3
omit, insert-- 4
`chief executive'. 5
Clause 47 Amendment of s 51 (Prohibition of smoking) 6
(1) Section 51(1) and (2)(b), `designated smoking area'-- 7
omit, insert-- 8
`nominated smoking place'. 9
(2) Section 51(4), from `designate' to `area'-- 10
omit, insert-- 11
`nominate a prohibited place as a smoking place'. 12
(3) Section 51(5)-- 13
insert-- 14
`nominated smoking place means a place nominated as a 15
smoking place by the chief executive, and designated as such 16
by signs erected by the chief executive.'. 17
Clause 48 Replacement of s 57C (Function of chief health officer) 18
Section 57C-- 19
omit, insert-- 20
`57C Functions of chief health officer 21
`The functions of the chief health officer are-- 22
(a) providing high level medical advice to the chief 23
executive and the Minister on health issues, including 24
policy and legislative matters associated with the health 25
and safety of the Queensland public; and 26
(b) performing other functions given to the chief health 27
officer under another Act.'. 28
s 49 55 s 52
Mental Health and Other Legislation Amendment
Bill 2007
Part 7 Amendment of Health Services 1
Amendment Act 2006 2
Clause 49 Act amended in pt 7 3
This part amends the Health Services Amendment Act 2006. 4
Clause 50 Omission of s 22 (Amendment of s 57C of the Health 5
Services Act 1991) 6
Section 22-- 7
omit. 8
Part 8 Amendment of Medical 9
Practitioners Registration Act 10
2001 11
Clause 51 Act amended in pt 8 12
This part amends the Medical Practitioners Registration Act 13
2001. 14
Clause 52 Amendment of s 270 (Provision of certain professional 15
services by interstate practitioners) 16
Section 270(1)-- 17
insert-- 18
`(d) the conduct of an autopsy under an order made by a 19
coroner under the Coroners Act 2003, section 19.'. 20
s 53 56 s 54
Mental Health and Other Legislation Amendment
Bill 2007
Part 9 Amendment of Nursing Act 1
1992 2
Clause 53 Act amended in pt 9 3
This part amends the Nursing Act 1992. 4
Clause 54 Insertion of new s 42A 5
Part 2, division 9-- 6
insert-- 7
`42A Minister's power to give directions 8
`(1) The Minister may give the council a written direction about a 9
matter relevant to the council's functions under this Act if the 10
Minister is satisfied it is necessary to give the direction in the 11
public interest. 12
`(2) Without limiting subsection (1), a direction may be to give 13
reports and information to the Minister. 14
`(3) However, a direction can not be about the following-- 15
(a) the registering or enrolment of, or refusal to register or 16
enrol, an applicant for registration or enrolment; 17
(b) the suspension or cancellation of a registration or 18
enrolment; 19
(c) the issue or renewal, or refusal to issue or renew, an 20
annual licence certificate; 21
(d) the authorisation of, or refusal to authorise, a person to 22
practise midwifery or nursing; 23
(e) the revocation of an authorisation of a person to practise 24
midwifery or nursing; 25
(f) a decision to accredit, or refuse to accredit, a nursing 26
course; 27
(g) a decision to cancel the accreditation of a nursing 28
course; 29
s 55 57 s 57
Mental Health and Other Legislation Amendment
Bill 2007
(h) preferring a charge against a person and referring it to 1
the tribunal. 2
`(4) The council must comply with the direction. 3
`(5) The council's annual report for a financial year, under the 4
Financial Administration and Audit Act 1977, must include 5
copies of all directions given to it in the financial year. 6
`(6) However, the council must exclude from the copies all 7
information likely to identify a registered nurse, enrolled 8
nurse, or person authorised to practise midwifery or nursing, 9
to whom the direction relates.'. 10
Part 10 Amendment of Public Health 11
Act 2005 12
Clause 55 Act amended in pt 10 13
This part amends the Public Health Act 2005. 14
Clause 56 Amendment of s 149 (Meaning of health care facility) 15
Section 149(3)-- 16
omit. 17
Clause 57 Amendment of s 153 (Obligation of owner for ICMP) 18
Section 153-- 19
insert-- 20
`(3) Subsection (2) does not apply if the facility is a health care 21
facility, or of a type of health care facility, prescribed under a 22
regulation. 23
`(4) However, a health care facility, or a type of health care facility, 24
may be prescribed under subsection (3) only if the chief 25
executive is satisfied the infection risks associated with the 26
provision of a declared health service at the facility or a 27
s 58 58 s 60
Mental Health and Other Legislation Amendment
Bill 2007
facility of that type can be prevented or minimised without an 1
ICMP for the facility.'. 2
Clause 58 Amendment of s 154 (Obligation of owner/operator for 3
ICMP) 4
Section 154-- 5
insert-- 6
`(3) Subsection (2) does not apply if the facility is a health care 7
facility, or of a type of health care facility, prescribed under a 8
regulation. 9
`(4) However, a health care facility, or a type of health care facility, 10
may be prescribed under subsection (3) only if the chief 11
executive is satisfied the infection risks associated with the 12
provision of a declared health service at the facility or a 13
facility of that type can be prevented or minimised without an 14
ICMP for the facility.'. 15
Part 11 Amendment of Tobacco and 16
Other Smoking Products Act 17
1998 18
Clause 59 Act amended in pt 11 19
This part amends the Tobacco and Other Smoking Products 20
Act 1998. 21
Clause 60 Amendment of s 15A (Person in charge of tobacco 22
product vending machine in bar area or gaming machine 23
area must instruct employees) 24
Section 15A, `20 penalty units'-- 25
omit, insert-- 26
`40 penalty units'. 27
s 61 59 s 62
Mental Health and Other Legislation Amendment
Bill 2007
Clause 61 Amendment of s 26S (No smoking sign) 1
Section 26S-- 2
insert-- 3
`(2) In this section-- 4
no smoking sign means a sign-- 5
(a) indicating that smoking is not permitted; and 6
(b) complying with the requirements prescribed under a 7
regulation.'. 8
Clause 62 Amendment of schedule (Dictionary) 9
(1) Schedule, definition quit smoking sign, after `smoking'-- 10
insert-- 11
`complying with the requirements prescribed under a 12
regulation'. 13
(2) Schedule, definition tobacconist, paragraph (a), after 14
`products'-- 15
insert-- 16
`by retail'. 17
60
Mental Health and Other Legislation Amendment
Bill 2007
Schedule Consequential amendments of 1
Mental Health Act 2000 2
section 3 3
1 Chapter 6, heading, `, notification orders'-- 4
omit. 5
2 Sections 78(1)(a)(ii), 243(1)(a), 246, 248, 250(1), 251, 252 6
and 253(1), `Attorney-General'-- 7
omit, insert-- 8
`director of public prosecutions'. 9
3 Chapter 7, part 3, heading, `Attorney-General'-- 10
omit, insert-- 11
`director of public prosecutions'. 12
4 Section 248, `Attorney-General's'-- 13
omit, insert-- 14
`director of public prosecutions' '. 15
5 Section 250(1)(b)-- 16
omit, insert-- 17
`(b) any complainant; and'. 18
6 Sections 228C(1), 318(1)(b), 437(e), 447(1), 453 and 481(b) 19
and schedule, definition hearing, `notification'-- 20
omit, insert-- 21
`forensic patient information'. 22
61
Mental Health and Other Legislation Amendment
Bill 2007
Schedule (continued)
7 Section 527, `notification'-- 1
omit, insert-- 2
`classified patient information order or forensic patient 3
information'. 4
8 Section 447(1), note, `222'-- 5
omit, insert-- 6
`318N'. 7
© State of Queensland 2007
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